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Hello, could anyone help me please, I emailed lowells on the 21 with the following letter
21 Oct. 13
Dear Sir or Madam
Re Account/Reference Numbers:-
1. Account ref removed - Lloyds £875.16
2. Account ref removed - orange £168.18
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the above accounts, together with any other documentation the Act requires you to provide.
I would like this to be sent by normal post.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.
Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I look forward to hearing from you.
Yours faithfully
Today I received the following through the post:-
Thank you for your recent letter.
We note your comments and advise that you acknowledged the account by making a payment on 29.10.2012 of £15 and therefore, unfortunately the limitation act 1980 Section 5 is not applicable in your case. Please also note that the account was opened on 08.08.2008 and default date is the 21.07.2009 which further confirms the account is not statute barred. Copy statements have been requested from our client and will be forwarded to you upon receipt.
Yours sincerely
It turns out that the supposed payment was made to Wescot I know for a fact I haven't paid them any money, but how do I prove it
I sent lowells a request for copies of the credit agreements in ralation to the above accounts, these are the letters i received from them today
We are in receipt of your recent written request for a copy of your executed credit agreement under section 77(1) and / or 78(1) of the consumer credit act 1974.
Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the Consumer Credit Act 1974. Our client has no obligation to provide a signed agreement under the provisions of the Act.
In the case of mobile contracts, inserting the SIM card and useage of the equipment is taken as acceptance of the terms and conditions of the contract. Telecommunications accounts can be obtained by telephone, over the internet and by mail order and therefore, we are not obliged to provide you with a copy of any such agreement.
The terms and conditions of telecommunications contracts are considered binding upon insertion of the SIM card.
The account relates to an o account with the ref num 7****** for a mobile with the number 07******** which was connected on the 22nd October 2009. We have requested statements from the original creditor which will show you how the balance requested is made up. These will be forwarded to you upon receipt.
Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require your proposals for repayment.
yours sincerely
2nd letter
We refer to your request for a copy of your original credit agreement in accordance with the provisions of the section 77(1) and / or 78(1) of the consumer credit act 1974.
This account from which the above amount is due relates to a bank account that you held with l****. Whilst this account is a regulated agreement i would refer you to Section 74(b) of the Consumer Credit Act 1974, whereby any requirement to supply a copy of the agreement is exempt for current bank accounts.
We have however requested statements from the original creditor which will show how the balance we have requested is made up. These will be forwarded to you upon receipt.
Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require proposals for repayment.
Your sincerely
We write in respect of the above debt, which, as previously notified in writing we have purchased from L. We would advise that the nil balance shown on the statement relates to when L. removed this account from their system in preparation for the sale to us. This does not mean that there has been any payment received against the account or that your liability for payment has been removed.
Please be advised that the outstanding balanance shown on the enclosed documentation does not match that of the outstanding balance above. However L. have forwarded a further statement showing all payment made to Westcot after account closure. These have been deducted from the outstanding balance.
We are now entitled to receive payment of the balance of £875.16 from you and enclose a copy of your statement as requested.
Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice
yours sincerely
james crabtree
customer services manager
There are 20 pages of statements from Lloyds the 1st entry being 13 aug 08 and the last 15 jul 09
also attached to the last page was the following
29/10/2012 25/10/2012 pay 684 payment from westcot -15.00 -40.00
01/10/2012 27/09/2012 pay 684 payment from westcot -25.00 -25.00
22/06/2010 21/06/2010 WRO 461 BAD DEBT ACCOUNT TRANSFER -915.16 0.00
any help would be appreciated
thank you
21 Oct. 13
Dear Sir or Madam
Re Account/Reference Numbers:-
1. Account ref removed - Lloyds £875.16
2. Account ref removed - orange £168.18
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreements relating to the above accounts, together with any other documentation the Act requires you to provide.
I would like this to be sent by normal post.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 (6) will apply.
Your attention is drawn to ss.5 (2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
I look forward to hearing from you.
Yours faithfully
Today I received the following through the post:-
Thank you for your recent letter.
We note your comments and advise that you acknowledged the account by making a payment on 29.10.2012 of £15 and therefore, unfortunately the limitation act 1980 Section 5 is not applicable in your case. Please also note that the account was opened on 08.08.2008 and default date is the 21.07.2009 which further confirms the account is not statute barred. Copy statements have been requested from our client and will be forwarded to you upon receipt.
Yours sincerely
It turns out that the supposed payment was made to Wescot I know for a fact I haven't paid them any money, but how do I prove it
I sent lowells a request for copies of the credit agreements in ralation to the above accounts, these are the letters i received from them today
We are in receipt of your recent written request for a copy of your executed credit agreement under section 77(1) and / or 78(1) of the consumer credit act 1974.
Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the Consumer Credit Act 1974. Our client has no obligation to provide a signed agreement under the provisions of the Act.
In the case of mobile contracts, inserting the SIM card and useage of the equipment is taken as acceptance of the terms and conditions of the contract. Telecommunications accounts can be obtained by telephone, over the internet and by mail order and therefore, we are not obliged to provide you with a copy of any such agreement.
The terms and conditions of telecommunications contracts are considered binding upon insertion of the SIM card.
The account relates to an o account with the ref num 7****** for a mobile with the number 07******** which was connected on the 22nd October 2009. We have requested statements from the original creditor which will show you how the balance requested is made up. These will be forwarded to you upon receipt.
Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require your proposals for repayment.
yours sincerely
2nd letter
We refer to your request for a copy of your original credit agreement in accordance with the provisions of the section 77(1) and / or 78(1) of the consumer credit act 1974.
This account from which the above amount is due relates to a bank account that you held with l****. Whilst this account is a regulated agreement i would refer you to Section 74(b) of the Consumer Credit Act 1974, whereby any requirement to supply a copy of the agreement is exempt for current bank accounts.
We have however requested statements from the original creditor which will show how the balance we have requested is made up. These will be forwarded to you upon receipt.
Please be assured your account has been placed on hold until the requested statements have been received, at which point we will require proposals for repayment.
Your sincerely
We write in respect of the above debt, which, as previously notified in writing we have purchased from L. We would advise that the nil balance shown on the statement relates to when L. removed this account from their system in preparation for the sale to us. This does not mean that there has been any payment received against the account or that your liability for payment has been removed.
Please be advised that the outstanding balanance shown on the enclosed documentation does not match that of the outstanding balance above. However L. have forwarded a further statement showing all payment made to Westcot after account closure. These have been deducted from the outstanding balance.
We are now entitled to receive payment of the balance of £875.16 from you and enclose a copy of your statement as requested.
Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice
yours sincerely
james crabtree
customer services manager
There are 20 pages of statements from Lloyds the 1st entry being 13 aug 08 and the last 15 jul 09
also attached to the last page was the following
29/10/2012 25/10/2012 pay 684 payment from westcot -15.00 -40.00
01/10/2012 27/09/2012 pay 684 payment from westcot -25.00 -25.00
22/06/2010 21/06/2010 WRO 461 BAD DEBT ACCOUNT TRANSFER -915.16 0.00
any help would be appreciated
thank you
Are you saying Lowell are not aware of payments you made to Wescot? Or are you trying to challenge charges, etc. applied to these accounts? :noidea:
and theres no way out of paying lowells?
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