Lowell Financial non compliance of CCA

[Torquemadder]

Hello ,

I have been hounded by Lowell for the last year over an old Capital One debt. In January I sent a CCA request.
They responded by saying that since the debt and account was so old, they were closing the account but that
if documents came to light in the future they would recommence pursuing payment.

Well after 6 months worry free, a large envelope landed on the doormat from Lowell containing statements
going back to 1999 and a demand for payment but no agreement or terms and conditions and nothing with any signature.
I ignored this and have been receiving the usual letters from them 2-3 times a week for the last 2 weeks, culminating in the
latest, threatening legal action.

I would just like clarification on how I should word my next letter to them as they obviously haven't fulfilled
the CCA request.

The debt will time out after 6 years on 13th December this year.

Any help and advice will be greatly appreciated

David

[nemesis45]

Re: Lowell Financial non compliance of CCA

Hi Welcome to LB,

Quite simply no agreement the debt is unenforceable.
Does Lowell describe the documents as " reconstituted" agreement
or a true copy of your agreement in a covering letter?

nem

[Torquemadder]

Re: Lowell Financial non compliance of CCA

Wow, that was quick! lol

Hi, Nem, No, there wasn't even an attempt at a reconstituted agreement or a mention of one . All they sent were the statements

David

[Torquemadder]

Re: Lowell Financial non compliance of CCA

I have started a letter to them but slightly at a loss as to how to finish it and I don't want to screw it up. This is what I have written so far -

Lowell Financial Ltd
Ellington House
9 Savannah Way, Leeds Valley Park West
LEEDS
West Yorkshire
LS10 1AB
17/07/2015

Dear Sir/Madam
Re:- Account/Reference Number *********
I do not acknowledge any debt to your company or its clients.
On 20/01/2015 I wrote to you requesting that you supply me a true copy of the executed credit
agreement for this account (copy enclosed). You have failed to comply with this request

[nemesis45]

Re: Lowell Financial non compliance of CCA

Wow, that was quick! lol

Hi, Nem, No, there wasn't even an attempt at a reconstituted agreement or a mention of one . All they sent were the statements

David

Hello David,

In that case the following may help.

FAO Mr Andrew Bartle,
COO The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
LS10 1AH

Date.................................

Ref: Use Lowell's.

Dear Mr Bartle,

I have received a bundle of documents from ..........................department of Lowell I am rather mystified as to the meaning or intent of supplying these documents which consist entirely of statements of an account.

I am sure however these documents are intended to meet a request for information made under the provision of sections 77-79 of CCA 1974 (as amended) and I am sure the sender is fully aware that the documents provider do not meet the requirements laid down in the act and are of no consequence.

You are reminded also that said documents fail to meet the requirements for a " Reconstituted " agreement and are formally rejected as non compliant.
Please note that the content of this letter is not an admission of any liability to Lowell.

OK David, use signed for post check delivery date.
nem

[Torquemadder]

Re: Lowell Financial non compliance of CCA

Thanks, Nem. Greatly appreciated. That's just what I was looking for. You're a star

David

[Torquemadder]

Re: Lowell Financial non compliance of CCA

For anyone else browsing for enlightenment and for your approval, Nem, this is my finished effort -

Lowell Financial Ltd
Ellington House
9 Savannah Way, Leeds Valley Park West
LEEDS
West Yorkshire
LS10 1AB
17/07/2015

Dear Sir/Madam
Re:- Account/Reference Number **********
On 20/01/2015 I wrote to you requesting that you supply me a true copy of the executed credit
agreement for this account (copy enclosed).
I am rather mystified as to the meaning or intent of the documents that you supplied which consist
entirely of statements of an account. I am sure however that these documents are intended to meet a
request for information made under the provision of sections 77-79 of CCA 1974 (as amended) and I am
sure the sender is fully aware that the documents provided do not meet the requirements laid down in
the act, are of no consequence and are formally rejected as non compliant.
Please note that the content of this letter is not an admission of any liability to Lowell.

I respectfully request a response to this letter in 14 days.

Yours faithfully

[jon1965]

Re: Lowell Financial non compliance of CCA

Why not simply reply to the threat of legal action ( was it marked letter before action or letter of claim?) with that letter to lowells ordinary bods direct . In my opinion you only go direct to the top when you want a result and at this point you really do not want them to comply with your S78 request.
If it was a letter of claim there is a whole different type of letter to be sent as well

[FlamingParrot]

Re: Lowell Financial non compliance of CCA

Hello ,

I have been hounded by Lowell for the last year over an old Capital One debt. In January I sent a CCA request.
They responded by saying that since the debt and account was so old, they were closing the account but that
if documents came to light in the future they would recommence pursuing payment.

Well after 6 months worry free, a large envelope landed on the doormat from Lowell containing statements
going back to 1999 and a demand for payment but no agreement or terms and conditions and nothing with any signature.
I ignored this and have been receiving the usual letters from them 2-3 times a week for the last 2 weeks, culminating in the
latest, threatening legal action.

Would you be able to post up that letter (remove all personal details first)? :typing:

Why not simply reply to the threat of legal action ( was it marked letter before action or letter of claim?) with that letter to lowells ordinary bods direct . In my opinion you only go direct to the top when you want a result and at this point you really do not want them to comply with your S78 request.
If it was a letter of claim there is a whole different type of letter to be sent as well

I fully concur with this. Normally when you send a CCA request and it's not complied with properly, i.e. they send something that's not a properly executed agreement with all the terms, for whatever reason, then you'd just write back saying the account is in dispute as a result of non-compliance with your s.77/78 request and give reasons if appropriate, i.e. it was an illegible copy, just an application form with no terms, just terms and no agreement, etc. as applicable.

This process has worked for a lot of people over the years, myself included. :grin: :grin: :grin:

A letter of claim would usually be sent by solicitors rather than the creditor themselves, with the possible exception of MKDP who use their own in-house legal team. Lowell would get either the lovely Mr Carter or BW Legal to send it, that's why it would be good to be able to see the letter in question. If it's one from one of the above, it's very likely a claim will follow if it's not in the post already.

[Torquemadder]

Re: Lowell Financial non compliance of CCA

Ah it was just a letter saying they were reviewing my account for next steps. - as follows-

Dear Mr *******

Recovering what you owe
As you are yet to contact us to discuss your account, (AS IF!) we are reviewing your account for next steps which could include
legal action if you do not agree to repay.

Legal action would involve passing your account to a third party collection agency who may apply to the County Court for a
Judgement against you (this is known as a CCJ). If they are successful in obtaining a CCJ and you still do not pay, they may then
look to inforce the CCJ. This could involve:

If you are employed, an application being made to the Enforcement of Judgements Office to deduct amounts directly
from your earnings, or

an application being made for a bailiff to visit your home to the obtain payment to the value of the debt (Their grammar, not mine lol)

Any enforcement action taken would depend on the amount you owe and your circumstances.

You can avoid this by calling us on 0333 556 5701 to discuss an affordable repayment plan or visit www.lowell.co.uk to either pay in full (HAHAHA)
or arrange a suitable payment plan online.

If you are struggling with debt, please see overleaf for details of organisations where you can get free, confidential and impartial advice. (yeah, like they care)

Yours sincerely

Andrew Bartle
Chief Operations Officer

- - - Updated - - -

So basically it hasn't got serious yet. I think they know they haven't got a hope and are resorting to previous standard threatening letters in the hope that I'll crack

- - - Updated - - -

and yes, I did sit and type out the entire letter because I couldn't be arsed scanning and editing personal details out of the scan lol

[jon1965]

Re: Lowell Financial non compliance of CCA

To be totally honest I would either leave it be or just write a general non compliance with your cca request letter (without specifics) back to lowells

[FlamingParrot]

Re: Lowell Financial non compliance of CCA

Ah it was just a letter saying they were reviewing my account for next steps. - as follows-

Dear Mr *******

Recovering what you owe
As you are yet to contact us to discuss your account, (AS IF!) we are reviewing your account for next steps which could include
legal action if you do not agree to repay.

Legal action would involve passing your account to a third party collection agency who may apply to the County Court for a
Judgement against you (this is known as a CCJ). If they are successful in obtaining a CCJ and you still do not pay, they may then
look to inforce the CCJ. This could involve:

A big *IF* there! As in "If I was successful in winning the lotto, I may look into buying a yacht..." :lol:

If you are employed, an application being made to the Enforcement of Judgements Office to deduct amounts directly
from your earnings, or

an application being made for a bailiff to visit your home to the obtain payment to the value of the debt (Their grammar, not mine lol)

Any enforcement action taken would depend on the amount you owe and your circumstances.

They all love to list all the possible ways in which they *could* enforce a CCJ if they had one!

You can avoid this by calling us on 0333 556 5701 to discuss an affordable repayment plan or visit www.lowell.co.uk to either pay in full (HAHAHA)
or arrange a suitable payment plan online.

If you are struggling with debt, please see overleaf for details of organisations where you can get free, confidential and impartial advice. (yeah, like they care)

Sounds like a fairly generic threat-o-gram as opposed to a letter of claim. :thumb:

[Torquemadder]

Re: Lowell Financial non compliance of CCA

Isn't that basically what my letter is? Blah, blah, you haven't complied. Jog on :tinysmile_grin_t:

I don't mean to sound flippant. Just paraphrasing. I would like to nail this on the head before it does go further, even if it is unlikely to

[Torquemadder]

Re: Lowell Financial non compliance of CCA

Exactly, FlamingParrot. I know that they have no record of me signing anything because I never did sign anything from Capital One

[FlamingParrot]

Re: Lowell Financial non compliance of CCA

Exactly, FlamingParrot. I know that they have no record of me signing anything because I never did sign anything from Capital One

When did you take out the Cap One card? You mention statements going back to 1999, is that around the time you took out the card?

For accounts started before April 2007, s.127(3) of the CCA prevents a court from enforcing the account unless there was a properly executed agreement containing all the prescribed terms to start with. If you didn't sign such an agreement, then the account would be irredeemably unenforceable as opposed to just temporarily UE whilst they are in default of your s.78 request. :thumb: :thumb: :thumb:

(3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

Sadly this lovely bit of legislation was repealed with effect from April 2007 so it doesn't apply to accounts opened after that time.