Fermi Help please

AMBERSHADOW

See here Fermi My last lot from them well they have now passed to Lowell's

And they said I need to contact them for payment as the CCA they sent was a cca

I did upload mine that was sent and you kindly said no it wasnt and posted what I should have got.


Now I really am stuck here as what to write to them now.

They have gone through their complaints things ad said its all legal LOL

I know it's not from the picture of your's But I really don't know what to write next

Please help

meluca

Fill in the ***** and send this letter to Lowells

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: *******

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **(OC)** and has been since ******. I requested my original credit agreement on **** and **OC**have failed to supply it to me.
Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

As **OC** are now in default of my Consumer Credit Act request and OFT Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

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

Now I would respectfully suggest that this account is returned to **OC** for resolution of these defaults and breaches, as **DCA** cannot lawfully pursue any enforcement activities.

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully

PRINT NAME

AMBERSHADOW

Thank you But what is OC please

meluca

Original Creditor

fermi

I'm losing track a bit here.

Who sent you the CCA in the post below in reply to your request?

http://forums.moneysavingexpert.com/showpost.html?p=17138635&postcount=25

Was that Lowells, or has it been passed to them since?

fermi

If it is Lowells that you CCA'd and they are still insisting that their so called agreement is valid, then the letter below may be better.

Re: my request under the Consumer Credit Act 1974

Thank you for your recent letter sent to me dated <date>, the contents of which are noted.

However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th <date>.

My request remains outstanding. The document supplied does not constitute a true copy of a credit agreement and that which you sent does not even contain all the prescribed terms and is not 'properly executed'.

An agreement must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed.

These regulations are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). The regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI 1983/1553. Without the prescribed terms the agreement does not conform to section 60(1) Consumer Credit Act 1974 and therefore cannot be properly executed as described in section 61(1).

For your information in case you are unsure, the prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: -

• A term stating the credit limit or the manner in which it will be determined or that there is no credit limit.

• A term stating the rate of any interest on the credit to be provided under the agreement and:

• A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following:-

(a) Number of repayments;
(b) Amount of repayments;
(c) Frequency and timing of repayments;
(d) Dates of repayments;
(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

Now, nowhere on the alleged agreement that you supplied is there any reference to the final two items above.

I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect.

Therefore, you have failed to supply an enforceable and properly executed document and therefore remain in default of my legal request under the Consumer Credit Act 1974.

As you are no doubt aware section 78(6) states:

If the creditor fails to comply with Subsection (1)

(6) If the creditor under an agreement 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.

You have failed to comply with a lawful request for a true copy of the said executed agreement.

I am also of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS and with be VIGOROUSLY defended, putting you to a STRICT PROOF of your claim and COMPLIANCE with the law.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading.

Therefore you have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Should you not have any signed and properly executed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

AMBERSHADOW

Thanks Fermi

It was red and lowells are the same people they are chasing the same debt I sent the CCa to both now and lowells have come back with what i posted firstlY bUT YOU put your CCA up and it was nothing like that so I will send this one now thank you very much

AMBERSHADOW

I have had this reply to a letter similar


I quote





ref 888888888


Further to my letter dated 30th jan 09, I have now fully investigated your complaint.
Your comments regarding this copy of cca which have been supplied to you have been noted, Having reveiwed our records please be advised that we beleive that the documentations n which you have been provided on 29th dec 09 fully complies with the requirements.
A further copy if the credit aggreement and the full terms and conditions which was agreed to at inception of this account as provided by cap one.
I would kindly as that you reveiw the info as it contains the terms rates of interest and repayments and credit limits relating to this account.
In view of this we are unable to cease collection activitys on this account, and you have 21 days to contact us

fermi

I don't see any prescribed terms on this agreement.

http://forums.moneysavingexpert.com/showpost.html?p=17138635&postcount=25

AMBERSHADOW

No thats what I said before

So shall I send this letter?

They are driving me nuts

AMBERSHADOW

I got something with it About payments and things but nothing specific it was general thing