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  • #76
    Re: Loopyloo UE Diary

    Originally posted by Loopyloo View Post
    They make their millions from bullying vulnerable people that unfortunately don't know any better.
    That pretty much summarizes how many debt collection agencies operate
    "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

    The consumer is that sleeping giant.!!



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    Comment


    • #77
      Re: Loopyloo UE Diary

      [QUOTE=Loopyloo;371178]
      Originally posted by Loopyloo View Post
      HBOS Credit Card
      £3500
      Opened - 15/09/2005
      Last Payment - approx March 2009
      Not paying
      Owned by Lowell's
      Lowells are in process of sending cca.



      25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

      30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


      11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

      18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
      20/01/14 - Missing Prescribed Terms letter sent
      27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

      05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
      Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
      07/03/14 - Received same CCA again and copy of updated terms and statements. I presume it's the up to date terms anyway as the charges are listed as only £12 when it was £25 when opened, or is this a recon they have produced as well as the original?

      Update
      Will reply with missing PT letter again.

      Now for my really dumb question, I'm having one of they days! Below is why Niddy deemed this UE

      Originally posted by Never-In-Doubt View Post
      This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?


      Hence it is UE.
      The original CCA is clearly missing terms, but the updated t&c/recon have all the terms including the 12.2 condition and others that were missing - that doesn't matter though eh? It's still UE, as the original one that is signed does not have all the terms? Just to add they still haven't sent terms for the ppi.
      Last edited by Loopyloo; 7 March 2014, 17:30.

      Comment


      • #78
        Re: Loopyloo UE Diary

        you've got it.

        Comment


        • #79
          Re: Loopyloo UE Diary

          Thanks MrsD

          Comment


          • #80
            Re: Loopyloo UE Diary

            [QUOTE=Loopyloo;364406]HBOS Credit Card
            £3500
            Opened - 15/09/2005
            Last Payment - May 2009
            Not paying
            Owned by Lowell's


            Originally Posted by Never-In-Doubt
            This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?




            Hence it is UE.



            25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

            30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


            11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

            18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
            20/01/14 - Missing Prescribed Terms letter sent
            27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

            05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
            Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
            07/03/14 - Received same CCA again and copy of updated terms and statements. Will send Missing PT letter again.
            15/03/14 - Letter received 'they know of no reason why I have not made a payment yet' This has just crossed over with my Missing PT letter that was sent on 13/03 - I will ignore and see what's sent next.

            22/03/14 - Response received in regards to missing PT letter - "Please be advised that the Lowell group of companies at the point of purchase are assigned all the rights and benefits assoc with the acc but we do not hold copies of the agreements within our offices. Therefore we cannot provide you with any info regarding the agreement. HBOS plc however have already provided you with a copy of your signed agreement which included start date and to which a credit facility was extended to you, copy statements have also been provided to evidence credit used under this facility. The processes and procedures of Cap one (really I thought this was a HBOS card?) would not have allowed any credit facility to have been opened or utilised if they had not received a signed agreement. This agreement is fully enforceable, we require you to update us within 14 days with your clients financial situation to prevent us from litigating on the account.
            07/04/14 - Letter received - As they have now answered my query they would like me to arrange payment. If I'm not happy with the response to my query then I can call their query response team and they will be more than happy to help.

            Last edited by Loopyloo; 7 April 2014, 13:50.

            Comment


            • #81
              Re: Loopyloo UE Diary

              HBOS Credit Card
              £3500
              Opened - 15/09/2005
              Last Payment - May 2009
              Not paying
              Owned by Lowell's


              Originally Posted by Never-In-Doubt
              This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?




              Hence it is UE.



              25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

              30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


              11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

              18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
              20/01/14 - Missing Prescribed Terms letter sent
              27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

              05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
              Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
              07/03/14 - Received same CCA again and copy of updated terms and statements. Will send Missing PT letter again.
              15/03/14 - Letter received 'they know of no reason why I have not made a payment yet' This has just crossed over with my Missing PT letter that was sent on 13/03 - I will ignore and see what's sent next.

              22/03/14 - Response received in regards to missing PT letter - "Please be advised that the Lowell group of companies at the point of purchase are assigned all the rights and benefits assoc with the acc but we do not hold copies of the agreements within our offices. Therefore we cannot provide you with any info regarding the agreement. HBOS plc however have already provided you with a copy of your signed agreement which included start date and to which a credit facility was extended to you, copy statements have also been provided to evidence credit used under this facility. The processes and procedures of Cap one (really I thought this was a HBOS card?) would not have allowed any credit facility to have been opened or utilised if they had not received a signed agreement. This agreement is fully enforceable, we require you to update us within 14 days with your clients financial situation to prevent us from litigating on the account.



              Any idea how I should respond? They have provided signed agreement with missing terms, statements but they haven't provided any info on card ppi which is mentioned in the agreement so surely as that is still out standing from the cca request it's therefore unenforceable until they satisfy that? That's even before mentioning the errors within the agreement.
              Last edited by Loopyloo; 24 March 2014, 14:24.

              Comment


              • #82
                Re: Loopyloo UE Diary

                Originally posted by Loopyloo View Post
                HBOS Credit Card
                £3500
                Opened - 15/09/2005
                Last Payment - May 2009
                Not paying
                Owned by Lowell's


                Originally Posted by Never-In-Doubt
                This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?




                Hence it is UE.



                25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

                30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


                11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

                18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
                20/01/14 - Missing Prescribed Terms letter sent
                27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

                05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
                Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
                07/03/14 - Received same CCA again and copy of updated terms and statements. Will send Missing PT letter again.
                15/03/14 - Letter received 'they know of no reason why I have not made a payment yet' This has just crossed over with my Missing PT letter that was sent on 13/03 - I will ignore and see what's sent next.

                22/03/14 - Response received in regards to missing PT letter - "Please be advised that the Lowell group of companies at the point of purchase are assigned all the rights and benefits assoc with the acc but we do not hold copies of the agreements within our offices. Therefore we cannot provide you with any info regarding the agreement. HBOS plc however have already provided you with a copy of your signed agreement which included start date and to which a credit facility was extended to you, copy statements have also been provided to evidence credit used under this facility. The processes and procedures of Cap one (really I thought this was a HBOS card?) would not have allowed any credit facility to have been opened or utilised if they had not received a signed agreement. This agreement is fully enforceable, we require you to update us within 14 days with your clients financial situation to prevent us from litigating on the account.



                Any idea how I should respond? They have provided signed agreement with missing terms, statements but they haven't provided any info on card ppi which is mentioned in the agreement so surely as that is still out standing from the cca request it's therefore unenforceable until they satisfy that? That's even before mentioning the errors within the agreement.
                Any idea?

                Comment


                • #83
                  Re: Loopyloo UE Diary

                  Originally posted by Loopyloo View Post
                  HBOS Credit Card
                  £3500
                  Opened - 15/09/2005
                  Last Payment - May 2009
                  Not paying
                  Owned by Lowell's


                  Any idea how I should respond? They have provided signed agreement with missing terms, statements but they haven't provided any info on card ppi which is mentioned in the agreement so surely as that is still out standing from the cca request it's therefore unenforceable until they satisfy that? That's even before mentioning the errors within the agreement.
                  Just ignore them for now...... Don't worry.
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                  Comment


                  • #84
                    Re: Loopyloo UE Diary

                    Originally posted by Loopyloo View Post
                    HBOS Credit Card
                    £3500
                    Opened - 15/09/2005
                    Last Payment - May 2009
                    Not paying
                    Owned by Lowell's


                    Originally Posted by Never-In-Doubt
                    This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?




                    Hence it is UE.



                    25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

                    30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


                    11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

                    18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
                    20/01/14 - Missing Prescribed Terms letter sent
                    27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

                    05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
                    Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
                    07/03/14 - Received same CCA again and copy of updated terms and statements. Will send Missing PT letter again.
                    15/03/14 - Letter received 'they know of no reason why I have not made a payment yet' This has just crossed over with my Missing PT letter that was sent on 13/03 - I will ignore and see what's sent next.

                    22/03/14 - Response received in regards to missing PT letter - "Please be advised that the Lowell group of companies at the point of purchase are assigned all the rights and benefits assoc with the acc but we do not hold copies of the agreements within our offices. Therefore we cannot provide you with any info regarding the agreement. HBOS plc however have already provided you with a copy of your signed agreement which included start date and to which a credit facility was extended to you, copy statements have also been provided to evidence credit used under this facility. The processes and procedures of Cap one (really I thought this was a HBOS card?) would not have allowed any credit facility to have been opened or utilised if they had not received a signed agreement. This agreement is fully enforceable, we require you to update us within 14 days with your clients financial situation to prevent us from litigating on the account.

                    This account has been playing on mind, I've not received anything since Lowell's last letter.

                    I have never formally done a formal s.78 request on this account and paid the £1, Lowell's interpreted a 'prove it letter' I sent back in Oct 2013 as a s.78 request. Would this go against me in anyway, especially if I had to argue they had not satisfied the request as they hadn't sent the ppi terms and info? Could they argue it wasn't satisfied as I've never actually requested it? Am I reading too much into all this??!! I've not got long to go with this one and just want to make sure I've got all bases covered, I know there is a paragraph about s.77-79 in the missing PT letters I have sent so maybe that'll cover me.

                    Comment


                    • #85
                      Re: Loopyloo UE Diary

                      [QUOTE=Loopyloo;364406]HBOS Credit Card
                      £3500
                      Opened - 15/09/2005
                      Last Payment - May 2009
                      Not paying
                      Owned by Lowell's


                      Originally Posted by Never-In-Doubt
                      This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?




                      Hence it is UE.



                      25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

                      30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


                      11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

                      18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
                      20/01/14 - Missing Prescribed Terms letter sent
                      27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

                      05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
                      Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
                      07/03/14 - Received same CCA again and copy of updated terms and statements. Will send Missing PT letter again.
                      15/03/14 - Letter received 'they know of no reason why I have not made a payment yet' This has just crossed over with my Missing PT letter that was sent on 13/03 - I will ignore and see what's sent next.

                      22/03/14 - Response received in regards to missing PT letter - "Please be advised that the Lowell group of companies at the point of purchase are assigned all the rights and benefits assoc with the acc but we do not hold copies of the agreements within our offices. Therefore we cannot provide you with any info regarding the agreement. HBOS plc however have already provided you with a copy of your signed agreement which included start date and to which a credit facility was extended to you, copy statements have also been provided to evidence credit used under this facility. The processes and procedures of Cap one (really I thought this was a HBOS card?) would not have allowed any credit facility to have been opened or utilised if they had not received a signed agreement. This agreement is fully enforceable, we require you to update us within 14 days with your clients financial situation to prevent us from litigating on the account.

                      07/04/14 - Letter received - As they have now answered my query they would like me to arrange payment. If I'm not happy with the response to my query then I can call their query response team and they will be more than happy to help.
                      10/04/214 - One liner sent referring to my previous missing PT letter,

                      01/05/14 - letter received advising they have answered my query, and a copy & paste of what they send previous, including wrong card provider, wrong spelling of my name. They then go on to say they believe it is correct and accurate!
                      12/05/14 - Standard letter advising they have replied to my query and hope it now resolves things and they hope I'm now in a position to discuss repayment. If I'm still not satisfied with their response then call their query resolution team.

                      [QUOTE]

                      Afternoon all just an update on the above account. No they haven't answered my query, shall I ignore and see what they send next? There is no serious tone to their letter, no mention of legal action at all, or shall I send them a one liner referring them to the missing PT letter?

                      Cheers
                      Last edited by Loopyloo; 16 May 2014, 10:02.

                      Comment


                      • #86
                        Re: Loopyloo UE Diary

                        I would, I love a lovely paper trail.......................

                        Comment


                        • #87
                          Re: Loopyloo UE Diary

                          [QUOTE=Loopyloo;389919]
                          Originally posted by Loopyloo View Post
                          HBOS Credit Card
                          £3500
                          Opened - 15/09/2005
                          Last Payment - May 2009
                          Not paying
                          Owned by Lowell's


                          Originally Posted by Never-In-Doubt
                          This is UE as it is clearly only half of the terms. For example, there is no terms regards the PPI that you have opted into, likewise term 7 clearly mentions "under condition 12.2" - however that is the last term, where is 12.2?




                          Hence it is UE.



                          25/10/13 - Received letter from Lowell's advising they have contacted HBOS for copy of agreement and statement of account, and that account will be put on hold.

                          30/10/13 - Letter received from Lowell's stating that if I do not pay within 7 days my account will be passed on to Fredricksons


                          11/01/14 - Statements received as part of CCA request, they advised agreement should follow at some point. Niddy has previously looked at the CCA I received as part of a SAR and deemed it unenforceable so just a waiting game to see what Lowell's send. How slow are they though this was requested in October!

                          18/01/14 - Received CCA agreement from Lowell's, copy of the same agreement I received as part of my SAR.
                          20/01/14 - Missing Prescribed Terms letter sent
                          27/01/14 - Letter received requesting payment and that they know of no valid reason for why I haven't made a payment. Would like me to contact them to avoid further action from bring taken.

                          05/01/14 - Response to my Missing PT letter - they are treating it as a CCA request and are requesting the agreement from the original creditor.
                          Eh? I thought they'd done that! They quite clearly do not read their incoming mail and it's just a lucky draw of what template they'll send out next! Anyhow I'll be filing & ignoring this.
                          07/03/14 - Received same CCA again and copy of updated terms and statements. Will send Missing PT letter again.
                          15/03/14 - Letter received 'they know of no reason why I have not made a payment yet' This has just crossed over with my Missing PT letter that was sent on 13/03 - I will ignore and see what's sent next.

                          22/03/14 - Response received in regards to missing PT letter - "Please be advised that the Lowell group of companies at the point of purchase are assigned all the rights and benefits assoc with the acc but we do not hold copies of the agreements within our offices. Therefore we cannot provide you with any info regarding the agreement. HBOS plc however have already provided you with a copy of your signed agreement which included start date and to which a credit facility was extended to you, copy statements have also been provided to evidence credit used under this facility. The processes and procedures of Cap one (really I thought this was a HBOS card?) would not have allowed any credit facility to have been opened or utilised if they had not received a signed agreement. This agreement is fully enforceable, we require you to update us within 14 days with your clients financial situation to prevent us from litigating on the account.

                          07/04/14 - Letter received - As they have now answered my query they would like me to arrange payment. If I'm not happy with the response to my query then I can call their query response team and they will be more than happy to help.
                          10/04/214 - One liner sent referring to my previous missing PT letter,

                          01/05/14 - letter received advising they have answered my query, and a copy & paste of what they send previous, including wrong card provider, wrong spelling of my name. They then go on to say they believe it is correct
                          Recieved this in response to my one liner advising that they had not answered my query and to refer to my previous letter (missing PT)

                          Click image for larger version

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                          I really want to point out to them that I cannot believe anything they send is accurate or correct as they constantly spell my name wrong and refer to it as Capital One card. Should I ignore or send another one liner? Want to drag this out as not too long to go now

                          Comment


                          • #88
                            Re: Loopyloo UE Diary

                            I love their line of reasoning - "there must have been an application" giving rise to enforceability. That won't wash.

                            Ineffective, incompetent parasites the lot of 'em.

                            Comment


                            • #89
                              Re: Loopyloo UE Diary

                              [QUOTE=Loopyloo;394533]
                              Originally posted by Loopyloo View Post

                              Recieved this in response to my one liner advising that they had not answered my query and to refer to my previous letter (missing PT)

                              [ATTACH=CONFIG]11662[/ATTACH]

                              I really want to point out to them that I cannot believe anything they send is accurate or correct as they constantly spell my name wrong and refer to it as Capital One card. Should I ignore or send another one liner? Want to drag this out as not too long to go now
                              I'd wait and see what they do next, think of them like tired wee weans who just have to have the last yell before they fall asleep in their dinner

                              Comment


                              • #90
                                Re: Loopyloo UE Diary

                                [QUOTE=MrsD;394551]
                                Originally posted by Loopyloo View Post

                                I'd wait and see what they do next, think of them like tired wee weans who just have to have the last yell before they fall asleep in their dinner
                                I know that all too well, except its now a teenager that just always has to get the last word in.......gets it from me tho!

                                Comment

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