Please help lowell

[femmym]

i have received a letter off lowell, saying they now have a copy of my credit agreement,
and the my original credit agreement i entered with them ,which they confirm i would have signed granting credit to me i don't remember signing no credit agreement ? under section 77/78 of the consumer credit act of 1974, we are not obliged to send you an exact copy of your signed agreement .
we are permitted by those sections of the consumer credit act 1974 to provide you with a reconstituted copy of the version you would have signed .
but we would also confirm the following information as required by the above act balance payable against your account
as we have now fully satisfied our obligations required following your request under section 77/78 of the consumer credit act 1974, we look forward to receiving your proposals for settlement of the account within the next seven days once you have had the opportunity of considering your position . please not that in the absence of your reasonable proposals being received within the time stated above we shall have no alternative than to continue with our collections activity to recover the debt due .
it doe sent have my signature on it .

[labman]

Re: Please help lowell

They may not reply, but at least you have evidence you asked.

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

[femmym]

Re: Please help lowell

thankyou labman i will send them that letter
femmym recorded delivery aswell to make sure they get it thankyou for your help

[femmym]

Re: Please help lowell

They may not reply, but at least you have evidence you asked.

Dear Sir/Madam,

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

hi labman,
i sent them this letter,
and this was what they sent me
dear .....
we thankyou for your recent letter , you comments have benn noted but we would advise you that The lowell group of the companies at the point of purchase are assigned all the rights and benefits associated with the account but we do not hold the copies of the agreements within our offices.
we have sent you the requested information to comply wi your requestfor information made under section 77 and/or section 78 of the consumer credit act 1974.
we note that you continue to dispute this accout on the basis that we have failed to supply you with a copy of the signed original credit ageement .
the consumer credit act says that in response to any request made under the section 77/78 for information , in the case of a debt that is claimed to be payable at a date of request lowell as the creditor should supply a copy of the executed agrement (if any ) upon payment of curently prescribed fee of £1.00 . in addition a statement showing signed by lowell showing the debt due if this practical in the circumstances .
the documents required to be supplied have been the subject of a lengthy legal test case of carey v HSBC Bank PLC [ 2009 ] were it was held by the high court that to comply with a a section 77/78 request
1 the original signed agreement need not to be suplied as a reconstituted copy of the agreement is sufficient provided it contains the name address of the person as it was when the credit agreement was signed and

2 if the terms and conditions of the credit agreement have been varied following the date if entered into the a copy of the last varied terms should also be supplied.
in ther summary the information that we have sent to you in response to your section 77/78 request complies with all legal requirements and regulaory guidance and we are not aware of any other query you have against this account .
we would now request that you contact us now on blaaa blaaa baaaa ....
to set up a payment plan to repay the debt that suits your financial circumstances and that you can resonably afford.
if we do not hear from you within the next ten days then we shall have no real alternative than to take further action to recover the debt due to that may include the commencement of legal action which may increase the debt payable by you with the addition of legal fees and interest .

we would wish to advoid having to take further action against you to recover payment and look forward to hearing from you .

[CleverClogs]

Re: Please help lowell

Help Lowells?

The only help I would willingly give Lowells is to say that they should do the world a favour and shoot themselves.

It is quite possible that their alleged "reconstitution" of the agreement may have omitted one or more of the terms prescribed by law - their woolly, imprecise reply suggests as much - and, until such time as they did fully comply with the s77/78 request, the agreement would remain unenforceable.

[femmym]

Re: Please help lowell

Help Lowells?

The only help I would willingly give Lowells is to say that they should do the world a favour and shoot themselves.

It is quite possible that their alleged "reconstitution" of the agreement may have omitted one or more of the terms prescribed by law - their woolly, imprecise reply suggests as much - and, until such time as they did fully comply with the s77/78 request, the agreement would remain unenforceable.

so what is my next step should i leave it and see what they do next ? or is there another letter i could send these low life .

[winner12]

Re: Please help lowell

so what is my next step should i leave it and see what they do next ? or is there another letter i could send these low life .

Hi they sent me loads of similar letters but I did have a letter from the OC saying they could not find my original CCA so I posted a copy to lowel
This was after Lowells said they had sent the original
Not heard from them since
They will try every trick in the book

[Captain Haddock]

Re: Please help lowell

They will eventually HAVE to produce a signed copy, if they ever decide to pursue the debt, if it exists at all! Do not agree to anything with them. The important things is to keep control of the situation yourself and do NOT speak to them on the phone!

Does the paperwork they sent you link you to the account in any way? If so, how old is the agreement?

[femmym]

Re: Please help lowell

They will eventually HAVE to produce a signed copy, if they ever decide to pursue the debt, if it exists at all! Do not agree to anything with them. The important things is to keep control of the situation yourself and do NOT speak to them on the phone!

Does the paperwork they sent you link you to the account in any way? If so, how old is the agreement?

ive not agreed anything or spoke to them , it does link to the account and its from December 2007,
but there is no signature on the reconstituted copy also i dont remember signing nothing .

[tigereye]

Re: Please help lowell

Hi femmyn,

do you have an update on this post? Just to let you know Lowell are pure scammers. Do not agree on repaying anything, just keep writing letters to them...
a month ago I started athread re. my correspondence with them: they sent me a different agreement from the one I was sent two years ago from the original creditor, so it looks like they are having fun making up documents...(check thread "is my Halifax agreement proprely executed?")
best wishes

[bluebottle]

Re: Please help lowell

Hi Femmym,

I'm attaching copies of the Fraud Act 2006 and Protection from Harassment Act 1997 just in case Lowells decide decide to be silly, which, in their case, isn't that hard for them. If Lowells do decide to be silly, I'll show you how to use these two pieces of legislation to your advantage.

[cantosis]

Re: Please help lowell

I have the same issue with Lowell, they were unable to supply a copy of the signed agreement and instead sent the reconstituted version, I just ignored future letters but now they have sent the debt to a company called hamptons Legal. I am just about to send the letter mentioned above from Labman and see what happens but I guess they will just kkeep sending letters saying they do not have to produce the original signed agreement

[bluebottle]

Re: Please help lowell

Although the CCA and some case law allow reconstituted documents, Lowells "form" tends to indicate documents tendered by them, purporting to be legitimate documents, are little more than forgeries. ANY DCA employee who makes or uses a document which is a forgery and uses it in an attempt to obtain money is going to be in very serious trouble indeed and so could the DCA and its management. The Counterfeiting and Forgery Act 1981 and Fraud Act 2006 are the two pieces of legislation that come to mind.

[ODC]

Re: Please help lowell

Hamptons Legal are just another Lowells company. They produce the same drivel on different paper

[CleverClogs]

Re: Please help lowell

Hamptons Legal are just another Lowells company. They produce the same drivel on different paper

Moreover, "Hamptons" is rhyming slang - link - which may provide some insight into the quality of their staff. msl: