Marbles and Lowells ***SUCCESS***

[oscar]

Niddy (and fellow readers!)

Dont really want to do a diary for this lot, and dont think it is really necessary.

Actually thought these may have forgotten about me - no such luck.

Letter from Lowell today re Marbles, dated 30 November enclosing a copy of my "credit agreement" and a copy of post 2007 CCA text - ie prescribed terms late payment info etc and usual bumf you would expect. Big Deal - my account was opened long time before that! These T&Cs are also marked bank of scotland - ie the creditor and their address, so are from when they (BoS) took over account.

The letter itself makes no reference to the agreement or the T&Cs and just asks for payment and within seven days of the date of the letter (that might be difficult). to which they are, apprently, "entitled".

They also say that they reserve the right to instruct their solicitors ... blah blah blah.

Anyway, agreement is an App form, no terms etc, just all the usual info down left, name, address, employer, bank, then on right PPI, Auth User and illegible info on Data Protection. - so absolutely no P. terms. Unable to scan realistically as copy is so poor in itself.

I will this weekend knock up a letter (tomorrow more than likely) - nothing really suitable on site, but will be using bits and pieces of some (and my own prev letters). Would you be to take a gander? Or alternatively should I just ignore them?

Cheers

[Never-In-Doubt]

Re: Marbles and Lowells

Is it statute barred or defaulted or even live?

There is a letter, its the cca dispute - application form sent template. :-)

[oscar]

Re: Marbles and Lowells

Good points matey! ;D lol - never thought of that.

Is defaulted - Jan 09 - payments not made since Aug 08 or poss July.

Have already sent the App form letter previously - to HFC who were still administering the account after sale to BoS - or at least one very similar in Sept 08.

I followed this with an official complaint - several issues mentioned - however their response re CCA was "....Although the copy of the signed agreement you have been provided with states Application, you will notice in the signature box, that it states that this is a credit agreement..." Basically a bullshit comment.

[Never-In-Doubt]

Re: Marbles and Lowells

Ahh but mate these templates take into account changes in legislation.... Send that template, trust me - you know its a repetative procedure, each dca ignores their predecessors actions!!

Twats!

[oscar]

Re: Marbles and Lowells

Point taken.

Will be sent tomorrow. Will just add a sentence at the beginning though, thanking them for their lated dated X that arrived on Y

[Never-In-Doubt]

Re: Marbles and Lowells

Point taken.

Will be sent tomorrow. Will just add a sentence at the beginning though, thanking them for their lated dated X that arrived on Y

Lol, ok mate! But you'll soon learn that you don't need to thank them for anything, I rarely use such paragraphs in any of my templates!!

[billypre]

Re: Marbles and Lowells

Ahhh but it is Christmas time Niddy lol, goodwill to all etc

I'm joking of course lol i wouldn't be thanking them

[oscar]

Re: Marbles and Lowells

Point taken.

Will be sent tomorrow. Will just add a sentence at the beginning though, thanking them for their lated dated X that arrived on Y

Lol, ok mate! But you'll soon learn that you don't need to thank them for anything, I rarely use such paragraphs in any of my templates!!

Of course not ...... I just like to take the gypsy's

[Never-In-Doubt]

Re: Marbles and Lowells

Of course not ...... I just like to take the gypsy's

;xm55

[oscar]

Re: Marbles and Lowells

Well, they have resumed phone calls ..... just had quite an interesting one .... girl didnt know what she was on about .... and kept putting me on hold to talk to someone else ..... they are now apparently going to get a copy of my "actual credit agreement" and not just the app form.

She did try to tell me that the app form was all they needed, until I pointed out that the app form would still exist if credit had not been granted!

[Never-In-Doubt]

Re: Marbles and Lowells

well done matey - that's the way to do it, did you happen to mention who you used to work for? Haha - that may make them think twice prior to opening their silly gobs!!

[oscar]

Re: Marbles and Lowells

Of course I did .... and I mentioned prescribed terms, and Sec 127 CCA.....

[Never-In-Doubt]

Re: Marbles and Lowells

hehe - bet they just love you? Its like when the muppets ring me and say "we can wipe your debt" - if i'm in the mood i'll toy with them for a laugh, then let them know their shorcomings at the end (when i'm bored)...... however, it does become tedious but it is soooo funny when you tell them they are wrong, spurt some legal facts at them and end with "and I also work for the OFT" - usually its a deafening silence before they repeat what I said and hang up

You wouldn't believe it unless you heard it - it does make me chuckle though

[oscar]

Re: Marbles and Lowells

The latest installment - two letters, exactly the same, received on same day. (and written on same day) - and they wonder people think DCAs are incompetent!

Anyway, they have "noted my comments" made in this letter (template mentioned above). they go on to say that my agreeement was requested, but not under CCA ! (what other way is there!) However, in accordance with Sec78 - they are now requesting my agreement.

"Whilst we will endeavour to reply..... this is dependent on the original creditor"

Obviously not read Sec 189 then!

[oscar]

Re: Marbles and Lowells

Lowells have writen saying they have requested my agreement and OC is attempting to retrieve it. If it cannot be found, they will tell me. Once I have this agreement I need to pay them in full (apparently)

Wonder why they dont say "if we cant find it you dont have to pay us squat"