SLC Cannot Supply The Original Agreement

[lickthewallfatboy]

don't want to sound naive or anything here,but what happens if after 12 days without an agreement being produced,you write to the creditor denying the debt,stop payments etc etc,and then they come up with it?Are you still entitled to tell them to go away?

 

I just want to be sure of this......

[lickthewallfatboy]

can they enforce the debt if they send you a copy of the agreement after 12 days are up?First Direct did just this with me,and I want to be able to tell them to sod off!!

[lickthewallfatboy]

if it's 30 calendar days-I have just wiped an £1100 loan with Lowell Financial,and as First Direct didn't supply me with the agreement till 32 days,£2300 with them....

 

am I correct with the First Direct case here?

[lickthewallfatboy]

is this what your looking for Stonelaughter?

 

http://www.johnantell.co.uk/CCA1974.htm

[lickthewallfatboy]

Fantastic how did you DO THAT?!

 

took me a wee while,but I used a few combinations of phrases on google.

 

and thanks v much for the comments and advice.I can't believe it was so easy!!

[lickthewallfatboy]

I have drafted this letter to Lowell Financial-what do you think?

 

LOWELL FINANCIAL LTD

PO BOX 172

LEEDS

LS11 9WS

 

 

7 AUGUST 2006

 

 

Dear Sir/ Madam

 

Re agreement no. xxxxxxxxxx

 

I wrote to to you on June 30 via recorded delivery,requesting a true copy of the signed agreement under the terms of the secs. 77(1) and 78(1) of the CCA 1974,enclosing the statutory maximum fee of £1 in the form of a postal order.

 

I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request.

 

I do not acknowledge any debt to Lowell Financial Ltd/Lowell Portfolio Ltd.

 

I will no longer be making payments against this "debt" as it is unenforceable. Lowell Financial has committed a criminal offence under the terms of the Consumer Credit Act, and non compliance with the original request is therefore a complete defence to any court claim that is issued.

 

This will result in a report being submitted to the relevant statutory authorities.

 

I calculate that since 30th April 2005,you have taken £927.90 from my account.

I require repayment in full of this money within 14 days or I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

 

Sound ok?

[lickthewallfatboy]

much obliged SL

 

I caught that I was just about to go and post the letter!!PHEW

[lickthewallfatboy]

hope you achieve full success!!

[lickthewallfatboy]

I have just sat and read the entirity of this thread and at the end confused with regard to my situation.

 

To clarify...

Do you need to be behind with payments/have your debt sold on or can you follow the procedure with an existing debt on which you are paying?

 

I could really do with wiping out several of my credit cards and loans, but even one would help. I do however make payments to them currently.

 

Could someone shed some light on this?

Thanks

 

 

Do you need to be behind with payments/have your debt sold on -no

 

or can you follow the procedure with an existing debt on which you are paying?-yes

 

Could someone shed some light on this?-go for it-it only costs a quid a letter

[lickthewallfatboy]

Lowell Financial have sent us a signed agreement from First Financial who we took a loan out with and whom they say they bough the debt from.

 

Are we still ok to tell them we do not recognise the debt as the 30 days have long since come and gone?

[lickthewallfatboy]

top result-I bet they hate it when people exercise their rights and put them back in their box!!