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capquest and lowell financial **WON**


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I sent a cca request to capquest on 15th March and received a letter back saying they had requested this information from Creation Financial Services and the account was on hold for 28 days, this letter was sent to me on 12th April (they had already defaulted).

I then received a letter from Creation Financial Services on 11th May which said,

 

Dear Mrs xxxxxxxxx

We hereby give notice of the assignment of the debt due to us from you in respect of the balance of £xxx outstanding on your Creation Financial services account.

On 27th April, 2007 your account was sold to Lowell Portfolio 1 Ltd.

Then I received a letter from Lowell Portfolio on 14th may basically telling me to ring them and agree to a settlement or repayment plan.

 

What I want to know is can they pass this on when they clearly dont have a copy of the agreement and is also past the 12 plus 30 days allowed for them to comply with my request? Does anyone know what letter I can send to remind them of this?

 

I would be grateful for any advice;) .

 

Penny.

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Now you CCA Lowell. The agreement clearly doesn't exist and Creation have pulled a fast one by selling it on to Lowell. I just had a similar situation with Lowell and they closed the file when I CCA'd. You could make more of a meal of this if you were sadistically minded:D but personally I would just wait for that letter from Lowell saying they are no longer pursuing the matter and keep it very safely.

"Why CCJ when you can CCA!"

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Thanks for that, I will cca lowell straight away. They rang me yesterday cos I haven't been in touch with them at all since receiving their letter, hopefully that will stop when they get my cca.

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I've just had a phonecall off lowells, I didn't answer it but they asked if they could speak to me, they only used my first name (very sneaky, probably so we think its a friend calling) but when asked who was speaking it was someone from Lowells. We have caller I.D. so we dont usually answer calls that begin with 0870 which dca's usually begin with but this number began with 01133(also very sneaky). cca will be sent first thing tomorrow I think.

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I CCA'D Lowells a few weeks ago when they bought my sons Barclaycard debt. They sent a copy of a credit card application. We were quite pleased with this as it clearly states he would be paying PPI (no option to accept or decline). At the time he was a 19 yr old uni student with no income!!!

 

Have sent SAR to Lowells!

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Lowell Financial are very compliant with CCA requests. You'll next get a letter from them acknowledging your request. But beware, they are also very sneaky, and you're right not to speak to them on the 'phone!

 

Have a read of this and you'll see what to expect:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

 

Good luck, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

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You could make more of a meal of this if you were sadistically minded:D

 

I like that idea better! 8)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Yes I'll keep you updated, I hope it will be another victory and thanks Dave, I've been reading through your thread, at least I'll know what to expect. They haven't rang at all today, and if they do I won't answer it.

 

Penny.

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Well, Lowells signed for my cca on the 2nd June and their number was on my caller I.D. today. Do they really think I am going to talk to them on the phone??? I don't think so!!!

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Dear old Clownells!

 

They have just failed to supply 2 CCA requests for me and now committed an offence on both.

 

Just remember - never worry about them - they really are quite stupid! ;)

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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I've just received a letter from those "lovely" people at lowell Financial.

It says:

Dear Mrs xxxxxxxxx

We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974.

We are also in receipt of the prescribed fee from you .

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

While we endeavour to reply to you with the required information within the prescribed 12 day period under the consumer credit act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period.

I'd just like to raise a couple of points. Aren't they supposed to obtain a copy of the agreement from the original lender when they purchase the alledged debt? also if capquest couldn't get it then I'm pretty sure there isn't one. They can advise further if it will take longer all they like, they're getting 12 days + 30 and thats it!!!

 

Oh and theres been no phone calls from them today.

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Do these people at Lowells know what they are doing:confused: .

 

After receiving that letter yesterday I have today received a letter from them saying:

 

In previous letters sent to you it was made clear that unless an acceptable offer of repayment was made, we would take appropriate steps to recover the amount owing.

As you have failed to contact us we have now been instructed to appoint an agent in your area to visit your home to discuss repayment of your account, unless you make contact with us within the next 48 hours our agent will contact you with a view to arrange a visit monday to saturday between the hours of 8.00am-9.00pm

To prevent the above action taking place you MUST contact us URGENTLY so we can advise you accordingly.

The letter I received yesterday was dated the 5th june and the letter I received today was dated the 4th june so should I send a reply or just leave it? They obviously wrote this letter first and then received my cca request then wrote the one I got yesterday, but somehow the first letter overtook the second letter. I am soooo confused:confused: .

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Oh that is standard Penny! They ALWAYS state you have never got in touch - make sure you send letters Special Delivery then it'll just make them look all the more foolish should a court situation arise!

Egg/CapQuest 2 - CCA sent 12/04/07 ****RESULT****

Barclays Bank/Lowell 1 - CCA sent 12/04/07 ****RESULT****

 

Halifax/CapQuest 1 - CCA sent 12/04/07 SD issued ****WON with COSTS****

 

Barclaycard/Cabot - CCA Sent 12/04/07 Unenforcable Application Form

Smile/Lowell 2 - CCA sent 12/04/07 Unenforcable Application Form

NatWest/Fredrickson International - CCA sent 12/04/07 No Reply

 

Halifax/1st Credit - CCA sent 17/04/07 No CA but Threats from 1st Credit & Connaught! - Still Nothing but still chasing!

 

Student Loans Company/CapQuest 3 - CCA sent 11/06/08 - No Reply.

Lowell 3 - Ignored them went over their heads to Capital One

 

Halifax - S.A.R - sent 17/04/07 Completely incomplete!

Halifax 2 - S.A.R - sent 11/06/08 - Scant Info

Capital One - S.A.R - sent 11/06/08 - Scant Info

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I sent the cca recorded delivery and have kept the part with the track and trace number on which says they have signed for it. They havent tried ringing me for the last couple of days though which is strange cos they were ringing every day before that.

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  • 1 month later...

Well, after hearing nothing from Lowells for over a month, I have received a letter from them today which says:

 

Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act.

 

After liaising with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances, we have closed our files in relation to this account which has now been returned to our client . We can confirm that no further contact will be made by us regarding this account.

 

We trust that the above clarifies matters for you.

 

So does that mean I can expect another DCA to come chasing me in the future? I thought Lowells had bought the debt off creation as that is what it said in their first letter so how can they pass it back??

 

Penny.

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Frankly, I think that's the last you'll hear from them but keep that letter bloomin safe!

 

Well done, that's a real victory!! :D

 

Balloons...............

 

ballons.jpg

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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I just love it when 'we' win one!!!

 

tiger1.gif

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

--

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Thanks Dave and Clutchingatstraws. I feel a lot better now after being hassled by both capquest and lowells, I didnt think they would give in that easy though. I will be guarding that letter with my life, just incase anymore come crawling out of the woodwork....:)

 

Penny.

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good on you Penny.

 

have you sent a CCA to Creation Financial Services. this will put the nail in the coffin. once they have it. they will not be able to pass the debt around. even though it is claimed they sold the debt.

 

i wonder if the debts are getting sold!!!!!

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Thanks DMD for the rep comment:)

Hi Vogelrok, no I didnt CCA Creation Financial Services, I just CCA'd Capquest and then Lowells when they passed it onto them. Creation obviously dont have the agreement so maybe I should CCA them so I can watch them squirm.

Creation definately said they had sold the debt on to Lowells.

Penny.:)

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