Cupcake VS Monument d

[cupcake68]

Hi guys

 

OK. The last letter was from Lowells portfolio.

 

Today's letter is from Lowells Financial!!

 

The same old same old, contact us blah blah blah!

 

Do I still sit back and wait?

 

thank you

 

Cupcake

[supasnooper]

Lowells Financial and Lowells Portfolio are two seperate entities but operate under the same roof.

 

There is a post by Banker_Rhymes_With on the forum which explains who owns who, and to whom you should communicate.

 

I'll have a look tomorrow if I remember.

[cupcake68]

Thank you

 

Cupcake

[cupcake68]

Hi Guys

 

I sent a CCA request to Monument in March and didn't hear anything so sent the account in dispute letter in April.

 

Since then I have been putting up with many calls and letters etc. but never received an agreement.

 

I had been passed onto portman house dca so I sent them the bemused letter.

 

I have now received a letter from monument saying they never received my cca request!

 

I have checked on the po website and the letters were both delivered (do they hold this information forever? - how do i prove delivery if not?)

 

I think their problem may be because I sent it to an address on the most recent statement I had at the time which is not the same address as they are quoting on their letterhead now.

 

What should I do now?

 

Is it my problem if they haven't had it sent through to the right department?

 

Thanks

 

Cupcake

[cerberusalert]

Take a screen shot of the PO website. Have you checked to see whether the postal order has been cashed?

[alfwithhair]

if it was recorded delvery you can print out the POD inc the signitory from the royal mail web site, track and trace,

[hungrybear]

as long as it went in a post box or was handed in at the post office then it is deemed delivered and served according to the interpretations act 1978, section 7. It does not matter if it was special delivery or normal second class.

 

This situation is a common messing you around stance. Send them a copy of the cca, quote the interpretations act and tell them it is in 78(6) dispute end of story either put up or shut up.

 

THen write to the new set of idiots and quote dpa and cputr and tell them in dispute with last lot, illegal to pass to 3rd party, I wont write to you again.

 

YOU set the hoops THEY do the jumpimg

simplez

[cupcake68]

Thanks Guys!

 

The po site says it was delivered and gives a date but doesn't let me open the signature bit.

 

Should I be printing or saving(on pc) all proofs of delivery?

 

How long po keep the details on site?

 

If this interpreations act is correct does that not mean they can say they sent a copy of the cca when they didn't?

 

Thanks

 

Cupcake

[hungrybear]

Bring it up on the screen. Press both Ctrl and Print Screen SysRq at the same time. Open word and press ctrl and v at the same time and there you have it in word for posterity.

 

 

Given that they didnt 'get' you request, how can they say they sent you a reply? Anyway, if you put the matter in 78(6) dispute then they will have to provide an enforceable agreement to end the dispute. If they 'claim' they've already done that then they can send it again by reply:p.

[Dotty50]

Hi Cupcake,

 

I feel ready to take on Monument for my CCA, not that I am getting anywhere with my other CCA requests!

 

Please could you tell me what address you sent your original request to, was it the address on the statement of Saffron Road Leicester?

 

Thank you

 

Dotty50

[cupcake68]

Just an update (in case this thread is of interest to anybody!!)

 

The latest letter from Lowells acknowledges my request for a copy of my agreement. "Compucredit are still in the process of retrieving the required paperwork and once this has been forwarded onto us a copy will be posted to you. There will be no further correspondence from us until the agreement has been received at which point we will require payment in full"

 

Tum ti tum!!!

[cupcake68]

Hi Dotty

 

Sorry I have taken so long to reply - I must have over looked this thread!!

 

My original cca request was sent to customer services PO Box 6476, Northampton NN4 1ZN.

 

As printed on the front of my January 2009 statement (this request was sent in March 09).

 

This is the address they say is not theirs!!

 

Since then any correspondence received from them has been 51 Saffron Road, Leicester LE18 4US.

 

Hope that helps.

 

Cupcake

[cupcake68]

Can I ask a quick question?

 

I have complained to the FOS about Monument and they have returned my file along with a form to fill in.

 

I have explained the situation as best I can and have now got onto the "please give us any other details that you think will help us understand your complaint" box........

 

Should I mention that the DN they sent me dated 17 June 09 (received 24 June 09!!) sent 2nd class royal mail, asking for payment by 1 july 09 was not properly executed?

 

Or should I be keeping this information back still?

 

Thanks guys!!

 

Cupcake

[cerberusalert]

Or should I be keeping this information back still?

Keep that to yourself for the time being. Have Monument terminated yet or asked for the full amount of the a/c?

[cupcake68]

Hi CB

 

I received a DN in July 09 that was dated 060709, sent 2nd class received on 100709 stating we had to pay the arrears by 200709.

 

I think that means not enough time to remedy!

 

Then, in August I received a letter telling me my account had been closed. Not because of the way I have operated my account but due to the current economic climate!!!

 

I was then told in December 09 telling me that Barclays trasnferred it's rights to Raphaels, who then transferred their rights to Compucredit and Compucredit were now trasnferring me to JC International.

 

I'm assuming that means account closed?!

 

Cupcake

[cerberusalert]

Yep, defective DN, unlawfully rescinded;

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, a failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

[cupcake68]

Cheers!

 

So I'll keep quiet about DN with FOS for now.

 

Cupcake

[cupcake68]

Hi

 

I have now received another copy of the reply card they say is my agreement. It is what I originally signed but does not have any of the prescribed terms.

 

I am no going to send this letter (as advised by Nurse Elsa on my amex thread- it has kept them quiet for some months now!)

 

Thank you for responding to my formal request under the Consumer Credit Act 1974 for a copy of the compliant executed agreement relating to the above account.

However, unfortunately the document you provided does not satisfy this request, in that it is an reply card and does not contain the prescribed terms and conditions necessary to make it an agreement enforceable by the Courts. I am sure you must be aware, in the current climate, of what the prescribed terms are, but if you are in any doubt I will be pleased to elaborate.

 

Consequently, until a valid executed agreement is supplied, the account remains in dispute and as such further enforcement action cannot be taken.

 

I am fully aware of the recent test case of RBS vs McGuffick, however to pre-empt any attempt at confusion on your part I would point out that this referred to an agreement which was compliant but temporarily unavailable, therefore does not apply in my case.[/

 

With regard to the definition of "enforcement", I would remind you also that you are still required to comply with OFT debt collecting guidelines in order to retain your Consumer Credit Licence.

 

I am anxious to be reasonable in this matter, therefore I am allowing you a further 14 days in which to comply with the requirements of my request and supply a valid agreement

 

We'll see what they come up with.

 

Cupcake

Edited February 21, 2010 by cupcake68

[Dotty50]

Hi Cupcake,

 

Not a problem, I did use the Saffron Road address and they responded very quickly, just deciding what to do next.

 

Like yours, mine was closed last year even though it was always paid on time but have just stopped the direct debit.

 

Will probably ask for details of their payment break plan, which I have been paying and put a claim in for that first as they sent nothing referring to it in the SAR.

[cupcake68]

Just an update!

 

Heard from Lowells.

 

"We thank you for your recent letter and apologise for the delay in replying.

 

Your comments have been noted and we have queried these with Compucredit.

 

We will advise you of their response upon receipt"

 

I wonder how long they will take?

 

Cupcake

[Dotty50]

Hi Cupcake,

 

Just had a read, thanks for putting the link to it for me.

 

There doesn't seem to be many threads for this card so it is good to find someone to follow it with.

 

I only stopped paying this card earlier this year so no DCA's yet but at least I will now be familiar with the ones they use.

 

My next job is to go through the statements they sent and work out PPI, they have offered half of what they say I have paid over the last 6 years but no mention of interest so rejection letter on its way soon.

 

BTW it's called Payment Break Plan, were you paying it? They state that it is not PP but it is, in disguise!

[cupcake68]

Hi Guys

 

I have finally received Lowells response (waiting since March 2010).

 

"After reviewing the account, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without any admission of liability, we are prepared to close the account and write-off any outstanding balance.

 

We trust that you will find this satisfactory and that this mater is now closed."

 

 

Thanks to Undercover Elsas letter!! (will be thanking her personally next).

 

Do I need to do any more?

 

Thanks so much for everybodies support and advice.

 

Cupcake

Edited October 14, 2010 by cupcake68

[Dotty50]

WOW, Cupcake, it's good to hear some positive news on here, wonder if they are preparing anything for me?!

[cupcake68]

Let's hope so Dotty!

 

Cupcake

[frettful38]

Congrats cupcake, looks like your getting the hang of things now.

 

Great result once again!!!!!!!!