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Advice please! Newbie with DCA trouble

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  • moneymeltdown
    moneymeltdown Posts: 264 Forumite
    thankyou for your advice...i am paranoid about having a lowell home visit! will send them the do not phone letter.....who on earth would want to work as a dca for a living...I can't understand it at all!
    "happiness is...positive cashflow!":j
  • moneymeltdown
    moneymeltdown Posts: 264 Forumite
    I have just received a reply from lowell dated 2nd may 08 regarding my cca request sent on 28 april 08...the letter says...

    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 dependent upon the receipt of the information from the original creditor.

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

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

    Andrew Bartle
    Chief Operations Officer




    Any thoughts or advice anyone? your help is much appreciated!
    "happiness is...positive cashflow!":j
  • 10past6
    10past6 Posts: 4,962 Forumite
    i am paranoid about having a lowell home visit!
    Whilst their "trying" to find your CCA, in the meantime I would send them this letter, send it tomorrow by RECORDED DELIVERY, let them know you mean business:

    Dear sir / madam

    Please be advised that I am only prepared to communicate with XXXXXXXXX in writing.

    OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

    There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; e.g. the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

    Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending "doorstep callers" to my home, you will be reported for harassment and be liable for damages for a tort of trespass.

    You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

    Should it be necessary, I will obtain an injunction
    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 professional
  • moneymeltdown
    moneymeltdown Posts: 264 Forumite
    thanks 10past6 for the above letter...I will send it tomorrow morning.Another question...can dca's 'trick' me into identifying myself if ,for instance, they see me on the street about to enter my property and ask me a question about myself?
    I know I am probably being unnecessarily paranoid but this is making me very nervous! aaggh...
    "happiness is...positive cashflow!":j
  • 10past6
    10past6 Posts: 4,962 Forumite
    Another question...can dca's 'trick' me into identifying myself if ,for instance, they see me on the street about to enter my property and ask me a question about myself?
    Who knows what a DCA will get up to, although to be fair, I think you should let the process take it course for the time being, I would assume from your posts, you're in shock right now, at the way you have been treated / spoken to.

    Give it a day, things will settle down.

    One thing to bear in mind, as you have now requested your CCA, this has put your debt into DISPUTE, this means that in effect your debt is unenforceable, until a CCA is produced.

    The creditor / DCA CANNOT TAKE ANY ACTION at this stage, if you have any questions, don't hesitate to post, we've all been in your shoes ;)
    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 professional
  • moneymeltdown
    moneymeltdown Posts: 264 Forumite
    Thankyou so much for your advice!I'm in shock with lowell and their horrible attitude! I can't believe people can speak to you like that...

    I am also feeling frustrated as I've only just recently found this amazing forum...my mum put me on to it a few weeks ago. I'm here now though I guess and ready to sort things out. I have been paying £200 per month for the past few years to frederickson international and now realise I could've saved a LOT of money if I'd asked for a CCA from them.:mad:
    "happiness is...positive cashflow!":j
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    I have just received a reply from lowell dated 2nd may 08 regarding my cca request sent on 28 april 08...the letter says...

    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 dependent upon the receipt of the information from the original creditor.

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

    Andrew Bartle
    Chief Operations Officer

    This is TOTALLY IRRELEVANT - Anybody who is pursuing payment for an alleged consumer debt must be able to provide a true copy of the original consumer credit agreement, within 12 working days whether they are the original lender or not.

    It is simply not acceptable to expect you to allow LOWELL to ignore the Law when it suits them.

    If they have NOT supplied the requested copy of the original signed consumer credit agreement within the prescribed 12 working day period then they must seek permission from the Courts in order to enforce that agreement.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • moneymeltdown
    moneymeltdown Posts: 264 Forumite
    Today I received this letter from Lowell which made me feel quite sick....(coincidentally,it's also their 12+2 day deadline to provide my CCA, which of course I have not received)

    "I can confirm our client Compucredit has requested that your credit agreement be retrieved from archive.

    Once your agreement is retrieved,you will be required to repay the outstanding balance in full.I f deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

    In an attempt to resolve this matter in an amicable way I would like to offer you a settlement to bring this matter to a close.

    As long as payment is with us by 17/05/08 I am willing to accept £xxx as full and final payment on your account. If payment is not received within the time we reserve the right to proceed to collect the full balance.

    If you want to take the offer,please call etc etc..."

    Should I be worried about this? Help!
    "happiness is...positive cashflow!":j
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Don't be too worried by that letter, mmd. It is common practice for the less professional Debt Collection Agencies, such as LOWELL, to try to divert your attention away from the fact that they have not, or can not, comply with their legal obligations under the terms of the Consumer Credit Act, 1974.
    You have, by requeting a true signed copy of the original consumer credit agreement, started a legal process, and, by not having provided this documentation within the legally prescribed time scale it is now LOWELL who are in default. You should send the 12+2 day letter (I will post a link in a few minutes as am not on my own computer at the moment).
    You can, now, legally ignore any further similar letter - to me, Lowell probably know that they will be unable to provide you with the required documentation and are trying to 'cover their costs'. In the most unlikely event that they were to initiate legal proceedings you have a full defence in that you requested the cca, and account details, as per your rights under the Consumer Credit Act, and Lowell were unable/unwilling to provide you with this information.
    The 'alleged debt' is unproven and, therefore, irrideemably unenforceable.
    Lowell now ave a further 30 days, to provide you with this information/documentation. Even if they do, and there is a 'debt' owed by you, Lowell will need to apply to the Courts in order to collect. If, at the end of the further 30 days, they still have not provided you with the information, then they (LOWELL) will have committed a criminal offence.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Sorry for the delay, mmd - the letter that you should send to Lowell, after the 12+2 days (courtesy of our 'resident cca expert' weller711) can be found on the following link:

    http://forums.moneysavingexpert.com/showthread.html?p=6921563

    Send it recorded and keep any further letters that you may receive from Lowell - they may be needed as evidence.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
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