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Help with Lowell's Financial

13

Comments

  • RAS wrote: »
    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.

    Hey, thanks for your reply.

    I had sent them the first letter, they didn't produce the CCA. I sent them the second letter (which gives them 30 days I believe) and they have ten days left to produce the CCA.

    So now I am just wondering what to do/which letter to send if they do not provide my CCA in 10 days time.
  • Sorry to bump this again but is there anyone who can tell me where the next letter to send can be found?

    The last one I sent was the one that gave 30 days time limit for Lowell to send me a copy of the CCA. Their time is up on the 10th so I would like to be able to start the next phase of the process so I can clear this up for xmas.

    Thanks in advance and best wishes

    Ste
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    There aren't any more specific letters really.

    Until Lowells can produce an enforceable agreement, they are "stuffed".

    They know that very well, but obviously are unlikely to admit it.

    So you may just choose to ignore them.......
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    There aren't any more specific letters really.

    Until Lowells can produce an enforceable agreement, they are "stuffed".

    They know that very well, but obviously are unlikely to admit it.

    So you may just choose to ignore them.......

    Okay, but surely there is something to now demand that they take away a default from my credit record as it affects my rating.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Failure to comply with a s77/78 request is not currently ground to have a default removed.

    There was a recent court case that ruled this.

    But there are a few more ongoing that may change that, so watch this space in the new year. ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi wrote: »
    Failure to comply with a s77/78 request is not currently ground to have a default removed.

    There was a recent court case that ruled this.

    But there are a few more ongoing that may change that, so watch this space in the new year. ;)

    It's okay I just found the CCA Dispute letter. Cheers anyway.
  • Sorry to bump an old thread, just wanted to thank everyone for their help on this...

    Lowell sent me a letter saying that the debt was wiped and apologising for the inconveniences etc. This was over 2-3 months ago now but it is still evident on my Credit Expert report as a Default.

    They were supposed to remove this, how can I get this changed as it is obviously still affecting my future credit score?

    Any help will be much appreciated.
  • RAS
    RAS Posts: 36,539 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    they will not remove it on the bais of a duff CCA.

    If however you are certain that the default was placed more than 6 months after the last payment, you might want to ask the credit reference agencies to alter the date which would mean it fell off sooner.
    If you've have not made a mistake, you've made nothing
  • Don't know if you're still having problems with Lowell Financial, but I'm dealing with them currently (and their collection firm called Red DC) and Lowell were actually pretty lenient with me, they sent out a SOA form (which I didn't fill in due to the account being in dispute) but they've frozen my account etc and in general been pretty good.

    I also had the same letter as you, then a few weeks later they put my account on hold (pending the SOA)

    If you want to pay it but not all of it, get in touch with them and ask for an SOA form, send it back, and they should work out a suitable repayment method that suits you, they do actually have a lot of options available for repayment, but it sounds abit absurd that they're demanding this money immediately

    hope this helps some!
  • I have requested a copy of my Barclaycard credit agreement from Lowell's to prove there demands, I have been offered to pay off an agreed amount of the debt and the rest will be wiped. BE AWARE, they buy the debts from the initial lender for as little as 10p in the £. So they are quite happy to settle for 50% of the initial debt, BUT, they then sell on the remaining debt to another debt collection agency. So just don't panic and stick to your guns.
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