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Moon phases


GOT THIS REPLY FROM LOWELL AFTER 3 LETTERS WHAT SHOULD I DO

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GOT THIS REPLY FROM LOWELL AFTER 3 LETTERS WHAT SHOULD I DO Empty GOT THIS REPLY FROM LOWELL AFTER 3 LETTERS WHAT SHOULD I DO

Post by magoo1 on Thu Nov 28, 2019 2:43 pm

We have previously provided a copy of the agreement and statement for this account. I have attached a copy of this for your records. We believe these documents are legally sufficient evidence of your liability for this account. And fulfil our obligations under Sections 77/78 of the Consumer Credit Act 1974 (CCA).



A true copy of your agreement

Sections 77/78 of the Consumer Credit Act 1974 (CCA) provide consumers with the right to request a ‘true copy’ of their credit agreement.



The CCA defines a ‘true copy’ of your agreement as a document which shows the terms and conditions that you agreed to when the agreement was signed and details of any later changes. There is no requirement under the CCA to provide a photocopy of your original agreement document showing your signature.



Further guidance regarding requests of this kind can be found under section 13 of the FCA CONC rules or on the National Debtline website.



The deed of assignment is an agreement entered into between the original owners of the accounts and Lowell Portfolio I Ltd. The agreement assigned the right to collect the outstanding amounts on your accounts from the original account owners to Lowell Portfolio I Ltd (Lowell). The deeds of assignment do not contain any specific details relating to individual customers whose debts are being purchased. This contract is therefore not part of the information which you are entitled to.



We sent you a letter on 14/05/2019 to tell you that your account had been assigned to Lowell. This letter is the legal notice which we are required to send. I have attached a copy of this also, for your records,



Having had the opportunity to review your correspondence received, it appears to be based on template letters widely available on the internet and you have provided no specific details within your letters as to why you dispute the account. As such, we would not look to reply to any similar correspondence that you may send.



Please advise how you wish to proceed with the account going forward?



I have placed the account on hold for 14 days to allow time for your response

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Post by Mrblue on Thu Nov 28, 2019 4:34 pm

Now check out the following link and scroll down to use the Estoppel template:

https://goodf.forumotion.com/t41-the-3-letters-process
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Post by Mrblue on Thu Nov 28, 2019 4:35 pm

Also did Lowell actually buy the debt? Or are they agency collecting on behalf of another debt purchasing company?
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Post by waylander62 on Fri Nov 29, 2019 10:36 am

lowell must have bought the debt else there would not be any notice of assignment

it depends on what they have sent you in respect of the CCA request ? among other things ?

they will continue to ignore the letters because they believe they have evidence enough ( so they say)

have you any information of your own on file for this account ?

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Post by Mrblue on Fri Nov 29, 2019 12:15 pm

@waylander62 wrote:lowell must have bought the debt else there would not be any notice of assignment

it depends on what they have sent you in respect of the CCA request ? among other things ?

they will continue to ignore the letters because they believe they have evidence enough ( so they say)

have you any information of your own on file for this account ?

Agreed on all points Smile
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Post by daveiron on Sat Nov 30, 2019 10:33 am

Why not ask them;
Do you have the original agreement ?
If you do not have the original agreement ,where is it now ?
If you do not have the original agreement ,does it still exist ?
If it is proved that I owe this debt , will you confirm that upon receipt of payment in full. You will return
the original agreement to me ?
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Post by Mrblue on Sat Nov 30, 2019 12:35 pm

Tbh whatever you ask they never respond to in my experience (and I’ve dealt with several DPs and DCAs).


When they know the answer is “no” they ignore you or talk about something else.

Which is why Imo you should just stick to the letters until they either sell on, engage a debt collect agency, or (much less likely) engage a solicitor.
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Post by Mrblue on Sat Nov 30, 2019 12:57 pm

(In other words - and as was always the purpose of the letters when they were first put out there many, many years ago, who cares what they say*, what counts is that WE HAVE ASKED and given them plenty of opportunity  / we keep a record of how many times we ask and their repeated failure to provide what we ask for. Therefore it stands in our favour and it’s clear they have failed, which 99% of the time they do)

*Unless miraculously they provide us with everything we have asked of them!
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Post by magoo1 on Sat Nov 30, 2019 1:22 pm

Thanks for the help guys will keep you updated on what happens.

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Post by Mrblue on Sat Nov 30, 2019 5:16 pm

You’re welcome mate
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