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Moon phases


Not sure which letter to send !

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Not sure which letter to send !

Post by Daxer on Fri Jan 19, 2018 11:11 am

Have received a Pre-Legal Assessment letter from Lowell's. But looking through my saved copies from previous attempts to extract blood from my stone, i do not believe i have dealt with them before as i had batted off this companies so called debt in 2015 with the three letter process from a another DCA so i believe they either most of purchased the debt or its been passed on to them!
They are offering a 75% discount on the previous amount supposedly owed if i pay up which is not going to happen as do not have that kind of money anyway.
Am wondering which set of 3 letters should i send the Debt Purchaser or the acting as agents set of letters as don't want to mess it up, I'm leaning to wards the debt purchasers letter but just want to make sure i send the right set.

Have included the letter in this post.

Thanks muchly in advance for any replies  Wink

https://i62.servimg.com/u/f62/19/84/41/60/lowell13.jpg



Last edited by Daxer on Fri Jan 19, 2018 11:46 am; edited 4 times in total (Reason for editing : Adding Image)

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Re: Not sure which letter to send !

Post by Kestrel on Fri Jan 19, 2018 11:39 am

Firstly on your attachment i'd remove & upload again with those numbers to the top of the sheet removed & likewise those down the right hand side & also the original lenders name.

The fact they are offering a discount & such a large one would indicate they have no proof of claim - i'm sure others will confirm this.

I'll leave others to answer your original question though.

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Re: Not sure which letter to send !

Post by Daxer on Fri Jan 19, 2018 11:48 am

Thanks Kestrel

Amended image

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Re: Not sure which letter to send !

Post by daveiron on Fri Jan 19, 2018 11:48 am

Hi ,it looks like you need the ones for debt purchasers.
As Kestrel says such a big discount shows they have nothing.

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Re: Not sure which letter to send !

Post by Daxer on Fri Jan 19, 2018 11:28 pm

Thanks for the reply daveiron will post the 1st letter off monday morning.

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Re: Not sure which letter to send !

Post by Tiggy on Sat Jan 20, 2018 9:09 am

If it's either a credit card or loan debt send s request for a copy of the agreement along with the £1 fee. If they can't supply it the debt (under the Consumer a Credit Act) cannot be enforced against you.

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Re: Not sure which letter to send !

Post by Daxer on Sat Jan 20, 2018 10:07 am

Hi Tiggy
It is a loan debt i found the saved documents last night but will send them a request for the agreement on Monday.

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Re: Not sure which letter to send !

Post by Tiggy on Sun Jan 21, 2018 10:05 am

@Daxer wrote:Hi Tiggy
It is a loan debt i found the saved documents last night but will send them a request for the agreement on Monday.

Use this

Request under s.77.1 Consumer Credit Act 1974

Dear Sirs
Re: Account / Reference Number: xxxxx / xxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 77(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 77(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you
Yours faithfully

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Re: Not sure which letter to send !

Post by Daxer on Mon Jan 22, 2018 9:19 am

Thanks You Tiggy
sorry for delay in replying had a long day at work yesterday.
Should i also include the first letter of the debt purchasers in my reply as well or just send this one on its own?



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Re: Not sure which letter to send !

Post by Tiggy on Mon Jan 22, 2018 5:55 pm

@Daxer wrote:Thanks You Tiggy
sorry for delay in replying had a long day at work yesterday.
Should i also include the first letter of the debt purchasers in my reply as well or just send this one on its own?


Entirely up to you, but I would send them separately and you need to include the £1 fee for the above CCA request.

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Re: Not sure which letter to send !

Post by Daxer on Mon Jan 22, 2018 11:17 pm

Thank You Tiggy
Will update when i get a reply from them.

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Re: Not sure which letter to send !

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