lowells and CCA return on Halifax Credit card check please

[mazzamark]

Hello,

 

I'm looking for a little help if possible. I currently live out of the UK and have Lowell on my case, I contacted them actually as was in a payment plan and stopped it for a few years as was moving etc. Since I contacted them they have been horrific, wished I had just stayed quiet to be honest and I have paid more than my due as interest has been added over the years. I'm now in the mood to challenge. I have asked for proof and this is what they sent.

 

Would anyone in the know look over this credit agreement if possible, I see a signature is missing but anything else and would you think it is enforceable?

 

Many thanks in advance for any help with this.

Edited June 1, 2016 by mazzamark

[fletch70]

Hi

Are the uploads in response to a cca request , I can see nothing on there that links your application to the terms and conditions.

If you sent a cca request you should have had

a copy , or reconstituted version of the agreement that you signed (no signature necessary) including all the terms and conditions

a copy of the terms and conditions at default

a signed statement of account i.e a balance currently owing

 

If you have not sent a cca request , get one off. If this is their response to it I would write saying that this does not fulfil their obligations under S78

 

If they were to try and go to court, providing you can put a decent argument together as to why you did not sign such a document they will be unable to enforce

for example, yes I signed the application form but there were no terms and conditions .

 

I'm sorry but I can not read the documents well enough to be sure of anything.

 

Please tell me that this is a copy that you scribbled out on and not what was sent to you

[unclebulgaria67]

Did you sign and send this back originally ? I would have thought that you did so, because they would not have issued the card to you. Have Lowells removed your signature before sending you a copy of the document ? I seem to remember in other cases, that they do this.

 

Because you are not in the UK, they can't issue a UK court claim anyway. If you are living within the EU, there is a process for using a court in the country where you live, but i doubt it would ever happen.

 

If you are planning on coming back to the UK within 6 years of your last payment, you might decide to pay off this debt, after coming to some arrangement.

 

Do you know how much you have paid and what interest has been added ? Have they sent you statements ?

[AndyOrch]

That's just a conformation of the agreement...not the actual agreement with the prescribed terms.

 

Andy

[mazzamark]

WOW! Fast replies, many thanks.

 

I have no intention of returning to the UK but I really dont want to just disappear which is why I initially contacted them. Once they started calling my parents my blood started to boil. I just started disputing the debt and asked for information, I live in the EU but out of the UK, sorry not being too specific just yet. I cant easily get postal orders sent out and dont have a cheque book for the CCA but might have to try. Their reply was below. To be honest I cant remember signing it as was so long ago. I scrubbed off my signature and other personal info but as far as I'm aware this is all they have. Lots of interest and charges and I have paid lots towards it, they sent me a statement too.

 

Good afternoon,

 

Thank you for your email.

 

Detailed below is the former Lloyds account we hold.

 

Reference – Lloyds Banking Group PLC (Halifax credit Card) – Balance £4k ish!

 

 

Please find attached to this email the agreement and a statement for the account which you had requested. Please let me know how you wish to proceed with this matter after reviewing this information.

 

I have suspended collections on the account for 14 days pending your response, after this time collections shall resume.

 

I look forward to your response.

 

Kind regards

[Bazooka Boo]

Seriously, if you're not returning to the UK, forget it, especially lowlifes, you should NEVER pay a powerless DCA and certainly not these, as all it does is give them profit, to harass others.

 

Ignore them, there is nothing they can do.

 

Ask yourself why Lowlifes have bought this and more to the point, WHY did Lloyds flog it off?

 

I bet it's full of reclaimable fees and charges, plus interest on top of those, have you ever reclaimed any of them?

[mazzamark]

Thanks for your reply. They would have got more money out of me too but the way they were torturing my parents really was horrendous. I'm not sure why I'm bothered but what would the situation be if they managed to get in a sneaky CCJ? Yes its full of charges etc but didnt realise I could have reclaimed, I keep getting letters from Halifax re PPI but I thought it could be a trap so never bothered.

[Bazooka Boo]

If they are harassingyour parents then tell them to stick the letters back in the postbox unopened with ''RTS not known at this address'' on the envelope, after a while they'll mark you as a gone away.

 

Tell your parents that there is NOTHING that a DCA can ever do, they are NOT bailiffs, nor will they ever be, they're simply tin pot powerless bullies.

 

If you want to reclaim the PPI on the shallowfax account, then reply to their letter, it's better in your account, or your parents than theirs!

[dx100uk]

bogroll !!

 

 

not coming back then go wind them up.

stuff you lowlife fleecers come get me.

 

 

obviously they are after funding the staff annual holiday by trying to spoof mugs into paying.

[mazzamark]

Many thanks for your replies. Brilliant news, you have brightened up my day. Thank you!