Welcome/lowells

[cowbag]

Hi All

I have received letters from Lowells advising they now own a debt from Welcome Finance.

I have sent a CCA request to Lowells and a SAR to Welcome.

Welcome want ID for the SAR

And Lowells CCA details are

It is from November 2004 and the last payment was made in September 2008, the statement has lots of capitalization, fee assessments, an such like.

The figures are

Amount used to settle existing loan 1597.91

Acceptance fee 75.00

Total amount of loan £1672.91

APR is 15% and estimated repayment period is 60 months.

There is no total payable and no interest amount in money - should there be? isn't this information a prescribed term?

Also it is 100% definitely not my signature.

Anyone got any ideas about what I should do now?

Should I continue with the SAR from Welcome?

Because of the lack of interest amount and total payable is the agreement enforceable?

Is there a letter I can send Lowells about the missing prescribed terms?

Also the signature is really not mine and I am very upset about this!!

All help gratefully received and I am sorry for all the questions

[FlamingParrot]

Re: Welcome/lowells

Hi and welcome!

Was this a secured or unsecured loan?

No harm in getting Welcome to comply with your SAR, you need to get all the information to set the record straight.

Can you remove your personal details and post up what Lowell have sent you in response to your CCA request? If you haven't got a scanner you can use a mobile phone or digital camera to take a picture. hoto:

If you were in Scotland, you'd be only a few months away from Statute Barred, however, your profile shows you as being in England, in which case you still have a year and a few months to go. :clock:

Are Lowell actively chasing you for this? :confused2:

[cowbag]

Re: Welcome/lowells

Hiya

Thank you for your reply.

The loan is unsecured and Lowell's and sending me letters weekly, they say I have ten days to reply to the CCA or they are coming to get me, obviously not in those words!!!

I have got a scanner so I can give it a whirl

[cowbag]

Re: Welcome/lowells

I will send Welcome a copy of my Passport and Birth Certificate today as well.

Thank you

[FlamingParrot]

Re: Welcome/lowells

Hiya

Thank you for your reply.

The loan is unsecured and Lowell's and sending me letters weekly, they say I have ten days to reply to the CCA or they are coming to get me, obviously not in those words!!!

I have got a scanner so I can give it a whirl

It was YOU who requested a copy of your agreement under s.77 of the Consumer Credit Act, which is your lawful right. Why should you have 10 days to reply to their response to your request? :confused2: Can you also post up their latest later while you are scanning?

Do bear in mind Lowell are fond of serving Statutory Demands :scared: although Celestine, the site owner, :yo: is very good at beating the Lowlifes :thumb:

[QCKate]

Re: Welcome/lowells

I wouldnt send a copy of either to Welcome. Why not send a copy of something less sensitive - driving licence or utility bill if you have to??

QCK

[cowbag]

Re: Welcome/lowells

Hi

They want me to reply within 10 days to pay them.

And I don't have any utility bills they are in my Hubby's name and my driving license is in my married name and I thought if I sent that they would want copies of my marriage certificate as well.

[cowbag]

Re: Welcome/lowells

Whats a Statutory Demand - sounds scary!!!

[dogtired]

Re: Welcome/lowells

subscribe. And I was told to reply to the request for YOUR ID saying that if they have used the same name and address before with no problems why do they need it now!

[QCKate]

Re: Welcome/lowells

Thats a very good point!!!

QCK

[FlamingParrot]

Re: Welcome/lowells

Whats a Statutory Demand - sounds scary!!!

They are! :scared:

Basically, it's a document in a prescribed form that's issued before starting bankruptcy proceedings to recover a debt, the debtor has the opportunity to have it set aside or make arrangements to repay the debt. See this for reference: https://www.gov.uk/statutory-demands/overview

I don't mean to scare you, I just want to warn you,ray2: because Lowell are very fond of them, and have been dishing them out like confetti! :mad2:

You may want to look at this thread: http://www.legalbeagles.info/forums/...ptcy-by-Lowell

You need to be prepared with all the necessary paperwork at the ready just in case. I realise this may well unsettle you, but you should keep an eye on the post, as they are not always hand-delivered as they are supposed to be.

Should you receive one of them from the lowlifes, I'm sure Cel will be on the case. :yo:

[CleverClogs]

Re: Welcome/lowells

I object to the title of this thread.

Lowells are certainly not welcome.

[FORCEOFONE]

Re: Welcome/lowells

You make an interesting point on prescribed terms. I believe it was Wilson v First County Trust that supports this, or lack of prescribed terms on an agreement.

Please confirm though as i am going from memory

s127 CCA (now repealed) requires there to be a signed 'document' that contains all of the prescribed terms.


For a credit agreement to be enforceable in a court of law it must contain a number of prescribed terms. If any contract is missing any of these prescribed terms then it can be deemed ‘unenforceable’ and the debt cannot legally be collected by the lender.

[cowbag]

Re: Welcome/lowells

Hi Everyone

Thank you for reading, I have attached the documents as requested, Hope I have done it right!!!

What do you think? what should I do?

[FORCEOFONE]

Re: Welcome/lowells

First question

Was the loan a rewrite on an existing loan, did you ask for more cash and they just rolled over the existing balance with the new advance

Or

Is this a new loan paid over a longer period

Or

Is this just the original loan with no changes