Lowell are chasing me for an age old debt too
I sent them this letter after much reading of the forums.
Mr xxxxxxxxxxxxxx,
xx xxxxxxxxx xxxxx,
xxxx xxxx xxxxxxxxx,
xxxxxxxxx,
xxx xxx.
Reference No: xxxxxxxx
08/01/2007
Dear Sir/Madam,
I refer to letters dated 25/12/2006 and 03/01/2007 which were both recieved today in
respect of a very old Capital One account. I am informing you that this account is still in
dispute and that it was indeed Capital One whom breached the agreement, not me. I trust
that you will not further attempt to collect any alleged outstanding amount whilst there is
a dispute still in force.
Consumer Credit Act 1974
I do not acknowledge ANY debt to your company. I require you to supply the
following documentation before I will correspond 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 -
(s.77 (1) for fixed sum credit).
I enclose a cheque to the value of £1 in payment of the statutory fee. This is not to
be applied as any kind of payment to the disputed account.
2. A signed true copy of the deed of assignment of the above referenced agreement
that you allege exists.
3. You are notified that you are obliged to supply these documents, whether you are the
original creditor or not under S189 of the CCA 1974.
Non-compliance with my request is a criminal offence under the above Act and will
result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the
customer is totally unenforceable under the CCA and therefore is a complete defence to
any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Yours sincerely,
Dave xxxxxxxxxx.
Hope that helps.
Dave.