LOWELL AGAIN! - Letter Received!

**sleslie86** · 10th February 2014, 18:55:PM

Re: LOWELL AGAIN! - Letter Received!

:bump:

I know you are all very busy helping others, and I appreciate all the help I've had since I've joined. I am very worried, this is a sick company, and I can't believe they will request the full amount on receipt of my CCA's.

**Amethyst** · 10th February 2014, 19:06:PM

Re: LOWELL AGAIN! - Letter Received!

Is this the CCA letter you sent ? (off your other thread)

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that 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

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

**sleslie86** · 10th February 2014, 19:11:PM

Re: LOWELL AGAIN! - Letter Received!

Yes that was the template I sent them - the template kindly posted by FlamingParrot

Thanks

**Amethyst** · 10th February 2014, 19:22:PM

Re: LOWELL AGAIN! - Letter Received!

Okay. It doesn't state that you will stop paying (in the letter) but it could be taken as being it's intention. If you were to continue paying then they have no impetus to locate your credit agreements. I haven't read back all of your threads but I think you wanted the agreements due to a PPI claim and have separately SAR'd Lloyds for the information.

It is up to you, but if you were happy repaying the debt and would rather continue with that without risking court action etc, you could contact Lowells asking why they have stopped calling on the direct debit ? They know that enforcement means through the courts etc so I can't see them stopping taking the money because they believe they have to, I'd expect it's more of a 'oh you want to play it that way do ya' reaction to the CCA letters. Absolutely up to you if you are happier keeping up payments on the debt with Lowell as you had arranged then you need to get in touch and tell them they missed taking your payment this month. If you're happy to have a bit of a fight with them further down the line and see if they can produce the original agreements first then leave things be.

**sleslie86** · 10th February 2014, 19:41:PM

Re: LOWELL AGAIN! - Letter Received!

The agreements were requested for a PPI claim and that was the standard template that was offered to me. I have no problem paying what I had arranged with them previously - it was their decision to not take the direct debit... but as you say, perhaps it was because they saw me as being "difficult" with them and they thought that my intention was not to pay them. I will get in contact with them and state that this was the case. The information was requested as 1. For my records, & 2. For my PPI claim. I am not interested in court action or a fight as I know I will be provided with the information. All I care about is knocking off some of the debt.

Thanks for your help.

**Amethyst** · 10th February 2014, 20:05:PM

Re: LOWELL AGAIN! - Letter Received!

Thought so, and yep it's not down to the letter, it's a bit stronger than the absolute basic one but nothing in it to state you wanted to stop paying, it's just bringing up the enforceability bits can get backs up some. I think if you just let them know why you want the agreements and were suprised to see they hadn't called on the DD you should get the payment arrangement back on track. Shout though if any problems.

**sleslie86** · 10th February 2014, 21:03:PM

Re: LOWELL AGAIN! - Letter Received!

Dear Mr. Bartle,

Since sending this email to me, your team would have received two letters from me requesting credit agreements for this account below, xxxxxxxx, and for account xxxxxxx.

Today I received 2 letters dated 6th February 2014 for both of these accounts stating that you've been in touch with Lloyds Bank about those agreements and that they're trying to retrieve them from their archive. Then these letters state at the bottom, "Once you have seen your credit agreement, we will ask you to pay your outstanding balance in full"

I've just checked my bank account and note that you have stopped collecting my direct debits from my bank account - Why have you stopped taking these payments? In my original letter sent to you, I never stated that I would stop paying what "was agreed/arranged" this was £33.33 per account, per month.

I would like to clear up some misunderstanding that you may have taken from my letters - the letter is a standard letter that I was advised to send to you rather than Lloyds Bank direct.

The reason why I requested the credit agreements was for MY OWN PERSONAL RECORDS and to be used as evidence for PPI CLAIMS that I am putting forward to Lloyds Bank. I have also asked Lloyds Bank for a SUBJECT ACCESS REQUEST to help in my PPI CLAIMS. I sent Lloyds Bank the SAR letter the same day I sent you the credit agreement letters. There is no trickery going on here, and my intentions are perfectly clear.

It was NEVER my intention to stop paying you the money which you have clearly interpreted the letters to mean, and it was you that stopped collecting the direct debits which I NEVER requested you to do.

Then, to stick on the end of a letters stating, "Once you have seen your credit agreement, we will ask you to pay your outstanding balance in full" seems to be your way of retaliation, even though that this was not my intention.

As my intention was to continue paying you, I hereby request that you reinstate the Direct Debits for these accounts and continue taking the agreed payment of £33.33 per account, per month.

I have also received letters regarding review of my payment plan. Since I made arrangements with you back in September 2013, nothing has changed in my financial circumstances. £33.33 per account, for all my accounts is all I can continue to afford per month.

Please accept this email as confirmation that I want to get my payment plan back on track as was agreed. Also accept this as confirmation that nothing has changed in my financial circumstances.

I request all future correspondence and communications be made in writing via email or post, NOT telephone.

Yours sincerely,

**FlamingParrot** · 11th February 2014, 12:18:PM

Re: LOWELL AGAIN! - Letter Received!

The CCA request letter says nothing about stopping payments, it is your lawful right to request a copy of your agreement under sections 77/79 of the Consumer Credit Act. You can even request one for a live account you haven't defaulted on, I know people who have. I'm assuming this is for a loan so I'm quoting s.77 but pretty much the same applies for a credit card under s.78.

77 Duty to give information to debtor under fixed-sum credit agreement.

(1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the total sum paid under the agreement by the debtor;
(b)the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and
(c)the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.
(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.
(3)Subsection (1) does not apply to—
(a)an agreement under which no sum is, or will or may become, payable by the debtor, or
(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.
(4)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement;

Also Lowell don't know whether they will be able to provide you with the agreements or not, since they are not the original lender, it's up to Lloyds to come up with the goods. Therefore their threat that "you should pay in full when you see the agreements" may actually backfire on them, since they may not even be able to send them to you.

Personally, I don't think you need to explain why you requested the CCAs, i.e. for your records, when you could just say it is your LAWFUL RIGHT under the CCA to request them. Also no need to tell them about your SAR to Lloyds or your PPI reclaims. They don't need that information.

Also bear in mind what I said above, that you may never see your agreement, therefore that line may never apply. :thumb:

There is also no law that says that a creditor can relinquish on a repayment agreement on receipt of a CCA request. In fact, a contributing factor in the Santander v Mayhew case was the fact that Di Mayhew was actually making her agreed payments when Santander took her to court: http://paulatwatsonssolicitors.wordp...ander-v-mayhew

In case you are not familiar with the case, this is a case where the creditor took the defendant to court and LOST, and was awarded £50k worth of co$t$ against them! :grin:

Now its worth noting that Di was unaware of the legal implications of the errors made by Santander, so to suggest that she used the CCA 1974 to avoid a debt is wide of the mark. If i was paying my debt and the creditor agreed to accept my payments then sued me, id darn well use whatever legislation to protect me too.

Firstly Di Mayhew told Santander the moment she knew she was going to face financial difficulties and i refer to the Judgment directly Paragraphs 6 & 7

The Defendant ran into financial difficulties and in July 2009 she failed to make the minimum payment due on the card. She informed the Claimant of her problems in February 2010 and it was agreed that she would make payments of £5.44 a month from March 2010.
On 12^th October 2010 the Claimant served a default notice with a final demand being sent on 11^th November 2010. These proceedings were issued on 20^th December 2010.

Now then, Di Mayhew received a Default notice and she ignored it, why? well she received the Default and then a couple of days later she received a letter saying “please ignore the previous correspondence and maintain your payment arrangement” so she did, she just carried on paying. She did not stop paying and tell Santander to get lost, she did not ever intend to avoid paying this debt, what she got was sued by er Santander and put in such a position where she needed to seek legal assistance.

Di Mayhew is a pensioner, she did not go out to avoid paying her debt, in fact this lady said to me when we had been given the judgment “do i still need to keep paying because i feel that i should because i borrowed the money”

**CleverClogs** · 11th February 2014, 18:14:PM

Re: LOWELL AGAIN! - Letter Received!

Originally posted by sleslie86 View Post

I had already set up a payment plan with these debts back in September 2013

Before then, when did you last make any payment towards those debts?

**sleslie86** · 16th February 2014, 10:47:AM

Re: LOWELL AGAIN! - Letter Received!

Hello everyone. Sorry for the late reply and thank you for all your advice!

I've since had a reply from Lowell re the email I sent:

Thank you for taking the time to email us, I apologise for the delay in replying to you. I appreciate your comments regarding the Direct Debit on your accounts but please note that whilst such a request is being processed we are unable to take payments on your accounts. Once you receive the documents that we have requested for you then we will be able to recommence your payment plans on your accounts in line with your affordability. I trust that the above is satisfactory but if you have any further questions please let me know and I will be more than happy to help you.
Kind regards,

Originally posted by CleverClogs View Post

Before then, when did you last make any payment towards those debts?

I actually started paying it off in August 2013 (sorry to split hairs) - but before then, I hadn't made any payment to a DCA when Lloyds defaulted me back in Dec 2009 and sold the debt on. I'd made contact with various DCA's between Dec 2009 with the likes of Westcot, iQor requesting CCA etc.. and Westcot did actually provide some form of CCA wth my credit card, but not the loan - Lloyds wanted me to contact their personal loan department for that info, and I didn't understand why, so I didn't bother. I couldn't understand why they just didn't send the credit agreement for the personal loan? Anyway, I moved house and for almost a year I didn't hear anything, then Lowells letters appeared. My partner encouraged me to sort it out and so I contacted them in Aug 2013 and arranged £99.99 per month for a loan, credit card and overdraft.

Many thanks

**sleslie86** · 16th February 2014, 20:44:PM

Re: LOWELL AGAIN! - Letter Received!

:bump:

**sleslie86** · 17th February 2014, 13:54:PM

Re: LOWELL AGAIN! - Letter Received!

Originally posted by CleverClogs View Post

Before then, when did you last make any payment towards those debts?

Can I ask why you asked please? Were you trying to work out if there was 6 years between my last payment and the payment I made recently in August 2013? Unfortunately I can't use the statute barred law, that ship sailed a long time ago!

Unless there was another reason?

**FlamingParrot** · 17th February 2014, 16:38:PM

Re: LOWELL AGAIN! - Letter Received!

Originally posted by sleslie86 View Post

Can I ask why you asked please? Were you trying to work out if there was 6 years between my last payment and the payment I made recently in August 2013? Unfortunately I can't use the statute barred law, that ship sailed a long time ago!

Unless there was another reason?

If there had been a clear 6 year period, then it would have been SBd, even if you later made payments, once barred, it cannot be un-barred.

**FlamingParrot** · 17th February 2014, 16:42:PM

Re: LOWELL AGAIN! - Letter Received!

Originally posted by sleslie86 View Post

Hello everyone. Sorry for the late reply and thank you for all your advice!

I've since had a reply from Lowell re the email I sent:

Thank you for taking the time to email us, I apologise for the delay in replying to you. I appreciate your comments regarding the Direct Debit on your accounts but please note that whilst such a request is being processed we are unable to take payments on your accounts. Once you receive the documents that we have requested for you then we will be able to recommence your payment plans on your accounts in line with your affordability. I trust that the above is satisfactory but if you have any further questions please let me know and I will be more than happy to help you.
Kind regards,

I actually started paying it off in August 2013 (sorry to split hairs) - but before then, I hadn't made any payment to a DCA when Lloyds defaulted me back in Dec 2009 and sold the debt on. I'd made contact with various DCA's between Dec 2009 with the likes of Westcot, iQor requesting CCA etc.. and Westcot did actually provide some form of CCA wth my credit card, but not the loan - Lloyds wanted me to contact their personal loan department for that info, and I didn't understand why, so I didn't bother. I couldn't understand why they just didn't send the credit agreement for the personal loan? Anyway, I moved house and for almost a year I didn't hear anything, then Lowells letters appeared. My partner encouraged me to sort it out and so I contacted them in Aug 2013 and arranged £99.99 per month for a loan, credit card and overdraft.

OK, sounds like Lowell have back-pedaled and are no longer demanding the full amount as they were before, however, you still haven't got anything in the way of response to your CCA requests, is that right? :noidea: In which case it's really up to you whether you want to keep paying them as usual, :decision: bearing in mind they probably won't have much of an incentive to comply with your request while the status quo is being maintained.

LOWELL AGAIN! - Letter Received!

LOWELL AGAIN! - Letter Received!

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