Lowell & my other halfs Credit Card

[Kafka]

Re: Lowell & my other halfs Credit Card

What happens if they take longer than 14 days to respond to my recorded letter?

Basically it means that they are in breach of their obligations under the CCA. Should they ever take legal action, this would be a very strong point in your defence because non-compliance with the law is taken very seriously.

[Kafka]

Re: Lowell & my other halfs Credit Card

It is allowable for the 196 notice of assignment to come from either party.

It is GT because there is no specification of who has to send it, only how it must be sent. This seems to be an oversight, but then I suppose in 1925 you didn't have the the issues we have today with contempt for justice from banks and DCAs.

I'd be interested to know if the sender of the NoA has ever been raised in court. DCAs go to elaborate lengths to fabricate NoAs on the bank's headed paper and claiming to be from them, so they clearly acknowledge the importance of the correspondence from the OC, even though they seem to be unphased by the fact that they are clearly being produced by them rather than the OC. I have one pair with the same date, same paper, same folds and same skid marks from the printer, so there is no way they could argue that the bank's version wasn't created by themselves. There are also interesting issues about a firm taking legal action to acquire an asset by submitting fabricated documents that they pass of as having come from the legitimate owner on their headed paper. This should class as fraud.

[gravytrain]

Re: Lowell & my other halfs Credit Card

It is GT because there is no specification of who has to send it, only how it must be sent. This seems to be an oversight, but then I suppose in 1925 you didn't have the the issues we have today with contempt for justice from banks and DCAs.

I'd be interested to know if the sender of the NoA has ever been raised in court. DCAs go to elaborate lengths to fabricate NoAs on the bank's headed paper and claiming to be from them, so they clearly acknowledge the importance of the correspondence from the OC, even though they seem to be unphased by the fact that they are clearly being produced by them rather than the OC. I have one pair with the same date, same paper, same folds and same skid marks from the printer, so there is no way they could argue that the bank's version wasn't created by themselves. There are also interesting issues about a firm taking legal action to acquire an asset by submitting fabricated documents that they pass of as having come from the legitimate owner on their headed paper. This should class as fraud.

Yes don't know why they'would bother i seem to remember section 136 just says"expressly sent", given our earlier conversation and with this account being near its statute barr I would be careful of the wording of the cca request, try not to acknowledge the claim, don't say i have received your letter dated xx just that you require a copy of the agreement under sectionxxxx

[labman]

Re: Lowell & my other halfs Credit Card

Yes don't know why they'would bother i seem to remember section 136 just says"expressly sent", given our earlier conversation and with this account being near its statute barr I would be careful of the wording of the cca request, try not to acknowledge the claim, don't say i have received your letter dated xx just that you require a copy of the agreement under sectionxxxx

If you send the one I posted, linked in Post 2 by Flaming Parrot, you should be fine on this score.

[CleverClogs]

Re: Lowell & my other halfs Credit Card

Yes don't know why they'would bother i seem to remember section 136 just says"expressly sent", given our earlier conversation and with this account being near its statute barr I would be careful of the wording of the cca request, try not to acknowledge the claim, don't say i have received your letter dated xx just that you require a copy of the alleged agreement under sectionxxxx

IFYPFY.

[gravytrain]

Re: Lowell & my other halfs Credit Card

IFYPFY.

Hmm not sure about that Cloggy.
If there was no agreement they would not have to send you a copy.

It is tricky stuff this acknowledgment thing, the OFT says that the debt must be acknowledged and the act says the claim, it seems to me that the safest thing to do is not acknowledge the claim.
I have been looking around and there seems to be precious little common law on the subject.
It does seem though that in order for an acknowledgement to reset the SB the debtor would have to make a pretty decisive declaration of liability still better safe than sorry.

[rx7ali]

Re: Lowell & my other halfs Credit Card

Hi Chaps

Letter was sent out by recorded mail on the 1st of feb and we FINALLY recieved a letter back from Lowell's on the 18th March which contains the original credit agreement.

I was starting to think it was all done with but no :-(

So now they have taken WAY longer than the legal 2 weeks, where do we stand?

whats the best course of action?

Thanks in advance
ali

[CleverClogs]

Re: Lowell & my other halfs Credit Card

It may or may not be the original, executed agreement or a photocopy thereof. It is more likely to be a "reconstituted true copy", cobbled together from a number of sources, and may have bits missing.

[Celestine]

Re: Lowell & my other halfs Credit Card

Can you scan and post up the agreement they have sent you please? Carefully blank out your name and address first. Make sure you get as good a copy as you can. They should also have sent you a copy of the relevant T&C's from when you opened the account. If you can post these up, we may be able to help you fend off Lowell correctly and deter them from even thinking of issuing a Stat Demand against you.

[rx7ali]

Re: Lowell & my other halfs Credit Card

Can you scan and post up the agreement they have sent you please? Carefully blank out your name and address first. Make sure you get as good a copy as you can. They should also have sent you a copy of the relevant T&C's from when you opened the account. If you can post these up, we may be able to help you fend off Lowell correctly and deter them from even thinking of issuing a Stat Demand against you.

Hope this is a readable size...

[Celestine]

Re: Lowell & my other halfs Credit Card

Hope this is a readable size...

Nope...not unless I acquire Superpowers!!

Scan it on a scanner please

[rx7ali]

Re: Lowell & my other halfs Credit Card

Nope...not unless I acquire Superpowers!!

Scan it on a scanner please

I can't attach an image big enough (more than 1000x1000 pixels)

[CleverClogs]

Re: Lowell & my other halfs Credit Card

Use IrFanView - link - to resample the scanned image and save as a .jpg

If there is printing on both sides of a page to be scanned, prevent the reverse side showing through by placing a sheet of black paper (or card) directly behind the page to be scanned.

[rx7ali]

Re: Lowell & my other halfs Credit Card

Use IrFanView - link - to resample the scanned image and save as a .jpg

If there is printing on both sides of a page to be scanned, prevent the reverse side showing through by placing a sheet of black paper (or card) directly behind the page to be scanned.

It's already a jpg, but the size limit for uploading on here is 1000x1000 pixels, so event with a re sample the small font is too small to read.

Can I email you a copy?

[FlamingParrot]

Re: Lowell & my other halfs Credit Card

I can't attach an image big enough (more than 1000x1000 pixels)

You could try uploading it to one of the free image hosting services and linking to it to get around this limitation. :nerd: