Lowell's & CCA default

[Ally]

not sure if this thread will be best off here for advice (MOD's ?)

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/33520-1st-credit-littlewoods-woolwich.html#post270608

 

 

Bit Of an old thread here,

 

I have just received a letter from Lowell. Financial acting for their client Lowell Portfolio l Ltd ( the " l " Is a small L) relating to this matter

 

This was in default of a CCA request since 22/11/06 with 1st credit limited

 

Am i right in thinking that it could not be sold or passed on to anyone in default status?

 

Also Lowell Portfolio l Are they a registerd data controller I read on a thread that they are not?

 

Thanks Ally

[Having_A_Knightmare]

Am i right in thinking that it could not be sold or passed on to anyone in default status?

 

Yes this is correct

 

I would write a letter to Lowells telling them the account is in default and ask for a copy of there complaint procedures.

 

HAK

 

Click here for great help:razz:

http://www.consumeractiongroup.c o....hat-youre.html

 

If I have helped please give the scales a press.

[Curlyben]

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Enjoy

[Having_A_Knightmare]

Good letter CB

 

And thanks for the tickle.

[Curlyben]

HAK, you ought to know me by now

No worries on the tickle.

[Ally]

cheers guy's

I might have to wait a couple of day's before acting on this, intresting to see what else they send!!! The comments i have read on them so far seem to say they are a DCA pond life **** of the highest order, which is different to how they look on their own website!!

[babybear39]

Subscribing...

 

Good luck and best wishes,

 

BB