lowells! reconstituted agreement|????

[wheels2011]

they have sent me a copy of the terms and conditions and a few copy statements from 2009 but i had the card from 1998:doggieyes:

[nemesis45]

Re: lowells! reconstituted agreement|????

Hello Wheels, welcome to LB,

The details/history of this is more than a little sparse can give us
some details please.
However I can tell you what a " reconstituted " agreement " Must have
to be compliant.

1. Your name and address AS IT WAS when the account was opened.

2. The Creditors name and address when the account was opened.

3. All the T's & C's as at the inception of the account.

4. The T's & C's in force when the account was closed.

5. Any material amendments made during the life of the
account.

6. Any other documents mentioned in the T's & C's.

What type of account is this? Credit Card/Unsecured loan/HP ??

When was this account defaulted?

When was the last payment/written acknowledgment made.

Is this still on your credit files?

nem

[wheels2011]

Re: lowells! reconstituted agreement|????

hiya, sorry... barclaycard that i took out in 1998, have ignored as was a debt my ex hubby left me in, recently i sent them a cca request. originally they wrote back saying they could not find original agreement. now 6 weeks down the line i have had a few statements from 2009/10 and a terms and conditions jargon and a letter explaining that it is now reconsititued and is now paypable immediately

[pt2537]

Re: lowells! reconstituted agreement|????

hiya, sorry... barclaycard that i took out in 1998, have ignored as was a debt my ex hubby left me in, recently i sent them a cca request. originally they wrote back saying they could not find original agreement. now 6 weeks down the line i have had a few statements from 2009/10 and a terms and conditions jargon and a letter explaining that it is now reconsititued and is now paypable immediately

To comply with the requirements of s78 they must give you a true copy of the executed agreement. This must include any and all terms incorperated into the contract such as PPI terms and conditions as an example. There is case law on this point see Kotecha v Phoenix

The problem that lowells have it seems if youre right, then they havent complied with s78 as they need to give you the original agreement or a true copy of it, the terms applicable at the point of the s78 request and a statement as set down in s78(1)(a-c) CCA

Lowells often get it wrong, so dont worry too much

[Nibbler]

Re: lowells! reconstituted agreement|????

So Paul, worth pointing out their errors? Or just sit tight and see how much further they drop themselves in it?

[pt2537]

Re: lowells! reconstituted agreement|????

So Paul, worth pointing out their errors? Or just sit tight and see how much further they drop themselves in it?

Id write to them telling them that youre reporting their conduct to the FCA for breaching the Consumer Credit Handbook, and then id report them.

The more that complain the quicker action will be taken.

Look at HFO Capital, they got nailed cos people complained.

I wouldnt however tell them everything theyve done wrong, as you want them to cock up again so you can report them again and so that any court action they may take could raise questions over their credibility to be able to provide the r ight documents

[Nibbler]

Re: lowells! reconstituted agreement|????

Yes, that sounds a good balance.

[wheels2011]

Re: lowells! reconstituted agreement|????

wow thanks! so do I reply? and if so what do you suggest i write..thanks in advance

[Nibbler]

Re: lowells! reconstituted agreement|????

Start by having a look through relevant sections of http://fshandbook.info/FS/html/FCA/CONC to see what or where they are contravening, and/or trying to mislead you over their obligations and the legal position.

Sure others may help you with wording, but also helps to have read though so you understand the basis of what you are writing.

[nemesis45]

Re: lowells! reconstituted agreement|????

wow thanks! so do I reply? and if so what do you suggest i write..thanks in advance

When writing to Lowell it's best to keep things simple>

Mr Andrew Bartle
COO
The Lowell Group.

Date
Ref: use Lowells

Dear Mr Bartle,

I refer to Lowell's letter dated................... and the enclosed " reconstituted" credit agreement Lowell alleges is a "true" copy of that relating to the alleged debt Lowell is currently pursuing, please note the " reconstituted" agreement does not satisfy the requirement set out in CCA 1974 (as amended) and it is therefore rejected.

I have no doubt Lowell is fully aware of the non compliance of this document as has used it in an attempt to convince me of it's right to pursue the alleged debt.
A report to the FCA informing it of the conduct of Lowell in this is being prepared for immediate dispatch without further reference to Lowell.

Perhaps Lowell should now take a " commercial " view of this matter and close the file.

amend as necessary.

nem

signed for post check delivery

- - - Updated - - -

wow thanks! so do I reply? and if so what do you suggest i write..thanks in advance

When writing to Lowell it's best to keep things simple>

Mr Andrew Bartle
COO
The Lowell Group.

Date
Ref: use Lowells

Dear Mr Bartle,

I refer to Lowell's letter dated................... and the enclosed " reconstituted" credit agreement Lowell alleges is a "true" copy of that relating to the alleged debt Lowell is currently pursuing, please note the " reconstituted" agreement does not satisfy the requirement set out in CCA 1974 (as amended) and it is therefore rejected.

I have no doubt Lowell is fully aware of the non compliance of this document as has used it in an attempt to convince me of it's right to pursue the alleged debt.
A report to the FCA informing it of the conduct of Lowell in this is being prepared for immediate dispatch without further reference to Lowell.

Perhaps Lowell should now take a " commercial " view of this matter and close the file.

amend as necessary.

nem

signed for post check delivery

[Nibbler]

Re: lowells! reconstituted agreement|????

You have a problem with your browser Nem? 2nd or 3rd double post.

[nemesis45]

Re: lowells! reconstituted agreement|????

You have a problem with your browser Nem? 2nd or 3rd double post.

Severe thunder storms, but all other sites seem ok ??

nem