What do I do next with Lowells financial

[ripcurl]

Thanks for the info. I need to ask a couple of questions:

 

1. If you send this letter are you not admitting to it anyway?

2. Can they then add anything onto my credit report as my mortgage is in the processing stages at the moment?

 

Cheers

Ripcurl

[ODC]

Thanks for the info. I need to ask a couple of questions:

 

1. If you send this letter are you not admitting to it anyway?

2. Can they then add anything onto my credit report as my mortgage is in the processing stages at the moment?

 

Cheers

Ripcurl

The debt is Statute Barred so there is sweet FA that they can do to enforce it. You can place a notice in the front of the Daily Mirror admitting the debt but NO-ONE can enforce it now.

 

Red say they are acting for their clients Clownells when in fact they are all the same bunch of mongrels.

[Devonguy]

Hi Folks,

 

Thought I'd post this again as my thread appears to be in danger of being hijacked.

 

I've received in the post from Lowells (way outside 12+2+30) a poorly photocopied Barclaycard Application form, it contains no info regarding amount of credit, repayments, rate of interest or credit limit. It does however have a small section at the bottom of the form headed:

 

Barclaycard Visa Card/Barclaycard Ma (sticker across this part)

Credit Agreement regulated by the Consumer Credit Ac (again sticker across this part)

 

This section contains a box marked : For Office Use Only. There is no signature, stamp or anything else in this box. Does anyone out there have any idea if this sounds like the correct info that should be sent in response to a CCA request? I've read elsewhere in these pages that application forms are not credit agreements. Have Lowells provided me with a true copy of a properly execued CCA or is this another ruse or theirs?

 

Thanks for any help or advice in advance, cheers,

 

DG

[Curlyben]

They have sent what they believe to be the executed agreement, but in this case it sounds like it doesn't comply with s61 so is unenforceable.

[Devonguy]

Hi CB,

 

Thanks for that, any suggestions as to a next move. The letter they've sent again asks me to ring them!! Should I write and tell them this is not what I've asked for, carry on waiting or pass all info on to TS and OFT. To be fair (Ha! fair to Lowells), this is the only contact they've made since acknowledging my CCA request back in July. Any suggestions would be greatly appreciated.

 

Cheers,

 

DG

[Curlyben]

Well normally I would say wait until they pass the 12+month.

Then AFTER they start demanding money report them to TS for non compliance of CCA and harassment concerning an aledged debt.

[Devonguy]

Thanks Ben, so no contact to them at all? They are already past 12 + one month since August 29th, I'll just go back to the waiting game again and see where it goes from there. Will post if/when there are any further developments.

Cheers,

 

DG

[ODC]

Hi CB,

 

Thanks for that, any suggestions as to a next move. The letter they've sent again asks me to ring them!! Should I write and tell them this is not what I've asked for, carry on waiting or pass all info on to TS and OFT. To be fair (Ha! fair to Lowells), this is the only contact they've made since acknowledging my CCA request back in July. Any suggestions would be greatly appreciated.

 

Cheers,

 

DG

 

Well normally I would say wait until they pass the 12+month.

Then AFTER they start demanding money report them to TS for non compliance of CCA and harassment concerning an aledged debt.

Curlyben is being way too modest. He has an excellent letter which should give Clownells something to think about

 

Re: my request under s78 of the Consumer Credit Act 1974

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

Once the month is up send them this altering dates etc to suit yourself

[Devonguy]

Hi ODC,

 

Brilliant, thanks for that. It's now 12+43 days (including 2 days for post etc.) Should I include all the usual 'Acknowledge no debt' lines in the letter or just copy, paste and alter accordingly the rather impressive letter above?

 

Thanks to everyone for all their help, Cheers,

 

DG

[Curlyben]

Yep put all the usual headings on it.

I have an edit that's needed tho' as this letter was designed for an OC not a DCA.

 

9th Para last line should read:

Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

hehehehe

[ODC]

Hi ODC,

 

Brilliant, thanks for that. It's now 12+43 days (including 2 days for post etc.) Should I include all the usual 'Acknowledge no debt' lines in the letter or just copy, paste and alter accordingly the rather impressive letter above?

 

Thanks to everyone for all their help, Cheers,

 

DG

There is no need. BTW the letter is not mine but Curlybens. That letter should keep our Leeds friend busy for a while. I have no doubt they will pass you on to their paramilitary branch Hamptons ilLegal

[Devonguy]

Cheers, guys. Thanks for all your help. I'll work on amending the letter today and post it off to them recorded ASAP. Will update with any further developments as and when they happen.

 

Many thanks for all the great help and advice to date,

 

Devonguy

[ripcurl]

sorry I butted in on your thread devonguy. Thanks for the info - that's one thing off my mind.

 

Cheers

Ripcurl

[ripcurl]

Sent off my 'statute barred' letter recorded delivery to Chief Operations Officer Andrew Bartle on 14.09.07. Just checked tracking on Royal Mail and see that S Bartle signed for the letter on the 15th! Is this a family business???

[Devonguy]

Strangely enough I've just tracked my letter as well and Lowell and Behold! (sorry bad joke) exactly the same individual signed for mine. Spooky eh?

[ODC]

Sent off my 'statute barred' letter recorded delivery to Chief Operations Officer Andrew Bartle on 14.09.07. Just checked tracking on Royal Mail and see that S Bartle signed for the letter on the 15th! Is this a family business???

Their response should be fun. Post it here so we can all have a laugh. Clownells are well known for their purchase of Statute Barred and Unenforcable Debt. They will hardly give up without sending you some stupid letter back

[Devonguy]

Their response should be fun. Post it here so we can all have a laugh. Clownells are well known for their purchase of Statute Barred and Unenforcable Debt. They will hardly give up without sending you some stupid letter back

 

Indeed they did, received this on 21/09/07:

 

FINAL NOTICE

 

Our agent has failed to make contact with you and as a legal requirement we must now inform you that 7 days from the date of this letter (letter dated 19/09/07) we intend to instruct our legal department to review your account.

 

This may involve applying for a County Court Judgement to be registered against you, if successful, dependent on you circumstances we will enforce the Judgement by one or more of the following steps:

 

1. Instructing a bailiff or sheriff to remove goods from your premises
   
2. Obtain a charge against your property
   
3. Deduct payments from your salary through your employers
   
4. Obtain payments directly from your bank account
   
5. Request your attendance at court for examination of your financial means

As a FINAL attempt to resolve this matter, in order to avoind the possible need to take LEGAL ACTION you MUST contact us NOW

 

0845 300 9416

Now given that all they have sent me back is an old application form with so poorly ccopied I can't make out any T's & C's but there is definately nothin on it to suggest it has been endorsed or approved by the bank, would anyone on see this as a reason for concern?

 

Cheers,

 

DG

[ODC]

This is a standard Threatomatic letter from Clownells. You can ignore it or send them one of Curlybens excellent BOG OFF letters.

 

Note they say they MAY apply for a CCJ and IF succesful dependent on circumstances will enforce the judgement by one of the following methods blah blah blah blah

They havent a hope of getting anywhere with a poorly photocopied application form which does not contain the prescrbed details. They are Bluffing and the next letter you get will be from Hampton iLegal.

 

Same company same sh!t different notepaper

[ripcurl]

ok, got the reply - dated the 17th, don't think they actually read my statute barred letter.

 

Dear Miss Madam (!!!)

 

Our client Lowell Portfolio I Ltd has asked us to offer you a settlement figure on your outstanding balance in an attempt for you to settle your account in an amicable way that also saves you a large amount of money before further action is needed to be taken.

 

I am in a position today to offer you an early settlement figure with a discount of '50%', leaving a new outstanding balance of (less 50%).

 

I'm sure you will agree this is an excellent offer, an offer I hope you are able to take advantage of.

 

Please note this offer is only available until the 15/10/2007. Unless funds are received and cleared by this date we will continue with other means of recovery, this debt will not go away and repayment has to be made.

Blah Blah Blah

Karen Williams

Head of Collections

 

Disappointingly they obviously are unaware that they have already sent me a letter of similar content with the same discount but signed by Andrew Bartle!!!

 

So - what do I do next?

 

Many thanks

Ripcurl

[ODC]

ok, got the reply - dated the 17th, don't think they actually read my statute barred letter.

 

Dear Miss Madam (!!!)

 

Our client Lowell Portfolio I Ltd has asked us to offer you a settlement figure on your outstanding balance in an attempt for you to settle your account in an amicable way that also saves you a large amount of money before further action is needed to be taken.

 

I am in a position today to offer you an early settlement figure with a discount of '50%', leaving a new outstanding balance of (less 50%).

 

I'm sure you will agree this is an excellent offer, an offer I hope you are able to take advantage of.

 

Please note this offer is only available until the 15/10/2007. Unless funds are received and cleared by this date we will continue with other means of recovery, this debt will not go away and repayment has to be made.

 

Blah Blah Blah

Karen Williams

Head of Collections

 

Disappointingly they obviously are unaware that they have already sent me a letter of similar content with the same discount but signed by Andrew Bartle!!!

 

So - what do I do next?

 

Many thanks

Ripcurl

 

Dear Kate

 

What part of STATUTE BARRED do you not understand. I am not prepared to enter into any discussion ove this STATUTE BARRED debt.

 

Please send me details of your complaints procedure. Failure to do so within 7 days of this letter will result in and immedaite complaint to the FOS. I shall also be reporting the matter to TS and the OFT with regard to the Lowell Group of Companies fitness to hold a Credit Licence.

 

yours etc

[Devonguy]

I like the idea of one of Curlybens letters is there a link to them, any particular one reccommended?

 

Cheers,

 

DG

[ODC]

Here you go alter to suit yourself. CB may be along to add some more to it

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU PURPORT TO REPRESENT

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

[Curlyben]

I like the idea of one of Curlybens letters is there a link to them, any particular one reccommended?

 

Cheers,

 

DG

A link to my library, *cough* yeah right.

[Devonguy]

Sorry CB. I've sent them the one ODC has just posted and the Threatomatic one above is the one they replied with. Should I just pass everything on to TS etc. and let it all go from there?

[Curlyben]

ODC's (my library) letter is really menat for OC's not DCA's

 

Try this one on for size:

 

Deleted better idea.

Edit as needed.

Now I would start getting all your documents and logs together for a report to TS against Lowells for chasing an unsubstantiated debt.