Help with Lowell's Financial

RocknRollStar

Thanks to everyone for their replies, it is much appreciated.

It is now 14 days since they received my letter, so am in the process of printing out the second letter.

One major problem though, I have just realised that due to being in a rush at the post office when I originally sent the letter, I accidentally let it slip my mind to purchase and include the £1 postal order :mad: for them to use to access my CCA.

Now is this going to be a big problem? They have replied to the letter but haven't specified what they were going to do. Could they use this against me if it came to them not being able to produce evidence of my CCA and say, "well he didn't send the payment, therefore the procedure was compromised from the start".

Would it be a bad idea to send the second letter, enclose the postal order with that and change the word enclosed to enclose? Then they would have the 30 days extra to gain the CCA if they have it. Or should I carry on with the second letter regardless or, just start all over again and resend the first letter, with the postal order?

pepe2008

They dont need the £1 to 'access' the CCA.

Its an agreed 'reasonable fee' wich stops them charging just what they want for providing ( or not!)the required information. If ths Fee had not been agreed upon then they would be asking stupid amounts to try and deter people from making these requests.

I would probably send them another CCA request WITH the £1 and a covering letter explaining the reason for the 2nd request just to cover myself.....better safe than sorry. Just because DCAs are cr*p with their paperwork doesnt mean we have to be, thats why they get themselves in a mess.

RocknRollStar

Thanks.

Well this just gets better and better. My mum just conveniently handed me an unopened letter after coming through the front door (from posting out the 2nd copy of my CCA request)

Lo and behold it was from Lowell!! Dated the 21st it reads:

We are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the Consumer Credit Act 1974.

We are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

While we endeavour to reply to you with the required information within the prescribed 12 day period under the Consumer Credit Act, you will appreciate this is dependant upon receipt of the information from the original creditor.

We will advise you further if it will take longer than the prescribed period.


So do I still need to send the CCA request out to them or can I now proceed to the 2nd letter which allows them 30 days time to gain the CCA?

Any help, as always will be muchly appreciated. God knows I need it lol

RocknRollStar

Hi again guys,

I have just received a reply dated 30th October, from sending Lowell the first letter requesting the CCA (the one whereby I forgot to include the £1 postal order). They have replied with this:


'Following your recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client Capital One has requested that your agreement be retrieved from archive.
Once your agreement is retrieved you will be required to repay the oustanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

If you have any queries regarding the above, please contact us on 0113 308 6044.'




Should I be worried? Where do I go from here? I have sent them another copy of the first letter request, this time with the postal order included but they only received this yesterday. Should I progress to the second letter as it has been well over 3 weeks since they originally received my letter?


Please help me on this subject as it is so infuriating for them to hold a default against me. Thanks in advance. Ste

RAS

I would be inclined to send the account in dispute letter anyway, since they have accepted your first CCA request.

DarkConvict

I agree with RAS, they have exceeded the allowed 14 days, so send off the account in dispute letter. That way it is in dispute until they can provide a valid CCA.

RocknRollStar

RAS wrote: »

I would be inclined to send the account in dispute letter anyway, since they have accepted your first CCA request.

Thanks to both of you for your reply, currently in the process of printing the second letter to be sent out tomorrow. So glad of places like this on the net where you can get great advice. Thanks again!

davek1

It's a standard response from Lowell. Had exactly the same. Then they produce the normal Cap1 application. I told them it was unenforceable, they wrote back agreeing and closed the account just be patient

RocknRollStar

Hi again everyone,

I sent the second letter which gave Lowell 30 days to produce my CCA. They recieved it on the 10th November and have sent this response dated the 18th.



Original Creditor: Capital One
Balance Outstanding: £877.95

We thank you for your recent letter and apologise for the delay in replying.

We have noted your comments and can advise you that, under the terms set out by The Consumer Credit Act, a creditor has an initial twelve days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided.

You will, however, continue to get updates from us with regards to your request.

We hope that the above meets with your approval"




Now, it seems they are still stalling for time and have no chance of producing any CCA but I would like to know what I do in ten days time when their deadline is up? Is there a template letter anywhere for the next step? Obviously I am feeling pretty confident they won't produce it but I would just like to be prepared to send this next letter in time for sorting this mess out before the new year.


Thanks again guys, your help is much appreciated.

RAS

Hi

Am confused by dates. They have 12 working daysplus two days to allow for postage. After that, they cannot pursue you for the debt without producing the proper document.

Please note that a lot of what is produced for Cap 1 accounts is not legally compliant even when something turns up.

They can update you with regard to your request but they CANNOT ask you to pay the money again unless they produce the CCA with the prescribed terms. if they do report them to the OFT.