Red/Lowell/Egg

[sorrylittlelot]

Thanks Basa48, my only question is can I still send that letter even though it is the same company?

[sorrylittlelot]

yeah that is all that they sent, i was told that ;-

 

"

 

 

That is the standard Egg Card agreement.

 

It is considered unenforceable due to the wording 'Approved Limit' and 'Individual Limit' instead of the prescribed terms 'Credit Limit'.

Because the agreement you have predates 2006 it is probably not enforceable by the courts."

 

Lowell came back to me on the 17th with a letter stating that they had "been instructed by their clients Lowell Portfolio 1 to act on their behalf in the reclaimng of this debt"

[cerberusalert]

There are non of the prescribed terms within the four corners of the agreement which you signed unless they were on the reverse of the form & even then there is nothing to link them other than the staple mark at the top of the forms.

 

I would be tempted to send the 'in dispute' letter.

[sorrylittlelot]

I sent them a dispute letter a while ago, should I send them the same agin stating what you say about the CCA

[cerberusalert]

The problem is that the prescribed terms are there on the first sheet but there is nothing to link them to the sheet which you have signed other than if they are front and back of the same form, but I have a feeling that they're not.

[sorrylittlelot]

so any ideas for my next move/reply?

[cerberusalert]

Are they still pursuing?

[sorrylittlelot]

not sure as i said the last letter was saying they had just been put in charge of the debt, i just wanna get it sorted and off my file

[cerberusalert]

I'd hang back until they send another begging letter, see what they have to say for themselves.

[sorrylittlelot]

ok will do thanks

[sorrylittlelot]

still waiting to hear back from them, I'm on a real short leash here and I'm getting tired of their crazy rap

[sorrylittlelot]

well I got a letter today saying that despite previous correspondance I have failed to set up a re-payment programme and further rubbish like sent agent round blah blah

 

yet they sent me am unenforceable CCA any ideas as to what I should reply?

[Nottsdave]

pour a long drink with ice and relax, this aint going anywhere

 

Notts

[sorrylittlelot]

yeah I know I just like the argument lol like sending them letters back to irritate them

[bazaar]

How about for a starting line

Dear pathetic loser,

Despite previous correspondence, you have still failed to produce a valid agreement for this alleged account.

[sam614]

send bemused letter.ask them to show it to table 2 and 3 and 4.

that will take care of portfolio2.....hamptons ....and red.

include body drawing pointing out elbow and bum:)

forget the visit,not gonna happen......ever

SAM:pLOWELL DETESTER

[sorrylittlelot]

I wrote today stating that I was bemused and asking if the field agent could bring me my true CCA when they pop round to see me

[sorrylittlelot]

with regards to the bemused letter, can I still send it even though it is the same company?

[ODC]

Yes. They are the ones playing silly beggars by pretending they are different companies.

[sam614]

mark it for the attention of,

lowell financial

portfolio 1&2

hamptons legal

red

all department

all desks

all cretins

SAM:pLOWELL DETESTER

[mr.ton]

Do they have a Lowell portfolio 2 - i thought it was just the 1

[sam614]

Do they have a Lowell portfolio 2 - i thought it was just the 1

 

my recieved crap was portfolio 2

made be a monkey missprint x7:rolleyes:

SAM:pLOWELL DETESTER

[mr.ton]

Portfolio 1 mustnt be doing that well then

[sorrylittlelot]

could somebody please proof read the following letter I intend to send as I had a little difficulty editing it as it is essential one company

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

Account number:

 

Despite previous correspondence, you have still failed to produce a valid agreement for this alleged account.

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Egg/Lowell/Red and has been since January 2009.

I am aware that Lowell/Lowell Portfolio1/2/Red Debt Collection/Hamptons Legal are all tentacles of the one company.[/font]

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.

As Egg/Lowell are now in default of my Consumer Credit Act request, OFT Collection Guidelines, and have also breached *s10 Data Protection Act 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 Egg for resolution of these defaults and breaches.

If Lowell 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

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). ]Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

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.

Edited March 27, 2009 by sorrylittlelot
font issues

[bazaar]

Looks OK, Maybe add to the bottom that further correspondence and wasted time will result in charges.