Welcome/lowells

[CleverClogs]

Re: Welcome/lowells

She didn't have one, she didn't have anything to share

Not even a few baubles of costume bling?

Who dealt with the undertaker, or told her bank of her demise?

[cowbag]

Re: Welcome/lowells

I did just sent the bank a copy of the death certificate and she only has a wedding ring that my dad has got

[CleverClogs]

Re: Welcome/lowells

Did your parents have a joint bank account?

[cowbag]

Re: Welcome/lowells

I did find a few letters from .ca but just sent them letters saying she had died and that was it really

[cowbag]

Re: Welcome/lowells

Think they had joint bank account

[cowbag]

Re: Welcome/lowells

I need to do a spot of house work and forcefone i would be grateful if you could do a fraud letter for me please
thanks all

[CleverClogs]

Re: Welcome/lowells

Ask your father. It might help to look back through old statements, or to send a Subject Access Request to the bank if the statements are not available. Banks charge too much for old statements, whereas a SAR costs £10.

[cowbag]

Re: Welcome/lowells

Good Morning

I am sending a SAR to Welcome for what they have got, and I am thinking to send a letter to Lowell's telling them there are no prescribed terms, its not my signature and I am sending an SAR to Welcome, don't really even want to mention it to my Dad because he is suffering from depression at the moment and I don't want to risk him getting worse and having to have time of work sick. My Dad is much more important to me than Lowell's and Welcome.

[Streetwise]

Re: Welcome/lowells

Good Morning

I am sending a SAR to Welcome for what they have got, and I am thinking to send a letter to Lowell's telling them there are no prescribed terms, its not my signature and I am sending an SAR to Welcome, don't really even want to mention it to my Dad because he is suffering from depression at the moment and I don't want to risk him getting worse and having to have time of work sick. My Dad is much more important to me than Lowell's and Welcome.

Don't feed lowell's information,if you have to send anything send an account in dispute letter.

[cowbag]

Re: Welcome/lowells

OK, I will do that, I will have a look for it in the library, thanks

[cowbag]

Re: Welcome/lowells

Sorry I can't find the library or a the dispute letter, can someone help please?

[FlamingParrot]

Re: Welcome/lowells

You could send something like this:

Dear Sirs

Account No: xyz

Having recently requested a copy of the alleged original Credit Agreement in line with the Consumer Credit Act 1974 (s.77-s.79), I was surprised to receive what can only be described as a fraudulent document, as the signature that appears on the document you have supplied me with is not my signature at all!

The OFT advises that lenders would be acting unfairly, and potentially in breach of their consumer credit licenses, if they misled borrowers by:

• hiding or disguising the fact that there was never a proper signed agreement in the first place
• providing only a copy of the current terms and conditions, not the original ones

Sending me a document that clearly was not in place at the time of the alleged agreement was entered into, does indeed directly breach OFT Guidance.

The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

The documents I received appear to be missing these required prescribed terms. The prescribed terms, as required by section 60(1) Consumer Credit Act 1974, are not all present and therefore the documents provided do not constitute a ‘true copy’.

So, as you have failed to comply with my lawful request for a true, signed copy of the agreement and other relevant documents mentioned in it, but instead sent a forgery, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counter-claim that any such action constitutes unlawful harassment and pursue legal action for the attempted fraud.

Similarly, in line with recent OFT Guidance surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place.

Yours faithfully,

[FlamingParrot]

Re: Welcome/lowells

Good Morning

I am sending a SAR to Welcome for what they have got, and I am thinking to send a letter to Lowell's telling them there are no prescribed terms, its not my signature and I am sending an SAR to Welcome, don't really even want to mention it to my Dad because he is suffering from depression at the moment and I don't want to risk him getting worse and having to have time of work sick. My Dad is much more important to me than Lowell's and Welcome.

He most certainly is! Lowell and Welcome are at the very bottom of pond life.

You don't need to discuss anything with your dad, nor do you need to inform Lowell of your SAR to Welcome, but you need to tell them that you are aware they've sent you a forged document because that's not your signature, and you are also aware of the fact the prescribed terms are not present. Send the letter by recorded delivery so you can have proof and sign it digitally using a computer font rather than your real signature, to stop any potential copy and paste activity on their part. :thumb:

[cowbag]

Re: Welcome/lowells

Thank you very very much, I will send it today

[CleverClogs]

Re: Welcome/lowells

You could send something like this:

Yes, they could, but it looks confused. It's the standard "missing terms" letter with a bit tacked on at the top.

I'd prefer a shorter and more focussed response, but there is one detail missing - how old was cowbag at the time the loan was taken out?