Lowell Financ- Argos Additions Urgent advice needed!

[calshan]

Hi,

my partner has an account with argos additions and has been struggling with repayments. Additions made a repayment plan for her but it was too high, she has another debt with a CCJ which she is paying, on maternity pay with no disposable income.

 

Lowells finance have sent a letter of a threatening nature threatening to send an agent roundn next week re: the account.

 

She can afford perhaps a token repayment of £5 pw but that is her limit. They were wanting £87pm which she can not afford.

 

grateful for any advice

 

C

[silverfox1961]

Hi,

 

Can you answer a few questions re: argos additions.

 

Has she been defaulted?

Has the account been terminated?

Has the account been assigned to Lowell or are they just collecting on behalf of Argos?

Have you asked for a copy of the agreement?

 

You could send the Leeds Losers this to pass on to their non-existent doorstep collector:rolleyes:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

 

Do everything by recorded delivery

 

don't sign anything

 

By the way, You tell them waht you are going to pay, not the other way round and only if they have the legal right to be collecting.

 

fox

[calshan]

hi,

a default letter was sent from shop direct and the account appears to have been passed to Lowells for collection.

They tried a pressure tactic today stating they want a huge amount each month, nearly £100 per month yet my partner only has £5pw spare owing to "priority" debts and reduced monthly income owing to maternity pay.

 

When she took my advice and asked them for a copy of the credit agreement, Lowells stated they can only do this if she pays tyhe debt off over 7 months or earlier.

 

I got in from work and told her they cannot do this.

 

I am sending a letter requesting a copy of the agreement tomorrow, which i doubt they will have. Is it still a CCA request under S77-78 CCA that i send?

 

Any advice appreciated

[mkb]

Yes CCA request is s77/78. Remember to enclose a £1 cheque or postal order. Send recorded delivery & they have 12 working days from its receipt to provide it.

 

Lowells will huff & puff & bluster but your wife is exercising her right to have sight of this document, if it exists.

 

As far as repayment goes, she should pay the amount she can reasonably afford so a disposable income of £5 means the Leeds Losers can't have any more than that - personally, I'd only pay £1.

[calshan]

thanks for this! They seem to get off on bullying wherever they can! My partner isn't the best with her comsumer knowledge however, i love a good battle and have told her that all the hours reading threads on here will help us get back on track thanks to the help and advice we receive!

 

Just glad i found this site when i did before it was too late, actually, i wish i found it years ago!

 

I will get the letters off first thing and tell her to tell them no phone correspondance, only writing!

 

thanks for your advice! will keep this thread updated with progress!

[calshan]

I have noticed that LOWELL have a PO Box as their address which presumably means no-one can sign for the letter i send.

 

Is it worth sending it to the registered office?

[skegleg]

I have noticed that LOWELL have a PO Box as their address which presumably means no-one can sign for the letter i send.

 

Is it worth sending it to the registered office?

 

yes i have always sent them letters to their registered office

so send them there

[calshan]

I am sending the standard CCA request with this little addition at the top:

 

"

Further to the telephone conversation with your company today in which I was advised by a staff member from Lowell Financial that I am unable to obtain a copy of the original credit agreement unless I agree to a 7 month repayment plan, I would like to advise you that my request for the copy of the agreement was legal and Lowell Financial were acting unlawfully in placing conditions should I continue with my request for the copy of the agreement.

I reserve the right to make a formal complaint to the FSA in respect of this information."

Is this the correct wording or should i make ammendments?

[calshan]

bumping for advice!

[silverfox1961]

I am sending the standard CCA request with this little addition at the top:

 

"

Further to the telephone conversation with your company today in which I was advised by a staff member from Lowell Financial that I am unable to obtain a copy of the original credit agreement unless I agree to a 7 month repayment plan, I would like to advise you that my request for the copy of the agreement was legal and Lowell Financial were acting unlawfully in placing conditions should I continue with my request for the copy of the agreement.

 

I reserve the right to make a formal complaint to the FSA in respect of this information."

 

Is this the correct wording or should i make ammendments?

 

I would put this in a separate letter and make it a complaint. You don't want to confuse the poor dears.

 

Although they say that calls are recorded for "security and training purposes", I bet they won't have a copy of that recording

 

If this has taught you anything, it is DON'T TALK TO THEM ON THE PHONE, unless you can record them. They will lie, plain and simple. Everything in writing.

 

fox

[calshan]

thanks for the advice, i will do as you suggest, seperate letter.In respect of payment, what do you advise?

[silverfox1961]

while you are waiting for your agreement, I suggest you carry on paying. If they go beyond the 12+2 days for compliance, you can then legally withhold your payments until they do comply with a valid agreement

[calshan]

Thanks, we will make a token payment as the whole issue is we cannot make the full repayments, then will consider a sar for the extra charges.

Letters sent recorded delivery.

[calshan]

In respect of this, we are currently seeking a variation on another debt which has a ccj - next, expect this one may go the same way, is it worth preparing income expenditure and a financial hardship letter should the come up with the agreement?

[mkb]

Thanks, we will make a token payment as the whole issue is we cannot make the full repayments, then will consider a sar for the extra charges.

Letters sent recorded delivery.

 

 

Calshan - you can't claim charges back if the a/c isn't enforceable & you intend making no further payments. This is classed as undue enrichment or something but you need to do one or the other ie. reclaim charges or dispute the enforceability of the agreement. Only you can decide which is the best way to go.....

 

Re: CCJ variation - is this being done through the court? If so, you will need to provide an I & E for the judge to decide.