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** WON ** LP1 - is this a valid CCA? ( Lloyds )

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  • #46
    Re: LP1 - is this a valid CCA?

    Originally posted by Amethyst View Post
    2008 xx
    ok but still my point about the missing statutory data remains a good point even if the date falls away.

    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #47
      Re: LP1 - is this a valid CCA?

      A big thank you to everyone for all your help, advice, and kind support. :clap2:

      Okay, so I will be replying back to Lowell with an email below. I say email because, it was an email that kicked this all off again.

      I am going to be unemployed as of next week, as I am already paying back 2 x debts with Lowell, I needed to negotiate a lower monthly payment due to my impending unemployment - I did this by email. They emailed me back by email accepting my offer and asked if I wanted to set up payment for the account this thread relates to... so I was like.... eegghhh?? Explained in my reply email that I wrote to them 6 months ago stating it wasn't a copy of a credit agreement etc, and that they replied to me stating they had noted my comments and would be getting back to me shortly, as I had not heard from them in such a long time (6 months) and I considered the case closed, as they had previously stated. I was then responded back to and told that my email had been passed onto the relevant department who will be in touch shortly via letter. Low and behold, I receive that letter (I posted and image of it last Friday 06.03.15)..... that blasted 2 page Internet Banking Application, and this time, multiple copies of CC statements to provide evidence of me using the credit facility!

      Hopefully the below should keep them quiet....

      Dear Lowell,

      Thank you again for your somewhat delayed response to my request for a true copy of the alleged agreement under the Consumer Credit Act section 78.

      You must realise (again) the document copy you have sent to me is not a copy of a credit agreement and does not satisfy my formal request made under Section 78(1) of the Consumer Credit Act 1974 and does not comply with the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 in any case.

      You will be aware that under s.78(6) of the Consumer Credit Act 1974 while you remain in default of my request you are unable to enforce the agreement.

      Please send me a true copy of the credit agreement applicable to this account. I note that you say this IS a true copy in which case I ask you to stop any contact with me regarding this debt as there is no term that requires any repayment of money to yourselves or anyone else for that matter, nor term of variation and no interest rate applicable.

      Kind regards.
      Last edited by sleslie86; 9th March 2015, 09:44:AM.

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      • #48
        Re: LP1 - is this a valid CCA?

        Right, so that has been emailed. I'll let you know if I hear back from them and if they do, I will post up their reply to this thread,

        Thanks again for everyone's help. :beagle:

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        • #49
          Re: LP1 - is this a valid CCA?

          Good Morning Everyone - and thanks to everyone who helped me with this situation.

          Sorry for the late reply, but I did hear back from Lowell Portfolio regarding my final correspondence to them. I thought it only fair to share with everyone their final reply... final reply being a VERY GOOD thing!

          :bounce:

          Please share this example with those in similar situations as there could be lots of people paying off unenforceable debts.
          It would have been quite easy of me not to have shared this once I received the letter, but I felt it important to do so, to show everyone's efforts and charitable advice has not gone unnoticed.

          Keep up the good work guys and thank you so much!!

          :beagle::beagle::beagle:
          Attached Files

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          • #50
            Re: LP1 - is this a valid CCA?

            Congratulations xx


            Attached Files
            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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            But please include a link to your thread so I know who you are.

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            • #51
              Re: LP1 - is this a valid CCA?

              Ahh, great news, and even though they took their time, actually, well done to Lowells for closing it in a sensible manner rather than on the court steps.

              ( and I'm glad to know I wasn't having a nervous breakdown - it simply wasn't the agreement )
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

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              • #52
                Re: LP1 - is this a valid CCA?

                Originally posted by sleslie86 View Post
                Good Morning Everyone - and thanks to everyone who helped me with this situation.

                Sorry for the late reply, but I did hear back from Lowell Portfolio regarding my final correspondence to them. I thought it only fair to share with everyone their final reply... final reply being a VERY GOOD thing!

                :bounce:

                Please share this example with those in similar situations as there could be lots of people paying off unenforceable debts.
                It would have been quite easy of me not to have shared this once I received the letter, but I felt it important to do so, to show everyone's efforts and charitable advice has not gone unnoticed.

                Keep up the good work guys and thank you so much!!

                :beagle::beagle::beagle:

                And thank you for posting too.... we do like a happy ending and it really really helps other's with their own issues if they can see that other's have had a successful ( or unsuccessful ) outcome .
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

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                • #53
                  Re: ** WON ** LP1 - is this a valid CCA? ( Lloyds )

                  :rockon:Oh well done Sleslie and Amethyst! Fantastic news and good work. The tone of that letter was surprisingly humble but I had to laugh when they mentioned re-training the person who sent the document out claiming it was a proper CCA. They sent it twice so it looks like a lot of training is required!!!!!:tinysmile_twink_t2:

                  An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
                  ~ Anonymous

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