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Lovely Lowells shown up, help with CCA Letter?
Merlinexcalibur
Posts: 1,699 Forumite
Okay, it's a while since I had to send one of these to a DCA and I know they've (probably) changed somewhat due to the 30 day time limit having changed. I can't find the newly revised template letter anywhere online but I am sure I have seen one. Lowells showed up today, straight after Watchdog reported on them again this week.
I am certain I CCAd the creditor sometime last September but due to my PC fatally crashing, taking with it all the letters I sent (I still have the recorded delivery slips but can't match them up without the letters and so on) and never heard anything at all from them. So, assumed they never had one. Until today when this letter shows up.
The creditor has NOT instructed me the debt was being sold on as I am led to assume they must before doing so. All the letter says is the debt was stold to us blah de blah whenever date and we are now collecting on it.
So, can anyone help with the CCA letter for this? Not encountered Lowells before so don't know what to expect eg happen. But I think I need to legally ascertain in the first instance whether they can legally collect money from me before entering into any dialogue in that direction. CCCS warned me a while ago, on another debt I have another DCA who never supplied a CCA and admitted so in writing but AFTER (deliberately of course by them!) agreed to a repayment plan per month. But CCCS warned me because they didn't have a legally executed CCA that I could end up paying both DCA AND original creditor as the debt hadn't been properly sold on without the important piece of paper.
Anyone? Before anyone says 'look, he's avoiding debts'. I am NOT. However, I want to ensure I have all the facts and ensure these people are legally entitled to chase a debt and have a CCA. If not, then no dice! It should go back to the creditor. It's in the guidelines on debt collection so I am not doing anything I shouldn't be here. But I am sick to the back teeth with what these companies get up to.
And having no CCA does give me a bargaining position eg if they start getting heavy without one. And also reassures me about any court action. No CCA etc ...
I am certain I CCAd the creditor sometime last September but due to my PC fatally crashing, taking with it all the letters I sent (I still have the recorded delivery slips but can't match them up without the letters and so on) and never heard anything at all from them. So, assumed they never had one. Until today when this letter shows up.
The creditor has NOT instructed me the debt was being sold on as I am led to assume they must before doing so. All the letter says is the debt was stold to us blah de blah whenever date and we are now collecting on it.
So, can anyone help with the CCA letter for this? Not encountered Lowells before so don't know what to expect eg happen. But I think I need to legally ascertain in the first instance whether they can legally collect money from me before entering into any dialogue in that direction. CCCS warned me a while ago, on another debt I have another DCA who never supplied a CCA and admitted so in writing but AFTER (deliberately of course by them!) agreed to a repayment plan per month. But CCCS warned me because they didn't have a legally executed CCA that I could end up paying both DCA AND original creditor as the debt hadn't been properly sold on without the important piece of paper.
Anyone? Before anyone says 'look, he's avoiding debts'. I am NOT. However, I want to ensure I have all the facts and ensure these people are legally entitled to chase a debt and have a CCA. If not, then no dice! It should go back to the creditor. It's in the guidelines on debt collection so I am not doing anything I shouldn't be here. But I am sick to the back teeth with what these companies get up to.
And having no CCA does give me a bargaining position eg if they start getting heavy without one. And also reassures me about any court action. No CCA etc ...
Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
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Nobody rushing, then. Never mind.Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
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sorry merlin, no experience in this field.....only to say lowells appear to be a huge bubbling mass of pus and other such stuff....good luck.........Gettin' There, Wherever There is......
I have a dodgy "i" key, so ignore spelling errors due to "i" issues, ...I blame Apple
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Well, all I wanted was the new template letter for CCA requests. I know they have changed because of reading CAG forum last year. So I want to send the proper one. I am very desperately trying to fight against illness, my sanity in all this crap of debt rubbish and totally on my own with this. To say I have reached the end of the line with things ... already done it.Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
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hang in there spud....I think it may just be unfortunate timing, it being a friday night and all....keep bumping and I'm sure someone wil be able to help over the next few days.........Gettin' There, Wherever There is......
I have a dodgy "i" key, so ignore spelling errors due to "i" issues, ...I blame Apple0 -
I am losing connection all the time but..
The initiaql letter has NOT changed. The rukles about the 30 days limit and the needs for an executed agreement did but onlky for accounts opened after April 2007.If you've have not made a mistake, you've made nothing0 -
Well, I'm trying. I only wish I knew whether it was worth hanging on anymore to anything. There's only my body I suppose that could be donated to pay off my debts. Though, some creditors/DCAs wouldn't bat an eyelid if so. Just one hell of a week being let down by people who say they will support me with my health, only to get kicked in the shins again and messed around.Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
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Thanks for replying. A lot's happened since I saw those posts on CAG, and I know there was some confusion over the letters. Then I lost contact with all of that for various reasons. Might have one I printed off to send months ago. If I can't I'll just find the one online.
Just everyone in every possible direction has really wound me up this week and then some. And as usual DCAs strike when you are at your lowest ebb.Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
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Link for letter on NDl site
Will be up to date.
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_detailsIf you've have not made a mistake, you've made nothing0 -
You may also want to add that you require a copy of the "notice of assignment" as issued by the original creditor.
Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
This is NOT an attack on you, but there are / have been numerous members on here with serious health issues, some living alone yet trying to deal with debts combined with serious health.Merlinexcalibur wrote: »Well, I'm trying. I only wish I knew whether it was worth hanging on anymore to anything. There's only my body I suppose that could be donated to pay off my debts. Though, some creditors/DCAs wouldn't bat an eyelid if so. Just one hell of a week being let down by people who say they will support me with my health, only to get kicked in the shins again and messed around.
These are debts, only YOU have the power to put them in some form of priority, the more you allow creditors/ DCAs to put you under pressure, the more your health will deteriorate
Maybe it's stop to stop feeling like a "Victim"
You'll be surprised how one can turn the world round if you put your mind to it.
And I'll say again, my post is no way meant to be offensive.Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.
All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional0
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