Lowell solicitors

[nemesis45]

Re: Lowell solicitors

Any correspondence I've received from them I've binned which included the agreement they sent me from capital one. Is it possible kati you could upload the letter I emailed to you please? Nothing else arrived with the solicitors letter either no pack or anything just the Lowell letter :-/

Hi Carlos in post# 1 you mention the statement and an agreement for Capital 1.

nem

[Carlosdecorator]

Re: Lowell solicitors

Yes its what I requested last year. They sent me a statement showing what I had spent and paid off and then an online credit agreement with an electronic signature - basically my name typed out in capitals. I binned this as I didn't want it I was just following advise from someone about getting lowel to stop sending me letters

[Noah]

Re: Lowell solicitors

Carlos
Just a thought and I realise you have probably binned it

Can you recall ever receiving a default notice ?

I am afraid that if they do take court action there may be little you can do to defend it

Are you in a position to make a full and final offer or are your finances so dire that you will struggle to make any repayments?

If they are poor you could write to Lowells with a low offer of payment although right now as already suggested a S78 request is in order .

[Carlosdecorator]

Re: Lowell solicitors

It was only recent that I requested those docs. I've never received a notice of default from anyone although it does show on my credit file. What is s78?
Yes I'm paying a few debts off and I'm self employed but working at a loss at the minute, determined not to give in though!

[nemesis45]

Re: Lowell solicitors

Yes its what I requested last year. They sent me a statement showing what I had spent and paid off and then an online credit agreement with an electronic signature - basically my name typed out in capitals. I binned this as I didn't want it I was just following advise from someone about getting lowel to stop sending me letters

hello Carlos,

That agreement I have no doubt will be relied on in court so you really need make a formal CCA request asap use the template from the forum library.

Use a postal order and write " For Statutory Fee Only" on both sides and copy it and keep for your records.

Use signed for post and check delivery date and signature.

nem

[Carlosdecorator]

Re: Lowell solicitors

Dear Sir/Madam

Re:- Account/Reference Number 1234567890

I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

- - - Updated - - -

Is that it?

[Noah]

Re: Lowell solicitors

Sort of but miss item 3 out. If you look in the court claim section there is a better one.

http://legalbeagles.info/forums/show...y-of-Agreement

The above is better

[nemesis45]

Re: Lowell solicitors

Dear Sir/Madam

Re:- Account/Reference Number 1234567890

I do not acknowledge any debt to your company or its clients. (delete this line if you are not disputing the debt)

With reference to the above agreement, I require you to supply the following documentation before I will correspond with you further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account.

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

4. A copy of any other documents referred to in the agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

I understand a copy of our credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

- - - Updated - - -

Is that it?

Quite simply No Carlos.

A CCA request is for a copy of the agreement and a " Current Statement " of the account only. not an historical statement,

Also the " Deed of Assignment " is the contract between the original creditor and the debt purchaser and is considered a commercially sensitive confidential document.

You would be better to use the forum library template.

nem

[Carlosdecorator]

Re: Lowell solicitors

Ok, that's the one I sent previously to which they sent after the 14 day period an agreement between myself and capital one computer signed and a statement showing what I've paid previously and what I've spent etc. It was like getting a bank statement from the bank. That's all that came I think it was only one page

[nemesis45]

Re: Lowell solicitors

Ok, that's the one I sent previously to which they sent after the 14 day period an agreement between myself and capital one computer signed and a statement showing what I've paid previously and what I've spent etc. It was like getting a bank statement from the bank. That's all that came I think it was only one page

Ok .


Simplify by removing all reference to:

The deed of assignment,
The statement of account should read " signed current statement of the account".

There should be more than 1 page to a Capone agreement.

nem

- - - Updated - - -

Ok, that's the one I sent previously to which they sent after the 14 day period an agreement between myself and capital one computer signed and a statement showing what I've paid previously and what I've spent etc. It was like getting a bank statement from the bank. That's all that came I think it was only one page

Ok .


Simplify by removing all reference to:

The deed of assignment,
The statement of account should read " signed current statement of the account".

There should be more than 1 page to a Capone agreement.

nem

[Carlosdecorator]

Re: Lowell solicitors

Should I request it again?

[nemesis45]

Re: Lowell solicitors

Should I request it again?

I think it might be a good idea, some desk jockeys at the DCA's will either
ignore that version or send a snotty reply.

Only the agreement and the current statement should be requested.

nem

[Carlosdecorator]

Re: Lowell solicitors

Do you have a link to the template? What's my steps after I've requested that info and they've sent it?

[Carlosdecorator]

Re: Lowell solicitors

I've also just subscribed for the year, I know I;m pretty clueless and your helping quite a bit so thought I'd subscribe

[nemesis45]

Re: Lowell solicitors

Do you have a link to the template? What's my steps after I've requested that info and they've sent it?

We need to see just what they come up with as said a Capone agreement is more than 1 page

All you need to do is edit the template you have used, remove the deed of Assignment and the full statement part.
The rest is ok.

nem