Would someone please give my letter the once over please?

Jeekah

It is a CCA request. Is it ok? Or is there a better one I should use?

I also need a bit of help with the postal order (sorry if that sounds silly but I have never used one before). When I went to the post office to buy one the other day, they asked me who to make it out to, and I didn't know. Has anyone had to send one to Lowell's before? Do I get it made out to Lowell Financial or Lowell portfolio? Also, should I get it crossed?

Also, all the letters from Lowell's list a PO Box as their correspondence address, but I have found the registered office address so should I use that to send the CCA request letter too instead?

Sorry for the really simple questions but I don't want to get this wrong.

Anyway, the letter is as follows:




Without Prejudice


Dear Sir/Madam

I do not acknowledge any debt to you, your company, or to any organisation that you, or your company, claims to represent.

Re: Account/Reference Number: Xxxxxxxx

I do not acknowledge ANY debt to your company and I require you to supply the following documentation before I will correspond further on this matter.

With reference to the above agreement, I would be grateful if you would supply me with a true copy of the alleged agreement you refer to, as per the Consumer Credit Act 1974 (Sections 77−79). Your obligation also extends to providing a full statement of account which must include any interest or charges applied. I enclose a £1 postal order in payment of the statutory fee.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days. I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I also understand that you are obliged to supply these documents, whether you are the original creditor or not.

I look forward to hearing from you.

Yours faithfully

Miss A Xxxxxxxxx

sparky0107

Can't help with the postal order or the address hun, so I'm just going to bump you back up

RAS

Jeekah

Having just gone back over your previous thread, I think you would be better to hold off on this at the mo.

Have you requested your credit checks to see if this debt is listed there? If it is not, then it is almost certainly statute barred.

Jeekah

Hi, thanks for the bump Sparky and for your reply RAS.

I didn't apply for a credit check as I know for sure it is not yet statute barred as I have a cheque book stump with the date when I made the last payment, although I have a niggling doubt that I may of had some contact with them a month or so later, but can not be 100% sure and can not remember why. I could just be panicking.

I did take your advice and call the debt advice line to make sure they could not class asking for my CCA as acknowledgement and the advisor said as long as I put 'Without Prejudice' on the letter than they can not. He also advised I ask for a statement of account as it will say once and for all when the last payment was made. They also that even if they do come back with one, if it is then over the 6 year period, they can not legally pursue it any further.

The reason I am panicking about holding off any longer is that Lowell's have sent me a letter stating:

" Our agent has failed to make contact with you and as a legal requirement we must now inform you that 7 days from the date of this letter we intend to instruct our legal department to review your account. This may involve applying for a County Court Judgement to be registered against you by the courts." And so on. It ended by saying "You will be given no further warnings."

I decided to send off the CCA request as I don't want to have a judgement made against me with just 1 month to go before it is potentially Statute barred (if my cheque book stub is right) but at the same time I dare not claim it is statute barred in case it isn't quite there yet.

Am I making the wrong decision? Do you still think I should hold off sending it?

Thank you so much for taking the time to look back over posts, I really appreciate your help on this.

stapeley

Court claims take ages so will be well out of time . Scare tactics yet again !

RAS

Jeekah

thanks for the response. I would be inclined to wait until about the 5th day and send it registered post.

ignore Without prejudice, as it is the "I do not acknowledge any .. " that matters and you do not need to write that twice.

Jeekah

Thank you both for your help. I shall amend the letter and send it off as the 7 days are now up, I was going to ignore it but lost my nerve!

Once again, you have been very helpful.

bank_of_slate

Hello and welcome Jeekah!
Always support and advice on here when you need it, keep us informed, beware of troll posts (see notice to newcomers RE trolls thread) and feel free to post on other threads
...Linda xx

Jeekah

bank_of_slate wrote: »

Hello and welcome Jeekah!
Always support and advice on here when you need it, keep us informed, beware of troll posts (see notice to newcomers RE trolls thread) and feel free to post on other threads
...Linda xx

Thank you for the kind welcome and I shall keep you updated!