Urgent Please - lowells DCA

RAS

Hi

really glad that you stopped this. One option will be to refuse to answer the security questions and insist that he only communicates in writing in future.

think you may be mixing two things. and do not understand part of you request but, here's what I do understand

So the plan is, to ask him for a CCa that is signed, and also accompany that (if provided) with full paperwork?,

First what is the debt for?

And has there ever been a period when you did not pay for 6 years or more (assuming you are in England and Wales).

TopTrumper

Thank You RAS,
Debt was £2400 to Barclaycard, what was probably about 4 or 5 years ago, they offered to settle for £1500, which at time seemed fair...but as explained in thread, something is just not right, so when they ring tommorow i will say write to me.

RAS

Thanks

In E&W, debts become statute barred 6 years after the last payment or acknowledgement in writing, so that probably does not apply here.

Will find George's CCA links as this debt is covered by the Consumer Credit Act and Lowlife can produce the signed agreement, letter of assignment and T&Cs, they cannot enforce it in court. And it needs to be legible.

Do you have a default on your credit record for this account?

TopTrumper

RAS wrote: »

Thanks

In E&W, debts become statute barred 6 years after the last payment or acknowledgement in writing, so that probably does not apply here.

Will find George's CCA links as this debt is covered by the Consumer Credit Act and Lowlife can produce the signed agreement, letter of assignment and T&Cs, they cannot enforce it in court. And it needs to be legible.

Do you have a default on your credit record for this account?[/quote]

Not sure RAS

RAS

have you got a copy of your credit checks? If not, it would be a good start.

RAS

Hi CCA letter

Dear sirs

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by 20 December 2007, I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.



Yours faithfully

eira

Lowlife sums up Lowell admirably-keep EVERYTHING in writing. They even tapped into my daughters credit account to get at me and rang a phone number they'd got from somewhere and discussed the account with them.they denied this but there was no way they could have got the rental address in any other way.They pressurise endlessly for 'discussions' over the phone and have a pair of alleged 'solicitors' firms which are them in disguise-it's on the Companies House website.They are bullies that are operating inches away from breaking the law.Keep everything in writing and don't budge an inch until they comply.

As for Barclaycard I am still arguing their mess up 10 years after I was scammed on my credit card by a totally crooked company-. I was referred on to 'Mercers' aka Barclaycard in disguise my paperwork has got lost between all the Bcard offices and Mercers-not even the accopunt numbers are the same.

TopTrumper

RAS What a letter, thank you very much, and everybody else big thanks...i went grey this week, cant wait till this nob rings tomoz..

stapeley

The request for a CCA must be done in writing Also request a notice of ASSIGNMENT from BC to prove Lowlife have the legal right to collect the debt . I would not even answer the phone to them ! Let us know how you get on . PS I am sure that BC would not offer such a low "settlement figure" . Its Lowlife attempt to get a large chunk out of you . You would then be hassled for the rest by another company later !

TopTrumper

hello all, again..
well this idiot rang yesterday, and i never bothered answering the security questions..but lo and behold, a letter came to mine today saying they will take the £1500 settlement figure, but payment had to be made by 25th (yesterday) or it will become null and void...

Any advice on what to do next maybe? cheers all