Been fighting Lowells for 3 yrs..?

[PMG]

I know its an obvious statement but can anyone help me with the next process in my fight with Lowell's?
I have been asking for my CCA for over 3 years and they have been beating about the bush all this time, I had a capital one card which I fell in arrears with then defaulted. Lowell's bought the debt. I was paying capital one the minimum £1 to keep the account static then I received a demand letter out of the blue from Lowell's for the full amount £1400. This was 3 yrs ago.

On receiving this 3yrs ago I asked for the usual statement of account and CCA and heard nothing. Periodically I received a demand and answered the same way by demanding that the CCA etc be produced. (they never did send anything).

I received a letter 6wks ago demanding payment so again I did the same, this time however there reply said they had contacted capital one and had received a full statement of account and my original CCA and would be in contact shortly after they had received instructions from there solicitors on how to move forward to bring this to a conclusion.
So for years I had been playing the CCA card and now this morning I received the full statement and CCA.

The letter inside is plain and to the point, we are looking for the outstanding balance call this number etc.

Can anyone give me any advise on which way to move forward with this now, now I have received this I feel cornered and have no idea how to reply to this new demand now?

Any advice would be greatly appreciated.

[nemesis45]

Re: Been fighting Lowells for 3 yrs..?

Is this the actual CCA or is it a "reconstituted" one ?
Can you post a suitably redacted copy of the document received please.

[PMG]

Re: Been fighting Lowells for 3 yrs..?

Hi, if you mean is it a photocopy then yes, it has all my previous address signature, nothing has been blurred out.

[FlamingParrot]

Re: Been fighting Lowells for 3 yrs..?

I know its an obvious statement but can anyone help me with the next process in my fight with Lowell's?
I have been asking for my CCA for over 3 years and they have been beating about the bush all this time, I had a capital one card which I fell in arrears with then defaulted. Lowell's bought the debt. I was paying capital one the minimum £1 to keep the account static

Sadly that also means keeping it alive and not allowing it to go statute barred.

So for years I had been playing the CCA card and now this morning I received the full statement and CCA.

The letter inside is plain and to the point, we are looking for the outstanding balance call this number etc.

Can anyone give me any advise on which way to move forward with this now, now I have received this I feel cornered and have no idea how to reply to this new demand now?

We'd need to see what they sent purporting to be he CCA. :typing:

How long ago did you take out the Crap One card

[PMG]

Re: Been fighting Lowells for 3 yrs..?

Hi, I took out the card in 2000, they have sent a copy of what looks like an application form with my signature etc and also 3 pages of Credit agreement CCA. whats the best way for you to see the forms here?

[PMG]

Re: Been fighting Lowells for 3 yrs..?

I have just noticed something that I never have ever done and that's taken out PPI, the box is ticked, my accountant always advised me to never tick it if I was self employed so I never have, someone must have ticked this box because I never did?

[nemesis45]

Re: Been fighting Lowells for 3 yrs..?

Hi, if you mean is it a photocopy then yes, it has all my previous address signature, nothing has been blurred out.

Are all the Ts & Cs present on this document?

[Kati]

Re: Been fighting Lowells for 3 yrs..?

Hi, I took out the card in 2000, they have sent a copy of what looks like an application form with my signature etc and also 3 pages of Credit agreement CCA. whats the best way for you to see the forms here?

If you can scan them and remove your personal details - you can either upload them as attachments straight onto here or upload them to somewhere like dropbox and post a link. Either way would work
K x

[nemesis45]

Re: Been fighting Lowells for 3 yrs..?

This appears to be (without seeing) an attempt at a reconstituted agreement, there are specific requirements for this as laid down in "case law2:

A recon must have:
1. The debtors name and address as at the inception of the agreement.
2. The creditors name and address at inception. ( e.g. if an account has been "taken over" by another company as in Egg/Barclaycard the agreement must be the one for the Egg account)
3. ALL the Ts & Cs at inception and closure of the account.
4. Any Material amendments to the Ts & Cs during the life of the agreement.
5. Any document mentioned in the agreement. (e.g. Often CC accounts have a booklet issued which has more terms & Conditions and is mentioned in the main body of the agreement).
6. A current statement of the account. ( Not an historic one).

If any part of the recon is missing it fails to comply with sect. 77/78 of CCA 1974 as amended.
If the agreement was signed prior to April 2007 the Original Agreement (or a proper copy) is needed to enforce the agreement via a county court claim.


nem.

[PMG]

Re: Been fighting Lowells for 3 yrs..?

Hi guy's sorry I've not made contact for a while, Thank you all for your help. I work in Holland and logging in here isn't something I can do when im working.
I sent a letter to lowells after reading some of your advice, particularly a comment where someone said they had sent a letter to a DCA saying the account was in default with RBS and they hadn't heard anything for over 2 yrs! So seeing this I sent a letter saying exactly this, and that the information they had sent was not the complete documents I had asked for and the account was still in default with them and Capital One.
I got back today to find a letter that says we have received your letter and comments, the documents sent are the full CCA and there are no other documents to forward. We have complied with your request. We now have no other choice than to forward your details to our mobile debt collector who will be calling at your address to discuss settling this account, blah blah blah please ring-----like anyone would!
Now I'm pretty sure that anyone knocking at your door demanding money is a real problem for them rather than who they are trying to talk to. So reading this letter I now want to reply, does anyone have a strong way I can reply to this letter and the best way to finish this correspondence until they come up with the right documents. I did think it would be best to completely ignore them, but in a sick kind of way I actually enjoy this, winding them up! :tinysmile_grin_t:

[nemesis45]

Re: Been fighting Lowells for 3 yrs..?

Hi, Best approach in my opinion is a Formal Complaint to Ms Sara de Tute, Director of Legal and Compliance
The Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds LS10 1AB

Date:

Lowell Reference No.
Formal Notice to Cease All Contact.
Dear Ms de Tute,

I refer you to recent correspondence between myself and Lowell regarding an alleged debt for £xxx.xx which Lowell is attempting to collect, please note I don not acknowledge any debt to Lowell.

Try that PMG use signed for post if poss . or proof of posting if not.

I have pointed out previously that I do not believe the documents provided by Lowell purporting to be an compliant CCA 1974 regulated agreement satisfy my Request made under sections 77/78 of that act either as a "reconstituted" copy of the alleged agreement nor is of sufficient merit to enable enforcement via the English Civil Court system.
I am sure Lowell is fully aware of the reasons why the document supplied has no merit so I will not bother to list them here.

Until Lowell can provide unequivocal proof that I have any liability for the alleged debt no further correspondence will be entered into all contact from Lowell must cease until such valid documentation is provided, further contact from Lowell by Any means will be considered harassment and suitable action Will be taken.
The above also includes any visits by Lowell " mobile " agent to any address of mine or any associated addresses.

[PMG]

Re: Been fighting Lowells for 3 yrs..?

WOW I wasn't expecting that, brilliant, thank you so much, im typing it right now, I will let you know how they reply.

[nemesis45]

Re: Been fighting Lowells for 3 yrs..?

WOW I wasn't expecting that, brilliant, thank you so much, im typing it right now, I will let you know how they reply.

Hi Too many years dealing with the Lowlife, the address even the new on comes straight to mind:doggieyes: . Hope this works for you.

nem.