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hi im a newbie here , i had a letter of lowell with it was attached a
constituted copy of Credit agreement , which wasnt the real copy and they were saying they were in the legal rights to send me this and not the proper signed
Credit agreement, wrote to them back saying i want proof of the original Credit agreement the replyed by saying we thankyou for your recent letter , you comments have benn noted but we would advise you that The lowell group of the companies at the point of purchase are assigned all the rights and benefits associated with the account but we do not hold the copies of the agreements within our offices.
we have sent you the requested information to comply wi your requestfor information made under section 77 and/or section 78 of the consumer credit act 1974.
we note that you continue to dispute this accout on the basis that we have failed to supply you with a copy of the signed original credit ageement .
the consumer credit act says that in response to any request made under the section 77/78 for information , in the case of a debt that is claimed to be payable at a date of request lowell as the creditor should supply a copy of the executed agrement (if any ) upon payment of curently prescribed fee of £1.00 . in addition a statement showing signed by lowell showing the debt due if this practical in the circumstances .
the documents required to be supplied have been the subject of a lengthy legal test case of carey v HSBC Bank PLC [ 2009 ] were it was held by the high court that to comply with a a section 77/78 request
1 the original signed agreement need not to be suplied as a reconstituted copy of the agreement is sufficient provided it contains the name address of the person as it was when the credit agreement was signed and
2 if the terms and conditions of the credit agreement have been varied following the date if entered into the a copy of the last varied terms should also be supplied.
in ther summary the information that we have sent to you in response to your section 77/78 request complies with all legal requirements and regulaory guidance and we are not aware of any other query you have against this account .
we would now request that you contact us now on blaaa blaaa baaaa ....
to set up a payment plan to repay the debt that suits your financial circumstances and that you can resonably afford.
if we do not hear from you within the next ten days then we shall have no real alternative than to take further action to recover the debt due to that may include the commencement of legal action which may increase the debt payable by you with the addition of legal fees and interest .
we would wish to advoid having to take further action against you to recover payment and look forward to hearing from you .
constituted copy of Credit agreement , which wasnt the real copy and they were saying they were in the legal rights to send me this and not the proper signed
Credit agreement, wrote to them back saying i want proof of the original Credit agreement the replyed by saying we thankyou for your recent letter , you comments have benn noted but we would advise you that The lowell group of the companies at the point of purchase are assigned all the rights and benefits associated with the account but we do not hold the copies of the agreements within our offices.
we have sent you the requested information to comply wi your requestfor information made under section 77 and/or section 78 of the consumer credit act 1974.
we note that you continue to dispute this accout on the basis that we have failed to supply you with a copy of the signed original credit ageement .
the consumer credit act says that in response to any request made under the section 77/78 for information , in the case of a debt that is claimed to be payable at a date of request lowell as the creditor should supply a copy of the executed agrement (if any ) upon payment of curently prescribed fee of £1.00 . in addition a statement showing signed by lowell showing the debt due if this practical in the circumstances .
the documents required to be supplied have been the subject of a lengthy legal test case of carey v HSBC Bank PLC [ 2009 ] were it was held by the high court that to comply with a a section 77/78 request
1 the original signed agreement need not to be suplied as a reconstituted copy of the agreement is sufficient provided it contains the name address of the person as it was when the credit agreement was signed and
2 if the terms and conditions of the credit agreement have been varied following the date if entered into the a copy of the last varied terms should also be supplied.
in ther summary the information that we have sent to you in response to your section 77/78 request complies with all legal requirements and regulaory guidance and we are not aware of any other query you have against this account .
we would now request that you contact us now on blaaa blaaa baaaa ....
to set up a payment plan to repay the debt that suits your financial circumstances and that you can resonably afford.
if we do not hear from you within the next ten days then we shall have no real alternative than to take further action to recover the debt due to that may include the commencement of legal action which may increase the debt payable by you with the addition of legal fees and interest .
we would wish to advoid having to take further action against you to recover payment and look forward to hearing from you .
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