Lowell financial

[bobgas]

I requested a copy of an old credit card agreement that has been sold to Lowell from Rbs. They have sent me a copy of a completely different agreement that I had for a separate card that was not sold to Lowell and is still held by Rbs. I'm not sure how to respond but the agreement is not for the account they bought. Surely this is a breach of data protection by the bank and Lowell. Can Anyone advise me on what to do Next?

[Diana M]

Re: Lowell financial

In some ways this could be good news. Lowell haven't got the agreement for the one they are chasing. Although that doesn't mean they might find it one day.

When was the "old credit card" account opened with RBS?

Di

[bobgas]

Re: Lowell financial

The account was opened around 2000. Maybe the bank don't have it anymore. I think i will reply and let them know they have sent me the wrong agreement . I would have thought the bank would have told them if they didn't have a copy of the agreement instead of sending a different one for a different account

[Diana M]

Re: Lowell financial

The account was opened around 2000. Maybe the bank don't have it anymore. I think i will reply and let them know they have sent me the wrong agreement .

I wouldn't tell them where they've gone wrong in case they then try harder to put it right.

At the moment they are in default of your s.78 CCA Request which should protect you if they attempt to enforce the debt in the county court since the account was opened before April 2007.

I'm assuming you sent a formal s.78 CCA Request together with the £1 statutory fee?

How much is the debt they're chasing?

Di

[bobgas]

Re: Lowell financial

It's approx £4000. I didn't actually send the formal request just a lettet

[nemesis45]

Re: Lowell financial

It's approx £4000. I didn't actually send the formal request just a lettet

It would not be surprising if Lowell knows full well what it has produced is not relevant to the debt they have acquired it would not be the first time this has been tried,

Personally I would write to Andrew Bartle COO of the Lowell group and just state that your CCA request has not been complied with and the document supplied is rejected.

nem

[Guest]

Re: Lowell financial

Hi
Just Di asked you if you had sent a formal S78 request and you confirmed you didn't. To my mind there is no point in talking any more about this particular chain of events. You could, if you want send a formal S78 request along with the £1 fee. The other option is to wait until they contact you again with anything of substance,
When did you last either pay the account or acknowledge it in writing . When was the account defaulted

It seems that RBS recently sold a lot of debts to Lowell , they sold two of mine , I sent CCA requests and have not yet had a response, it was about a month ago that I wrote to them

[bobgas]

Re: Lowell financial

I last paid anything 2 years ago. It defaulted more than 5 years ago. It may be worth waiting for their next move.

[Guest]

Re: Lowell financial

It is up to you

I can see pros and cons for both courses however sending a cca request now may not do any harm, especially if they just send you back a pile of rubbish

[bobgas]

Re: Lowell financial

Thanks for the replies - think I will send a cca request and see if they send the same agreement form. If they do I can then claim they are in default as Di suggested. This may protect me from legal action

[Diana M]

Re: Lowell financial

think I will send a cca request and see if they send the same agreement form. If they do I can then claim they are in default as Di suggested. This may protect me from legal action

The way I look at a situation like this is while you may get immense satisfaction from telling them that they've got it wrong, you may also be shooting yourself in the foot if as a result of you pointing this out to them they then decide to make the extra effort to get it right.

From what you say they've got it wrong. Goody.

Surely you don't want them to comply with your s.78 CCA Request so you can then tell the Judge (let's hope things don't get that far) they've got it wrong so he can't give you a CCJ.

On that basis I'd rather tell a DJ that Lowell are in default of your request than tell their CEO they're in default of your request

Have you got the s.78 Request template to send? Make sure that you send it Royal Mail Recorded Delivery so you've got a Track & Trace receipt.

Whatever comes back won't necessarily prevent them from taking legal action, but it could prevent them from enforcement.

Have your recent letters been coming from Lowell Financial or from Lowell Solicitors?

Di

[bobgas]

Re: Lowell financial

The letters have been from lowell financial

[Guest]

Re: Lowell financial

I know it's difficult and there are times you just want to score points by saying screw you, this and that is wrong. I know in the past, I did that with one particular debt and inadvertently reset the SB clock by acknowledging the debt. Nothing has come of it yet but should they issue a claim it might just come back to haunt me.

As Diana said, if you send the s78 request make sure you print off the proof of delivery and hang on to it...just in case

[MIKE770]

Re: Lowell financial

I know it's difficult and there are times you just want to score points by saying screw you, this and that is wrong. I know in the past, I did that with one particular debt and inadvertently reset the SB clock by acknowledging the debt. Nothing has come of it yet but should they issue a claim it might just come back to haunt me.

As Diana said, if you send the s78 request make sure you print off the proof of delivery and hang on to it...just in case

Print off proof and attach it to your copy letter in file.