Lowell - CCA Request - Help Please

[nemesis45]

Re: Lowell - CCA Request - Help Please

if you could draft a letter rejecting the agreement that would be great i definately think they will go for a claim next so would rather stop it now if i can

OK Molly,

I will do the letter later and post in the norning.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

brill thank you. much appreciated

[Molly2015]

Re: Lowell - CCA Request - Help Please

Hi Nem, just wondering if you have had a chance to draft that letter for me yet?

[Diana M]

Re: Lowell - CCA Request - Help Please

They have placed my account on hold for 30 days to give me time to review the information which makes me think that there is something wrong with the paperwork or why place the account on hold?

If they've placed your account on hold for 30 days from yesterday there isn't really a sense of urgency to respond to their letter is there? Maybe take your time to form a strategy over a few days when you've heard what others have to say.

My personal (and sometimes unpopular) view is if a creditor has not complied with a statutory CCA request then nothing is gained by writing to tell them what they've got wrong because it only encourages them to remedy the situation.

People have different tactics for dealing with legal situations so feel free to ignore my opinion because it is only an opinion

Di

[Molly2015]

Re: Lowell - CCA Request - Help Please

Hi Di, I was planning on sending the letter back near the end of the 30 days but would rather generate it now while still fresh in my mind and have it ready to send when the time comes.

If it does turn out that they comply I would rather just know sooner rather than later and offer a payment rather than wait for a claim to come through the door (which it most definitely will as Lowell seem to issue a claim against anyone and everyone).

[Diana M]

Re: Lowell - CCA Request - Help Please

i definately think they will go for a claim next so would rather stop it now if i can

Can you clarify whether you've only been dealing with Lowell Portfolio to date and not had any letters from Lowell Solicitors?

Before issuing a claim Lowell (the creditor) would normally 'instruct' Lowell Solicitors to send you a letter warning you of a Letter Before Claim. At that stage you can send a response asking to see what documents they intend to rely on in court such as the DN and NOA etc.

If you've had an offer accepted on the property you wish to purchase, what stage has the financing reached?

Have you already got a Decision in Principle from your mortgage lender because that's when the credit search is likely to be carried out. There may not be another credit search unless the deal drags on for six months.

Di

[Diana M]

Re: Lowell - CCA Request - Help Please

If it does turn out that they comply I would rather just know sooner rather than later and offer a payment).

If the CCA agreement is not compliant I doubt they'll write and tell you that in reply to anything you write to them

How much iis the debt in question? That might help you to make a decision on whether to offer to settle now rather than risk court proceedings.

Di

[Molly2015]

Re: Lowell - CCA Request - Help Please

I think it is just Lowell Portfolio so far but to be honest the first letter was that many months ago now I cannot remember which department it was from. I've had dealings with them before so as soon as I received the letter earlier in the year chasing me I issued a CCA request straight away on the understanding that if they did have paperwork I would just pay. I originally got a letter back saying they were trying to get the paperwork then heard nothing for months until last week. The letter last week was from the customer services team.

Yes I have the decision in principle I was upfront and declared my defaults straight away as I did not want to get rejected further down the line. I know on one hand I shouldn't worry as mortgage provider knows about this but on the other hand I don't want court papers landing on my doorstep half way through the process.

[nemesis45]

Re: Lowell - CCA Request - Help Please

if you could draft a letter rejecting the agreement that would be great i definately think they will go for a claim next so would rather stop it now if i can

For the Personal Attention of:
Andrew Bartle COO
Lowell Group
Ellington House
9 Savannah Way
Leeds Valley Park
Leeds
LS 10 1AH


Date:

Ref: Use the one on Lowell's letter (s).

Re: Alleged Debt arising from and Account with Provident Finance.

Dear Mr Bartle,

I refer you to a letter dated xxxxxx and the attached documents purporting to be the agreement or a reconstituted copy of an agreement relating to the above mentioned alleged debt.

I am unable to reconcile the documents provided with any account I may have had with Provident Finance the blank forms supplied mean nothing I believe and as far as I can tell the terms and conditions are incomplete.

Therefore I reject the documents provided as they do not comply with my request made under the provisions of CCA 1974, nor do they conform to the requirements of a " Reconstituted " agreement.

I suggest that Lowell now closes it's file on this matter.

Should Lowell decide to take this matter forward any further action will be robustly defended.

enclosed : Copies of all documents.

Yours sincerely

etc.

Sorry I thought I'd already sent this Molly.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

It is just over a £1k. I was hoping to fend them off for a little while then make a lower offer if it did turn out to be compliant once my mortgage is all sorted. Hopefully they will go away with Nem's help but in the event that they don't I will make them an offer :-)


I've successfully defended a court claim against them before but they could not produce any paperwork at all for that one.

- - - Updated - - -

Thank you so much Nem it is much appreciated. I will keep this until nearer the 30 days then send. Hopefully they will go away but I will keep you updated.

[nemesis45]

Re: Lowell - CCA Request - Help Please

It is just over a £1k. I was hoping to fend them off for a little while then make a lower offer if it did turn out to be compliant once my mortgage is all sorted. Hopefully they will go away with Nem's help but in the event that they don't I will make them an offer :-)


I've successfully defended a court claim against them before but they could not produce any paperwork at all for that one.

- - - Updated - - -

Thank you so much Nem it is much appreciated. I will keep this until nearer the 30 days then send. Hopefully they will go away but I will keep you updated.

Hello Molly,

I keep looking over those documents I cannot see how they tie together as one complete agreement or even a reconstituted agreement.

I believe it's worth the attempt t put them off.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

I agree it is definitely worth a try Nem :-)

[nemesis45]

Re: Lowell - CCA Request - Help Please

I agree it is definitely worth a try Nem :-)

Nothing Ventured Nothing Gained Molly.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

Hi Nem,

Just a quick update on this one. I received a letter from Lowell stating they had met the CCA requirements as provident had provided the requested information and looked forward to hearing from me within the 30 days.

A week later before I got a chance to send the letter you drafted for me I received another Lowell letter from the same member of staff stating that provident hadn't provided the information and therefore they would not pursue the debt until they receive the documents.

Not sure if this is an error on their behalf or if they realised the documents that were sent do not meet the requirement of my CCA request but either way it seems like a good result for now and looks as though I won't have to deal with them for a while at least. Hopefully they will go away altogether.

Thanks again for your help.

[nemesis45]

Re: Lowell - CCA Request - Help Please

Hallo Molly,

Sounds like the usual Lowell Solicitors mess up.

A sorry bunch of badly trained/untrained losers.

If they write again come back and we'll gibe em a roasting.

nem