Wescott given up - now Lowells trying.

[gerih]

Sorry if this is a stupid post. Wescott were chasing me for an alleged HSBC debt. They couldn`t provide a CCA and said they were returning the account. Now Lowells are giving it a go. Is the procedure the same?. Request a CCA, don`t get one, Lowells give up and then someone else has a go. Ad Infinitum. Or is there a quicker way to deal with this, once and for all?

Thanks.

[setmefree]

Have you still got the confirmation from Wescott stating that they can't provide your CCA, if so forward a copy of it to Lowell and ask them what do they think they are doing chasing a debt that dont exist..

[reallymadwoman]

Hi,

I would write to Lowells with a copy to HSBC pointing out that the account is quite clearly in dispute and, as Wescott were not able to supply a copy of the agreement and are therefore in default, the agreement cannot be enforced which means

 

They may not demand any payment on the account, nor are you obliged to offer any payment.

They may not add any further interest or charges to the account.

They may not pass the account to any third party.

They may not register any information in respect of the account with any of the credit reference agencies.

They may not issue a default notice related to the account.

 

I think you could also report HSBC for passing a disputed debt on, or just put a comment in their letter to the effect that if you hear from them or anyone else ever again about the alleged debt, you will report them.

[gerih]

Thanks for the replies. Wescot never actually said that they couldn`t find a CCA. They just wrote to say that `Instructions have been received from Metropolitan Collection Services to withdraw the account`. Which, of course, means they couldn`t find one. I will write to HSBC and Lowells tomorrow.

[ODC]

Clownells specialise in buying useless debts for peanuts. These are usually ones that are approaching the Statute Barred date or ones where no CCA exists. They are so full of sh!t. They follow a predictable pattern. after a few threatening letters they will pass you to the wonderful Hamptons iLegal and then on to the equallly ridiculous Red Debt. In the end up they are all useless. Oh yes I forgot to mention the YELLOW POSTCARD which they claim to have called to see you but yet it comes in the post and demand you ring them

[PriorityOne]

Dear Lowells,

 

I do not acknowledge any debt to your company.

 

A request for a copy of my Consumer Credit Agreement (Consumer Credit Act, 1974) was made to Westcott..... on xx/xx/2007. As they have so far failed to comply with my legal request however, the account remains in dispute, is unenforceable and should not have been passed/sold to yourselves.

 

Please be advised that until such times as my request is actioned, no payments will be forthcoming.

 

Yours faithfully/sincerely,

 

 

Send by rec. delivery..... keep the receipt.

[fuzzywuzzy]

Hi gerih

 

There is a Good thread here.

 

http://66.102.9.104/search?q=cache:kCVLdX9TTmIJ:www.consumeractiongroup.co.uk/forum/general-debt/20955-dca-help-please-lowell.html+lowell%27s+dca&hl=en&ct=clnk&cd=1&gl=uk

 

and number 29 is a Lowell employee!!

 

Take a look at the 4th post regarding writing without prejudice at the top of your letter other wise its possible you acknowledge the debit with your reply. may be add it on to the one stating i do not acknowlegde this debit, you can never be to protected ;-)

 

Zooman has many threads on here and a lot of them hold some excellent information, don't let the n/a on the details put you off.

 

good luck

[PriorityOne]

"Without Prejudice" means that you can not produce it in a courtroom.... which is why I always leave it off any of my letters.... just in case I ever end up in one and need to defend myself with a paper trail.

 

If you use the wording "I do not acknowledge any debt to your company"... then you are not acknowledging the debt.

 

Send everything rec. delivery as well, by the way.

 

[fuzzywuzzy]

"Without Prejudice" means that you can not produce it in a courtroom....

Send everything rec. delivery as well, by the way.

 

 

I will have to find the thread on here that reads the paper can be shown if a judge believes it is critical to the case and as the author you agree.

 

If this is the case and the thread is incorrect will it be deleted or edited to stop mistakes.

Thanks

 

[PriorityOne]

I will have to find the thread on here that reads the paper can be shown if a judge believes it is critical to the case and as the author you agree.

 

If this is the case and the thread is incorrect will it be deleted or edited to stop mistakes.

Thanks

 

 

I have read that also.... but as it's down to the Judge to decide whether something is critical or not... I prefer to leave it off anything that I perceive as being critical. It's a personal choice, that's all. The thread is not incorrect.

 

[fuzzywuzzy]

Ok PO see your point, judge could just be moody and refuse.

 

here is the link,

 

Thanks

 

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/51530-without-prejudice.html?highlight=prejudice

 

and post 5 is an interesting one.

[gerih]

I wrote to Lowells asking for a CCA, enclosing a £1 P.O and asking not to be contacted by `phone,3 days ago. Today, I got a call asking for my security details. I refused. He then said "I`m from Global (Ithink?) about your account". I told him that I`d written insisting on everything in writing and suggested that he feck off.

The number he called from was 01133 086000. Is this Lowells? I never heard of Global. Googled the number, but got nothing except that 01133 is a code for Leeds.

[gerih]

I just dialled the number from another `phone. It is Lowells. I must have misheard. So the game begins and the clock is ticking.

[gerih]

My CCA and letter saying that I`m not to be contacted by`phone was delivered on Aug 3rd. They `phoned me today (I was out). If they do again my language will not be too polite. And I will be reporting them. Morons.

[gerih]

Two calls today from Lowells. Both from a girl calling herself Hannah. She claims that these calls are not harassment despite having been informed in writing that they are not to do so. So I`ve sent a recorded letter pinched from Priorityone (ta) asking for their complaints procedure and an explanation of why Lowells feel that these calls are OK.

Clock ticking fast on their non production of a CCA as well.

[janetsflower]

Hi, I have ended up here because i am searching for the template letter to send asking for the CCA - my husband has just had a first letter from Wescott regarding a RBS credit card debt andiwant to get it sorted out. Di find a link in another thread but it doesn't work. Can anyone tell me where the template letter is please? Many thanks

[rory32]

Try here http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html template N for the CCA request.

[ODC]

Two calls today from Lowells. Both from a girl calling herself Hannah. She claims that these calls are not harassment despite having been informed in writing that they are not to do so. So I`ve sent a recorded letter pinched from Priorityone (ta) asking for their complaints procedure and an explanation of why Lowells feel that these calls are OK.

Clock ticking fast on their non production of a CCA as well.

DO you feel harrassed. YES well then it harrassment. IN spite of what Hannah may say. Simple thing is not to answer them but log all their calls. If you mistakenly answer them do NOT reply to any of their security questions and tell them you are recording the call. They will soon get the message. You can then expect them to pass you over to Hamptons iLegal but without a CCA they can do diddly squat:-D

[gerih]

Got a letter from these people today re the CCA. They say that the agreement I entered into is not a regulated consumer credit agreement and is not governed by the terms of Section 78 of the Consumer Credit Act 1974. Whats the best way to proceed please. I have drafted a letter asking for their reasons for saying this, but haven`t posted it yet. At no point have they ever told me what the alleged debt is for ( so I can`t give you any info on that - sorry).

I suppose asking for a copy of whatever they say I did agree to would be a start. I`ll rewrite the letter later.

Thanks.

[ODC]

Tell them that they must provide you with details of the alleged debt and their right to collect it or you will report them for attempting to obtain money by false pretences.Do they think anyon would be daft enough to pay up for somethng which they know nothing about

[gerih]

It would appear that they are that daft. I am not though. I will wait till I calm down before writing. My initial letter might be a tad OTT.

[ODC]

If they say its not regulated by the CCA then its probably a utility bill or mobile phone bill. Then again it is Clownells we are talking about and they could say anything

[NitrousOxide]

When out of time on CCA requests they apparently back date letters as well!!

[gerih]

They say it`s from HSBC . I used to have a credit card with them and a bank account with a `rolling credit` account. Hmm - this goes back to my alcoholic days - and I`m 6 years sober next week. Must be getting close to statute barred. This could change things.

[rory32]

If it's statute barred I think you know what to tell them. Shame about the alcohlism, but glad you're better now. On the plus side probably the date of being and staying sober sticks in your mind so as you've already stated you know more or less when you last paid.