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Lowells --- 30 days have lapsed


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The story so far ...

 

Have been asking Lowells for a copy of my credit agreement, 1st letter 30th March followed by 'reminder' on 16tn April and your extra 30 days are up letter on 18th May. Also in this last letter was a paragraph stating the 8 weeks to respond to my complaint would expire on 26th May and if they did not do so I would be contacting the financial ombudsman.

 

The only response I have had is that they have asked capital one to find my agreement and they will be in touch.

 

How to I leave this now? My understanding is they have failed to comply but may at any point come up with an agreement. In the meantime do I complain to the FO and just leave the file in my drawer until they come back with something?

 

I was given a draft by someone who said he used it as a follow up and found it effective, in that he received a letter stating they would not be persuing the account at this time:

"You have failed to supply me with certain documented information re the above account within the statutory time limit as layed down in the Consumer Credit Act 1974 of 30 days which states that you have committed a criminal offence i.e. S77 of the Act.

 

Please note it is my intent to issue you with a final statutory written request giving you a further 7 days from the date of this letter to respond to my original request on the XXXXX. Failure to comply to this request is not only in breach of section 77 of the CCA 1974 but would be followed by a winding up petition forcing you the creditor to stop trading."

 

So is it sit and leave or be pro active?

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It is no longer a criminal offence and the 30 day time limit no longer exists (I think it was repealed in 2006). They now have only 12+2 days to supply a CCA before the account goes into dispute.

 

I would just sit back for now and play the waiting game. They are in default of your request by a long margin. You can stop paying them in the meantime until (and thats IF) they come up with a valid CCA.

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Thanks for your response clemma, much appreciated.

 

I was unaware that the "criminal offence and the 30 day time limit no longer exists " so its a straight forward 12 + 2 days, then we are in dispute awaiting an agreement from them. Failure to provide means the account is unenforceable and the ball is in their court.

 

greatburdon

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So do you just have to sit and wait and hoope they dont find the cca

Is there nothing we can do to amke them write the debt off, can we not make them repair your credit file (no proof of debt so they shouldn't be able to put adverse reports on your credit file, should they!!!) .

 

Whats the next step

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Many of us have tried to get them to do this, but they have their answers, ie the debt still exists and so it is correct that it should be reported on, although it is unenforceable through a court, they play on your sense of fair play and say that you have a moral obligation to pay.

 

Several people have, or are in the process of taking various DCAs to Court to try and get them to stop reporting.

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Heres the letter to send putting the matter in dispute, they actually managed to get hold of mine from Cap1 in the end , but its still unenforceable

 

 

Lowell Financial Ltd

P.O. Box 172

Leeds

LS11 9WS

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

 

Dear Sir/Madam

 

Your ref xxxxxxxxxxxxxxxx

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the DATE I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On the DATE a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the DATE I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(4) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 21 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I will be reporting your actions to any such regulatory authorities as I see fit.

 

Yours Sincerely

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Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Thank you for your replies.

 

I did receive a communication in response to my 30 day letter from Lowells on 25th April 2009 which said:

 

"a creditor has an initial twelve days to provide the information requested. After this period we have a further thirty days to provide this documentation giving a total of forty two days to provide the agreement before the debt becomes unenforceable."

 

Obviously they are unaware that the thirty day period has been repealed.:rolleyes:

 

So just for clarity (in my own mind and for other battles) they have 12 + 2 to respond failure to do so means dispute (send letter as per CCM's post #6). The only way then that the account can be enforced is if an executable agreement turns up?

 

Thanks again

greatburdon

Edited by greatburdon
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Thank you for your replies.

 

I did receive a communication in response to my 30 day letter from Lowells on 25th April 2009 which said:

 

"a creditor has an initial twelve days to provide the information requested. After this period we have a further thirty days to provide this documentation giving a total of forty two days to provide the agreement before the debt becomes unenforceable."

 

Obviously they are unaware that the thirty day period has been repealed.:rolleyes:

 

So just for clarity (in my own mind and for other battles) they have 12 + 2 to respond failure to do so means dispute (send letter as per CCM's post #6). The only way then that the account can be enforced is if an executable agreement turns up?

 

Thanks again

greatburdon

 

Yes i had that letter from the delightful samantha swallow as well, they are unaware of a lot of things, they're not the brightest bunch;)

 

On your last point, yes thats all correct, but probably wont stop them trying i suspect

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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