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Moon phases


Lowell threatening me Again !!

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Re: Lowell threatening me Again !!

Post by Ausk on Thu Sep 06, 2018 9:49 am

I'd ask them "what law says I have to pay this?' their most likely response would be "the contract"

So then I would reply then prove I was given full disclosure of all terms and conditions when I signed it and that its my and their wet signatures on it. I would also add "anything that is less than full disclosure is fraud and fraud vitiates all contracts.

Get some examples of things they have not fully disclosed, take them into court and ask them questions about the non disclosed matters and then ask the mag to dismiss the case.

did they give you a copy of the entire contact that was signed by an officer of the company who has the power to bind the company in contract?



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Re: Lowell threatening me Again !!

Post by barnwebb on Thu Sep 06, 2018 12:40 pm

That’s an interesting thought and approach Ausk, thanks for that.

The only thing that has been produced is a dodgy looking photocopy of the signed application form which, in their opinion (and that of judges in other cases), is the CCA or contract even though it’s not the original wet signed version. They’ve also come up with copies of statements which mostly are from ten years prior to my financial meltdown and basically are irrelevant as far as I’m concerned.

I discovered (can’t remember where) that UK is the only country in the EU that allows debt collecting companies to buy debt for peanuts and systematically extort the full amount from the victim for maximum profit. It is interesting to note that the original creditor never offers a cheap pay off deal to the debtor but is quite happy to flog it cheap to a debt collector corporation which then makes a shit load of profit by using the courts and threats of CCJ’s which can ruin anyone’s day.

If that info is incorrect then someone please let me know. Smile

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Re: Lowell threatening me Again !!

Post by waylander62 on Fri Sep 07, 2018 11:07 am

Ok

use that info posted above.

in your letter tell them you are in receipt of an un executed application form, which does not comply with the CCA in relation to eligibilty of documentation which you have a right to see.

and that no information has been provided in relation to the sums due under the alleged agreement. Therefore it is quite clear that you have failed to conduct sufficient due diligence to the alleged purchase of any debt i may owe as you have failed to provide evidence that any sums due were correct.This in turn has led to an unfair and unsuitable customer contact for recovery of those sums you believe to be due.

then what i mentioned previously

i await you claim form.

barnwebb.

call them out ?

this is an option only and must be given serious consideration , but something i have done in the past with success.

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Re: Lowell threatening me Again !!

Post by barnwebb on Sun Sep 09, 2018 11:15 pm

Thanks waylander62,

I may well take the option, it's worth a go to annoy them if nothing else, I'll just have to write up a good draft of it all and cross my fngers I don't mess it up in some way Smile

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Re: Lowell threatening me Again !!

Post by barnwebb on Wed Oct 10, 2018 8:37 pm

Here's a quick update.

I took the plunge and used sections of the new GDPR (General Data Protection Regulation) about Lowell breaching my data by losing it and not producing it as requested etc, plus a few other things as suggested in previous posts.

I's been a month (ish) and I haven't heard anything back so I'm crossing my fingers that they're not cooking up something to hammer me with.

I haven't heard f-all from Capital One after sending them a Subject Access Request under the Data protection Act 1998 so they've probably breached the 40 day response rule by now, I'll have to check the date I sent it.

That's all for now.

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Re: Lowell threatening me Again !!

Post by waylander62 on Wed Oct 10, 2018 10:00 pm

Capital One only have 1 calender month to respond to your SAR

complain to the ICO

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Re: Lowell threatening me Again !!

Post by barnwebb on Thu Oct 11, 2018 7:02 pm

Thanks waylander62,

I thought I'd read 40 days somewhere but not to worry, I'll cook up a letter for the ICO but they'll never respond. I guess they just gather complaint info and when there's enough they might do something...... maybe !

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Re: Lowell threatening me Again !!

Post by waylander62 on Thu Oct 11, 2018 8:27 pm

you probably did

but the new data protection rules are quite clear, 1 calender month and you dont have to pay for it either.

you have a right to request this data

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Re: Lowell threatening me Again !!

Post by daveiron on Fri Oct 12, 2018 8:08 am

Hi barnwebb,

Try the ICO .I have had recent success with them regarding lack of response to a FOI request with one police force,and obfuscation by another.

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Re: Lowell threatening me Again !!

Post by barnwebb on Tue Oct 16, 2018 11:34 pm

Thanks waylander62 & daveiron,

As is typical of these things, as soon as I think of writing a complaint then "the" letter arrives !

In brief it says that, 'I can confirm that no customer documentation has been destroyed as a result of accidental or natural disaster.'

'Information regarding our customers is held securely by Capital One.'

'This data is held until such a time that it is no longer required and/or we are required to dispose of it according to relevant regulations.'

And then an interesting bit:

'All such information is scanned to our computer systems and therefore stored electronically, the originals of which are destroyed.'

So destroying the originals makes it a bit difficult for them to be produced as evidence at any time in the future, and I wouldn't say storing copies on computer systems is particularly safe in these days of nimble fingered hackers.

Any thoughts ?

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Re: Lowell threatening me Again !!

Post by daveiron on Wed Oct 17, 2018 9:32 am

Hi barnwebb,

I'm sure waylander will also have a take on it ,so I should wait ,What however what springs to mind is maybe add something along the lines of;
As stated in your letter dated xx xx "The originals are scanned to our computer system and the originals destroyed" Please confirm that this is now the case ,and the original agreement no longer exists.
Any document can now be altered or fabricated partially or in its entirety on a computer system, Only the original document (not a copy of any kind ) can be verified.
At no time has Capitol One requested that I examine your scanned copy to assertain its authenticity before you took it upon yourselves to destroy the original.

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Re: Lowell threatening me Again !!

Post by waylander62 on Wed Oct 17, 2018 11:01 am

this is a difficult one,

this information has come from capital one, your fight is with Lowell.

i assume that capital one have sent you a copy of this 'scanned agreement' ? i assume it is the same as the one lowell have already provided ? that would be my first check ( along with the T & C's )

have Capital one sent you a copy of the default notice and a copy of the letter of assignment ?

thinking about it, i would probably not spend too much time writing back to Capital One as they are NOT your adversary here, i would spend the time looking at what they have provided in the SAR to try and find reasons for it not being enforceable. IFthe agreement sent by Capital One differs in any way from anything else you have been sent then that would be a great argument as you have written proof there is only 1 true copy on a computer so anything else has been 'doctored'.

i would check what you have received before anything else.

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Re: Lowell threatening me Again !!

Post by barnwebb on Thu Oct 18, 2018 8:29 pm

Thanks daveiron & waylander62,

No, Cap One haven't sent me anything else with the reply. I only asked the straight forward question of whether anything had ever been destroyed in fire etc.

Should I reply to them asking for copies of the scanned documents ?

As for a default notice, they might of done originally, I can't recall for certain, I'll have to dig out all the dusty paperwork (as it's been at least five years now) and go through it to see.

Notice of assignment from Cap One is another thing I'll need to look for but then 'they' (credit card companies) never seem to send one out, it always seems to be the debt collector companies that send it in the same envelope as their one (same date too) using photocopied, so called, credit card company headed paper with the debt collectors print run machine code up the side.

Any thoughts ?

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Re: Lowell threatening me Again !!

Post by onak on Sat Oct 20, 2018 6:23 am

Yes! I also received an assignment notice from debt collector posing as original creditor by super imposing the logo. They have not introduced this document in their disclosure in mediation!
I think they meddled and did this exact same with the original creditor default notice also.

As waylander points out in going through the SAR with an eagle eye, my original credit limit on the application they are relying on is 999999. LOL.

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Re: Lowell threatening me Again !!

Post by barnwebb on Fri Nov 02, 2018 2:13 pm

Thanks onak,

I've been rushing about a bit and haven't been on this page for a little while.

A little update for you all, I received a fob off letter from Lowell a few days ago where they have 'thoroughly investigated' (yeah, right) my data breach argument and decided they haven't breached my data etc !

A couple of days after that I received a Claim Form (the usual Northampton scamming house version) where they certainly want their pound of flesh as they've added 8% interest. There was no warning that they had decided to make a claim so I had no chance to send a CPR18 or anything else for that matter.

The big fight has begun, obviously I will need to do the acknowledgement of service first and prepare the defence as best I can with my limited knowledge of proceedings and hopefully get it "stayed" on a permanent basis.

Any thoughts or suggestions goodf people ? Smile

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Re: Lowell threatening me Again !!

Post by waylander62 on Fri Nov 02, 2018 3:28 pm

Did you receive an official letter before claim ? with the necessary documents for you to fill in and return ?

a full SAR needs sending to capital one now, if you have not already done so.

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Re: Lowell threatening me Again !!

Post by barnwebb on Wed Nov 07, 2018 12:34 pm

Thanks for the quick response waylander62, I apologise for not being as quick.

Having looked at the paperwork so far it would appear I received a 'Letter of Claim' at the end of May and sent back the necessary documents at the beginning of June along with my multi page demands for legit documents etc, so I suppose, technically, they didn't need to warn me of the impending Claim Form. Bah humbug and words to that effect !

I've been trying to find examples of a suitable SAR to send to Capital One, have you any suggestions as to what in the list of potential things I should be asking for ? Certified copy of agreement etc ?

The only thing I've asked for so far is the straight forward question of whether anything had ever been destroyed in fire etc !

Thanks.

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Re: Lowell threatening me Again !!

Post by waylander62 on Wed Nov 07, 2018 1:33 pm

so you replied to their letter of claim, it gives you the opportunity to request documents.

what did you request ? and have they provided the necessary documents ?

The SAR should request a copy of any agreement, any default notice, any termination notice, any notice of assignment, a copy of the sale agreement/ deed of assignment and a copy of statements showing how the alleged sums have become due. along with any other letters and information internal and or otherwise sent in respect of the account number xxxxxxxxx

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Re: Lowell threatening me Again !!

Post by barnwebb on Wed Nov 07, 2018 10:13 pm

Thanks waylander62,

Yes I did reply and no they haven't sent me anything other than previously mentioned in this thread which was a bad photocopy of my (alleged) application and the (alleged) terms and conditions which has my name conveniently typed into it on the first sentence along with some rubbish (alleged) statements which are actually irrelevant in my opinion.

Below is the letter I sent after the letter of claim appeared. Let me know if you think it could have been improved or if it was over the top.

====================================

This applies to all names, trading style/names, groups, agents and proxies of Lowell Group and any third parties acting for or on behalf of you Lowell Group
I DO NOT ACKNOWLEDGE ANY DEBT OR CONTRACTS OF ANY DESCRIPTION TO YOUR COMPANY IN ANY WAY SHAPE OR FORM WHATSOEVER AND REBUT YOUR ASSUMPTION / PRESUMPTION THAT I OWE YOUR CORPORATION MONEY.

Dear Mr James Cornell,

Thank you for your (Lowell Solicitors Limited ) letter dated *******. I feel it important to question why, after four and a half years (54 months), starting with your Lowell subsidiary, Fredrickson International Ltd, where, despite numerous request by myself for certified documents to be provided to validate your proof of claim, which over this significant time period have consistently been denied to me, you have now sent a letter which contains a threat of litigation ?

Not only have all my requests for valid documents been ignored, so too was a Notice of Estoppel by Acquiescence, a Section 10 Notice and in 2015 a Cease and Desist Order where my valid dispute with your Lowell Group, suddenly, in your opinion, miraculously turned into a ‘complaint’ and where my legitimate, valid requests for certified documentation in all previous correspondence was again ignored.

I notice that your Lowell Solicitors Limited letter is unsigned, has no contact name upon it and has a PO Box address; this is entirely unacceptable.

As you have provided nothing over this significant time period and have threatened litigation I refer you to the below:-

Re: Your Client – Lowell Portfolio I Ltd
Pre Action Conduct - Request for Information

With regard to your (Lowell Solicitors Limited) letter dated *******, which stated Legal Action would be taken, I take this to be a formal Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.
As such, I refer you to paragraph 1 of the Practice Direction Pre-Action Conduct, which states the purpose of such a letter is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”.
As you have indicated you are acting on behalf of Lowell Portfolio I Ltd in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.
Your client, Lowell Portfolio I Ltd, claim they have purchased an alleged outstanding balance from Capital One with the benefits, rights, title and interest. I require documentary evidence within ten (10) days from the date of this notice to ensure that there has been no breach of the Data Protection Act.

Paragraph 2.2 (1) of Annex A states you have an obligation to “list the essential documents on which the Claimant intends to rely”. I could not identify such a list in your letter, please list the documents so I can see your case against me and request copies of anything that I may need.

Paragraph 3.2 (3) of Annex A allows me to “request further information to enable me to provide a full response”. My request is a request for documents as the information I require would come from those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested within as short a period of time as is practicable or explain in writing why the documents will not be provided”.
Paragraph 5.1 of Annex A is something you have either ignored or avoided in the last four and a half years (54 months).

I require certified, legible copies of the following:

1. Any original credit agreement / contract
Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) an original signed or certified true copy of the Original Signed Consumer Credit Agreement signed by both parties, along with an original or certified true copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions, I am unable to accept a photocopy of either document.
A signed statement that you are in possession of the Original Agreement, and that this agreement has never been sold or traded in any way.
If you are not in possession of the Original Agreement, I require knowing why not and also where it is now.
A signed statement that the Original Agreement did not create the credit, thereby making me the creditor.

2. Any Default Notice;
In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a certified true copy of the Default Notice from the original owners of the Alleged Debt and certified true copies of how this was served upon me.

3. Any Termination Notice;
A certified true copy of the Termination Notice from the original owners of the Alleged Debt and certified true copies of how this was served upon me.

4. The Notice of Assignment;
Certified true copies of the Alleged Notice of Assignment sent by the original creditor, Capital One, to Lowell Portfolio I Ltd and any Alleged Notice of Assignment sent by the original creditor, Capital One or Lowell Portfolio I Ltd to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, certified true copies of how this was served upon me.

5. The Deed of Assignment or Deed of Novation, whichever is applicable to prove you have the lawful right, title and interest to pursue or enforce any alleged debt;
As I have never entered into any Legal Agreement or Contract with your client, Lowell Portfolio I Ltd, for any monies or specifically for the alleged amount of £******; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.
A certified true copy of the Legal / Absolute Assignment of the Agreement, including a certified true copy (not photocopy) of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation showing the signatures of all three parties; also any Documents of Title or Sale Agreement and;
In accordance with Section 196 of the Law of Property Act 1925, certified true copies of how I was served with the Alleged Legal Assignment.
Verification of your claim (a sworn affidavit or hand signed invoice in accordance with the Bills of Exchange Act 1882).
See (Van Lynn Developments v Pelias Construction Co Ltd 1998.[3] All ER 824)
Where Lord Denning MR said " the debtor is entitled to view the sale agreement to
ensure that the assignee can give him good discharge under the contract"

Also; [Webster v Ridgeway (2009) ] " Where a debtor is entitled to see a redacted
version.

6. Statements of account;
Validation of the alleged debt (actual accounting).
Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £******.
Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

7. Unlawful Enrichment;
I believe your client, Lowell Portfolio I Ltd, is attempting Unlawful Enrichment and as such I require full documentary disclosure of how much they have allegedly paid for this alleged debt. If they fail to disclose this information at this stage I will apply to the Court for a disclosure order.
8. A signed statement that no insurance claim has or will be made in respect of this
account.
These documents would be expected to be supplied if proceedings were issued and would likely be in your possession if you were issuing a claim. If you consider that there is difficulty in providing a certified true copy of a document, please identify that document and the reason. Additionally, there is a duty to supply documents under the Consumer Credit Act 1974.
I hereby give you ten (10) days to respond to this notice from the above date
by Recorded Mail and signed by a man / woman who takes liability for its contents.
Your failure to provide the required information (which you should have if you
completed due diligence in respect of your claim) will constitute your agreement to the following terms:
1. That the debt did not exist in the first place.
2. That it has already been paid in full.
3. That negative remarks made to a Credit Reference Agency will be removed.
4. You will no longer pursue this matter any further ,and you agree to pay the fee
schedule listed below, Being a fair and reasonable remuneration in respect of my time
and expenses involved in dealing with this matter.
I do not work for free; therefore if you fail to produce all of the documentation
required within ten (10) days from the date of this Pre-Action Conduct my fee schedule will be activated.

You do not have permission to contact me by any means other than by letter sent
through Royal Mail.
My fee schedule is as follows;

1. Letter to inform me of your discontinuance of this claim Free
2. All letters received from you,(to log, copy & file) £ 35.00 each
3. To respond to any letters (inc logging, copying & filing) £ 45.00 each
4. Any and all unauthorised telephone calls received,
to log, record ,file and store. £ 35.00 each

I am also aware of the Protection From Harassment Act 1997 sec 1.1 And the
Administration Of Justice Act 1970 s.40,Which is a Criminal Offence for a creditor
or creditors agent to make demands (for money),which are aimed at causing "alarm,
distress or humiliation" because of there frequency or manner.

Therefore should you proceed to apply to the Court without the production of any
legal documentation of ownership of this alleged debt, you agree this will be a
vexatious act.
Take Notice that should you proceed to Court, all of the documentation requested
above will be asked for in Court, and your claim will be rigorously defended and an
application for costs will be made. I trust this makes my position clear.
Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me I will apply to the Court to Stay your Clients claim until said documentation is received.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a certified true copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours sincerely


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Re: Lowell threatening me Again !!

Post by barnwebb on Sat Nov 10, 2018 1:28 pm

Ha, Lowell really are a bunch of wasters aren't they.

I've just received a template letter dated five days after I received the court claim telling me that they 'have now issued legal proceedings' and I will 'shortly receive a County Court Claim'.

Unsigned as per usual of course, what a bunch of lowlifes.

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Re: Lowell threatening me Again !!

Post by daveiron on Sat Nov 10, 2018 2:34 pm

I like the letter. I get the impression you are enjoying yourself.

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Re: Lowell threatening me Again !!

Post by barnwebb on Sun Nov 11, 2018 8:42 pm

Definately enjoying myself daveiron, I just hope I win the day and the corrupt "system" doesn't ! Smile

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Re: Lowell threatening me Again !!

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