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Getting nervous re: Lowell


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Hi I have been in correspondance with Lowell financial for a few months asking them for a copy of my husbands credit agreement with cap 1.

 

they have supplied us with a copy of his initial application form and a few months worth of his cap 1 statements. From what I've been reading here I feel quite confident that its unenforceable but the more time goes on the more nervous i'm getting.

 

they seem to send computer generated letters all the time totally ignoring anything we send them and have now sent a notice to commence county court proceedings.

 

it has no apr stated but does say that they will base the apr on a search of hubbys credit file and the same for the credit limit. just to put my mind at ease to me this is not enough and they must state these details- does anyone agree or not?

 

do you think that they are just trying to frighten us or do they really think that it is an enforceable agreement and will take us to court?

 

sorry to be a pain and i've read so much on here to try and help but i suppose i'm trying to get some reassurance :S

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Lowell are really "nice people" that are always willing to listen to their "customers" ......... NOT

 

There's a few choice things I could say about them, but they are guaranteed to get me moderated ;)

 

Here's a nice letter you can send them to ram your point home:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

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 look forward to your reply.

 

Yours faithfully

Edit as needed.

 

Also can you scan and post a copy of the "agreement" they sent ?

Be VERY careful whose advice you listen too

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sounds like fraud to me

Then you obviously are not up to speed with consumer law (no great suprise there). CAG would never advocate that someone avoids their debts or acts unlawfully. However, making a creditor legally substantiate any debt and providing the correct documents to be able to legally enforce it in line with statute is an individuals legal right.

 

As you would appear to work for a DCA it is of no great suprise that you are against this ;)

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Cant understand this trying to get out of paying money back you agreed o and spent , sounds like fraud to me

 

This is not always the case. If a lender hasn't played by the rules their debt may not only be unenforceable and not actually exist from a legal standpoint but they may actually owe money to the borrower. An excellent quote from another website:-

 

Lord Justice Sedley – " the moral for a pawnbroker such as Mr Howard is that if he wants the rewards of his trade he must operate strictly by the book, and that the failure to do so may be not merely to unravel agreements, but to reverse the indebtedness that they have purportedly caused." Penelope Wilson V Howard Pawnbrokers at the London Court of Appeal, Royal Courts of Justice, The Strand. 5th February 2005. Appeal dismissed with costs.

"Why CCJ when you can CCA!"

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Hi thanks for your replies. I have already sent 3 letters to them telling them that an application form was not what i asked for but they're ignoring my letters.

 

when they last phoned we told them that we were'nt willing to discuss it on the phone and that hey had a letter to that effect and others. they then turned around and said they had never received any letters from us even though we have the royal mail signature from their company when they signed for the letters.

 

i will none the less send them another letter and hopefully they will give a proper response this time. not gonna hold my breath :D

 

this is what they've sent us

 

http://aycu27.webshots.com/image/23666/2002911203539909786_rs.jpg

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