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What do I do next with Lowells financial


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IF the document has all the prescribed then it can be enforced in court.

Doesn't really matter if it says application on it or not.

 

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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Hi again,

Having trouble getting this thing scanned, in the meantime, here’s what’s on the document that’s readable:

Application

 

Register your Nectar number

 

1) Name and address Details: and all the relevant info

2) Personal Details: and all the relevant info

3) Home Details: and all the relevant info

4) Employment Details: and all the relevant info

5) Annual Income Details: and all the relevant info

6) Other Card Details: and all the relevant info

7) Bank/Building Society Details: and all the relevant info

8) Additional Cardholder: nothing in here

9) Payment Protection Insurance: marked with an ‘X’

10) Balance Transfer: this bit is blanked like something was placed over this section before photo copying.

11) Barclaycard Protection: Nothing here

DO NOT FORGET TO SIGN THE AGREEMENT BELOW

 

and finally

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

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

Then some really unintelligible small print, then my signature and the date (I’ve also noticed that the sticker is very bright and new looking while the rest of the photocopy is grainy)

And that’s it, nothing more than that, I will try to get this scanned and uploaded in the next couple of days, but given this info anyone got any thoughts?

Cheers,

DG

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Quelle surprise!!!!!!!!

 

 

 

Well not really. It is Clownells after all. I thought they would have learnt their lesson when they bought all the Crap One application forms.

 

No wonder they are up for sale.:D

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Hi (again) Guys,

Has anyone any suggestions as to a next move with Clownells, or does the wait and see what they do next approach seem to be the best option?

Cheers

DG

Wait their next response and take it from there. They are persistant buggers but are easy beaten with Facts and the CCA:D

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Hi Guys,

 

I've given this 'document' a thorough once over again just to make sure wishful thinking isn't at work here, and what I've posted above is all that's contained in it. Nothing else whatsoever.

 

Also could I ask if anyone knows what the minimum figure owed would be for a DCA to start bankruptcy proceedings? These

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Sorry pushed something there that posted before I'd finished.

 

I was going to say these jokers seem to think its any amount over £750.00.

 

Should I just start ignoring these idiots now?

 

Cheers,

 

DG

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  • 3 weeks later...

Hi Guys,

 

Back at last, those friendly folk at Hamptons are back in touch, it's been a while. Here's what they had to say:

 

From:

Fly by night wide boy shysters

To: Devonguy

RE: Load of officious and irrelevant references to account numbers

We refer to previous correspondence and note you have failed to respond to us to make realistic arrangements to settle the amount outstanding to our client.

Legal proceedings may now be issued upon you without notice through the County Court, which would incur you with payment of the following costs:-

Current outstanding debt: xxxx.xx

Court fees: xx.xx

Solicitors Costs: xx.xx

Interest: xx.xx

Total: xx.xx

Please note this will substantially increase the amount you are liable to pay our client.

YOU CAN PREVENT THIS ACTION BEING TAKEN BY CONTACTING US ON 0113 394 6317 AND ARRANGING FOR PAYMENT TO BE MADE.

It is not too late to resolve this matter prior to any intended legal action being commenced and we would urge you not to ignore this correspondence and contact us immediately.

Payments can be accepted using debit or credit cards, cheques or bankers draft.

 

This letter is again contains those ambiguous 'may take action' type phrases, also mentions legal action without notice??!!!

 

Not wanting to get ahead of myself but thanks to Curly Ben and ODC I've gotten used to these people, this seems like another empty threat designed to frighten me into paying an alleged debt they can't even prove they have a right to collect.

 

I'm tempted to ignore the idiots, unless anyone knows of a better course of action?

 

Cheers all,

 

DG

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Hi Funhat,

 

They supplied me with a bad photocopy of an application form earlier in the year, can't get it scanned but I posted a full description of it and it doesn't seem to be enforceable. Since then they've sent letters of various types all with threats of action but no definitive action has ever been taken, so I'm thinking they know this is unenforceable and are just trying their luck. As I mentioned Curly Ben and ODC have helped me immensely in understanding how these people operate and how to reply to them, so I think I can read between the lines on this one and take it as another empty threat.

 

I'm hoping if someone knows of a response to send they'll give me some advice on it otherwise I'll wait and see what their next move is. Everything is ready to go to TS just want to see how they follow this one up.

 

Cheers,

 

DG

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Reading your threat has given me the confidence to try this with Lowell's who I'm paying to clear an old Barclaycard balance. I signed up for the card in June 2001 or so, so I've got reasonable confidence that the CCA documents are buried amongst a massive pile of stuff and might not be found.

 

I'm just a bit worried about breaking contact with them, for all I've read about them I think I'm the only personal who has had a reasonable relationship with them.

 

Do you have to send the CCA saying "I DO NOT ACKNOWLEDGE ANY DEBT..", as I think that would be a bit hypocritical in my situation, but I have had some recent communication with them about data accuracy, so I could follow it up with that but keep paying I suppose.

 

I remember the booklet they sent me when they first obtained their account, it was like a sales brochure. "we're not like other debt collection companies, we're here to work with you at every step to help you recover and we'll do everything we can to help".

 

I was nearly sick it was that mushy!

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Reading your threat has given me the confidence to try this with Lowell's who I'm paying to clear an old Barclaycard balance. I signed up for the card in June 2001 or so, so I've got reasonable confidence that the CCA documents are buried amongst a massive pile of stuff and might not be found.Its highly unlikely that Clownells will be able to produce an executed CCA

 

I'm just a bit worried about breaking contact with them, for all I've read about them I think I'm the only personal who has had a reasonable relationship with them.You have a reasonable relationship with them because you are paying them. If they fail to supply you with a valid CCA after 12 working days then you can legally stop paying them

 

Do you have to send the CCA saying "I DO NOT ACKNOWLEDGE ANY DEBT..", as I think that would be a bit hypocritical in my situation, but I have had some recent communication with them about data accuracy, so I could follow it up with that but keep paying I suppose.Thats up to you. The CCA is merely a request that the alleged debt actually exists and that they have a LEGAL right to collect it

 

I remember the booklet they sent me when they first obtained their account, it was like a sales brochure. "we're not like other debt collection companies, we're here to work with you at every step to help you recover and we'll do everything we can to help".

 

I was nearly sick it was that mushy!

Their brochure is somewhat detached from the reality practised by their morons who work in the Leeds Threat Centre.

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Dear Idiots

 

Thank you for you recent load of pooh.

 

No CCA=No Enforcable Agreement

 

See you in Court

 

Love Devonguy

 

Lol, love the new icon/picture by the way, can I join the fan club too?

 

Cheers,

 

DG

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Their brochure is somewhat detached from the reality practised by their morons who work in the Leeds Threat Centre.

 

Tell me about it. Thinking back, a prime example of where I've been messed around..

 

I called to change the date my payments are due as I changed jobs and got paid a few days later. The person on the phone messed this up, set the date to the day I got paid (even though I pay by standing order) and then wanted a £10 deposit to change it, even though I had told them the date to set it too and they had mucked up. Plus they wanted to set it up to automatically take payment from my debit card (I don't have mug/stupid/gullible/wet behind the ears written across my forehead) and they couldn't possibly see why I didn't want to do this.

 

They're getting a CCA request on Monday, I'll start a new thread as not to derail this much further.

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Hi Guys,

Some exciting new developments, hope someone can help with this.

Hamptons having been blanked have now reverted to being Lowells and have sent me this:

 

NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM

TAKE NOTICE that legal proceedings are currently being prepared to be sent to Court for service upon you. Should you want to avoid this happening you should contact us within the next three days to arrange settlement of your current debt of £xxxx.xx (letter is dated 22/11/07 and was received 27/11/07 so I guess I'm buggered as my three days were up before I received this).

 

INFORMATION ABOUT A COUNTY COURT CLAIM

If a Claim is issued, a court fee, legal costs and interest will be added to the debt as described below. The legal costs, court fees and interest would increase should it be necessary to progress the legal action.

If a Judgement is made against you, your name and address may be entered in the REGISTER OF COUNTY COURT JUDGEMENTS which may remain for up to a six year period.

 

This may make it difficult for you to get credit in the future.

Current outstanding debt: xxxx.xx

Court fees: xxx.xx

Solicitors costs: xx.xx

Interest: xx xx

Total: xxxx.xx

Then all the how to pay bumpf.

 

Now I'm now expert, but I've posted a description of the 'CCA' Lowells sent me on here further back in the thread, and those that have offered advice seem to think it is unenforceable, add the fact that the letter was sent probably intentionally to arrive after the three day period they offered had expired I think this may be yet another scare tactic to get money they can't prove they have a right to collect.

 

Would anyone have any thoughts as to a next move? Really don't know what to do next, if they could enforce this they would have taken me to court already (wouldn't they?), why won't they just p*ss off.

Hope someone can help.

Cheers,

DG

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Hi Guys,

Some exciting new developments, hope someone can help with this.

Hamptons having been blanked have now reverted to being Lowells and have sent me this:

 

NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM

TAKE NOTICE that legal proceedings are currently being prepared to be sent to Court for service upon you. Should you want to avoid this happening you should contact us within the next three days to arrange settlement of your current debt of £xxxx.xx (letter is dated 22/11/07 and was received 27/11/07 so I guess I'm buggered as my three days were up before I received this).

 

INFORMATION ABOUT A COUNTY COURT CLAIM

If a Claim is issued, a court fee, legal costs and interest will be added to the debt as described below. The legal costs, court fees and interest would increase should it be necessary to progress the legal action.

If a Judgement is made against you, your name and address may be entered in the REGISTER OF COUNTY COURT JUDGEMENTS which may remain for up to a six year period.

 

This may make it difficult for you to get credit in the future.

Current outstanding debt: xxxx.xx

Court fees: xxx.xx

Solicitors costs: xx.xx

Interest: xx xx

Total: xxxx.xx

Then all the how to pay bumpf.

 

Now I'm now expert, but I've posted a description of the 'CCA' Lowells sent me on here further back in the thread, and those that have offered advice seem to think it is unenforceable, add the fact that the letter was sent probably intentionally to arrive after the three day period they offered had expired I think this may be yet another scare tactic to get money they can't prove they have a right to collect.

 

Would anyone have any thoughts as to a next move? Really don't know what to do next, if they could enforce this they would have taken me to court already (wouldn't they?), why won't they just p*ss off.

Hope someone can help.

Cheers,

DG

This is a standard bovine excrement letter from Clownells. I have had several of them and all received after the magical three day period was up. I responded to them by telling them I would welcome a cort appearance with them. Stangely enough I am still waiting. If the experts agree that the so called CCA is not valid then I wouldnt worry about them. You could send them the CB special and call their bluff

 

Sir/Madam,

 

I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the account to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. This letter supersedes any previous requests. The information must be furnished by the **DATE**, which gives you TEN days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

a. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to it the account.

b. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

c. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

d. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

e. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

f. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

g. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

h. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

i. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

j. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

3. Any other documents you seek to rely on in court.

4. A copy of your complaints procedure, as required by the Consumer Credit Act 2006.

5. Clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

 

I will require this information within the next TEN days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

Amend to suit

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Hi ODC,

 

Thanks for this, seems a bit scary though. I'll start amending it and get it off to them ASAP.

 

In my previous post I put "Now I'm now expert", it is of course meant to read "Now I'm NO expert" in fact I'm an utter novice!!!

 

Wonder what response this'll get.

 

Cheers,

 

DG

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They have an apologist, who they I'll have a look for some of their posts, sure they'll be hilarious. Just thinking about the letter to send, doesn't it kind of admit to a debt? I've never had any dealings with these idiots outside of correspondance so they can't even accuse me of defaulting payments with them, sorry just a bit concerned I may give them ammuntion.

 

Cheers,

 

DG

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The letter in no way admits anything to the idiots. They are threatening you with Court and you are merely asking them that if they intend doing this that they are legally obliged to send you the information on which they are going to rely on

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