capquest and lowell financial **WON**

[pennypenny]

Thanks BO and SP,

Those letters are both great, I will get onto them right away. I am sure I have sent Brassed offs letter before, it looks very familiar, I think I will try the shorter one and if that doesnt do the trick I will definately put in a complaint about them.

[NailPost]

Notice how their letters, which are of course designed and written to help both sides reach an amicable agreement, make no mention that they might indeed be wrong and that they have no right to collect the alleged debt due to there being no documentation to support their claim. Funny that.

[ScarletPimpernel]

Notice how their letters, which are of course designed and written to help both sides reach an amicable agreement, make no mention that they might indeed be wrong and that they have no right to collect the alleged debt due to there being no documentation to support their claim. Funny that.

 

 

It comes as no surprise to see that these creatures have apparently failed to notice that sending a letter that:

 

contains false information and is therefore untruthful

 

and/or:

 

omits material information

 

and/or:

 

hides material information

 

and/or contains:

 

any threat to take any action which cannot legally be taken

 

means that they are in breach of the duty placed upon them by CPUTR 2008 not to trade unfairly and not to use agressive or misleading practices. In fact, it will be interesting to see how long it takes for DCAs generally to get their threatograms to be compliant. I'd wager that most won't bother until the OFT slaps one of them, and then the CSA will start whining like a petulant about how unfair it all is - whilst ihgnoring the fact that its members all do it.

 

CPUTR is enforced by the OFT directly, which means that a complaint should be made to TS, with a specific request to pass it to OFT for enforcement action under the new regulations.

[pennypenny]

I have sent ScarletPimpernels letter today recorded delivery, let's see if that shuts them up. There's been no phone calls since wednesday though which is odd. I'll just have to wait and see what their next move is.

[IFIWEREARICHMAN]

Hi there,

 

I previously beat lowells regarding one debt which was for a cc. after sending letter M and they were unable to produce the paperwork

They are still chasing me for the bank account o/d and state i acknowledged the debt a payment in 2004. I have no recollection of any such payment. If I had paid I would have paid both accounts therefore surely they would not have admitted defeat with the Credit card

Is there another letter which I can send. Do they have to produce anything to confirm that they are collecting on behalf of Lloyds or is it worth me contacting Lloyds.

 

Thanks all

IFIWEREARICHMAN

[ODC]

The burden of proof lies with Lowells. They must supply proof of the payment being made by YOU. I would write to them demanding proof of such payment

 

1. Date of alleged payment

2. Where made

3. How made

4. Amount

5. Made by whom

 

Its not unheard of for DCAs/Creditors to make a token payment to extend the shelf life of an alleged debt.

 

Lowells tried the imaginary payment ploy with me but unfortunately for them the date they picked made it physically impossible for me to have made the payment. For some strange reason they didnt pursue the matter. Then again they were unable to produce a valid CCA anyway

[pennypenny]

Lowells phone number was on my caller display again today. I checked on Royal Mail and my letter has not been signed for yet so I can only assume they haven't received it yet and that's why they are ringing me, although it's the first call since last wednesday which is surprising, I expected one every day.

[pennypenny]

These people are unbelievable.

I have today received a letter saying:

We are in reciept of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974. Yeah, it was sent a year ago.

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement. Good luck with that, you already told me they havent got it and I've got the letter to prove it.

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, the 12 days were up a long time age mate, you will appreciate this is dependant upon reciept of the information from the original creditor. we'll be in for a long wait then.

So here we go again, round in circles. At least it gives me something to do on this miserable rainy day.

Penny

[ODC]

What a wunch of bankers. You will probaly get a couple of letters in the next few weeks saying they are still waiting on their client to come up with the CCA and when they do you will be expected to pay in in full but if you pay them within a couple of days then they will give you a 60% discount

[pennypenny]

Absolutely spot on ODC, how do you do it???

Today I received a letter saying that their client has requested that my credit aggreement be retrieved from archive, well they'll have to dig pretty deep cos theyve already told me they havent got one.

Oh and "In an attempt to resolve this matter in an amicable way" they would like to offer me a settlement. Er nothing to do with the fact that they know there is no aggrement then?? And as you said ODC the settlement is less than half the balance they say is outstanding. The only snag is I have to pay it by the 23rd July and seeing as its now the 24th and I only received the letter today I have missed the deadline, what a shame:rolleyes:

[pennypenny]

I've received another letter dated 28/7/08.

They say:

 

Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client has yet to furnish us with your agreement (what a surprise:rolleyes:).

 

I can confirm however Creation Financial Services Limited are still in the process of retrieving the required paperwork and once this has been forwarded onto us a copy will be posted to you.

 

There will be no further correspondence from us until the agreement has been received at which point we will require payment in full.

 

You currently still have the option to pay £xxx as a full and final settlement in order to bring this matter to a close, after which we reserve the right to proceed to collect the full balance.

 

If you want to take the offer and bring the matter to a close then please call the number below.

 

A couple of points, they say recent request, I requested it over a year ago so I dont call that recent, do you? Also in their last letter they said the reduced settlemant offer only lasted till the 23rd July and now they are saying I can still have it. Me thinks they are not expecting to receive this agreement any time soon.

[pennypenny]

These people are unbelievable:rolleyes:

I received a letter dated 15/08/08 which says:

We refer to your recent request for a copy of the original credit agreement in respect of the Consumer Credit Act 1974.

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.

Now are they sure about this because I received the same identical letter off them in July last year and here we are again. I shall put it in the file and wait and see how long it is before they start the process all over again.

Penny

[ODC]

Idiots

[MARTIN3030]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/158682-capquest-dont-let-them.html

[pennypenny]

Well, after twice admitting they dont have the CCA and passing it back to creation, they have now wrote to me saying they do have the agreement and have sent it to me with a letter saying:

We write in respect of the above debt, which, as previously notified in writing we have purchased from Creation Financial Services Limited.

We are now entitled to receive payment of the balance of £xxx from you and enclose a copy of your agreement as requested. Neither Creation Financial Services Limited nor ourselves are aware of any reason for non payment.

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice.

So its taken them a year and a half to come up with what looks like an application form. I will try and post it on here later on. I cant see an interest rate on it and it is quite difficult to read.

I would appreciate any help when I manage to get it on here.

Thanks

Penny

[Greenpea]

pennypenny

Is it not statute barred yet. ? If not how long. Is your signature on this application form. I'm sure you don't need telling that more than likely it won't be a genuine cca.

[ODC]

If it hasnt got the prescribed terms on it its not worth the paper its badly photocopied onto.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/105315-my-agreement-enforceable-useful.html

[pennypenny]

Hi Greenpea and ODC,

 

I will attempt to post CCA on here, its took me ages to do this, I am totally useless with computers:confused:

 

http://i225.photobucket.com/albums/dd181/pennypenny1/DSC00973-2.jpg

 

Is that any good?

[KER]

I think you'll need to get the 3rd paragraph on the 3rd line clearer.. I think that's the one that will contain any "terms"

[pennypenny]

Hi KER,

That paragraph says Declaration and Consent at the top and its very hard to make out but I think its about the details I have provided being true and accurate, there is nothing about interest rates on there.

[pennypenny]

Has anyone got any idea if the above "cca" is enforceable? There is no mention of interest rates but there is a credit limit on there. I think it is the application form I filled in at the time I applied for it in the store. They are saying I need to contact them in 7 days so I would like to get a letter sent off to them.

[42man]

Edit this possibly Pen ?

 

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

 

Re: my request under the Consumer Credit Act 1974

 

This account is in Dispute .

 

On xx/xx/2007 I wrote to xxxxxxxxx requesting that xxxxxxx supply me a true copy of the executed credit agreement for this account.

In response to this request I was supplied a mere application form which did not comply with the requirements of the Consumer Credit Act 1974.

 

The document sent purporting to be a credit agreement does not contain any of the prescribed terms as required by section 60(1) Consumer Credit Act 1974. The Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) made under the authority of the “1974 Act” sets out what the prescribed terms are, I refer you to Schedule 6 Column 2 of SI 1983/1553 for the definition of what is required. Suffice to say none of the terms are present in the document

 

Since this document does not contain the required prescribed terms it is rendered unenforceable by s127 (3) consumer Credit Act 1974, which states

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

I require you to produce a compliant copy of my credit agreement to confirm I am liable to you or any organisation, which you represent for this alleged debt, if you cannot do so I require written clarification that this is the case. Should you ignore this request I will report you to the Office of Fair Trading to consider your suitability to hold a credit licence in addition to a complaint to Trading Standards, as you will be in breach of the Administration of Justice Act 1970 section 40

 

Since the agreement is unenforceable and the default notice is non compliant, it would be in everyone’s interest to consider the matter closed and for your client to write the debt off. I suggest you give serious consideration to this as any attempt of litigation will be vigorously defended and I will counter claim for all quantifiable damages

 

I respectfully request a response to this letter in 14 days

 

I trust this out lines the situation

[pennypenny]

Great letter 42man, I will edit that and get it sent off straight away.

Thanks:)

Penny

[scorterooney]

Subscribing - best of luck Penny

[pennypenny]

Thanks scorterooney:)

 

Well, 42mans letter seems to have done the trick, I have received a letter from Lowells today.

 

It says:

 

We refer to your recent correspondence regarding the above matter.

 

We can confirm that we have taken the decision to close your account as a gesture of good will (Ha, good will my a**e) and you will receive no further correspondence from us regarding this matter.(Where have I heard that before:roll:)

 

We trust this information clarifies the situation. (Yes thanks, its you who has a problem understanding it)

 

I will be keeping that letter safe. Thanks for all you help, again:)

 

Penny:grin: