CC wrote:Point being, which templates are you asking about, the Common Law show me the contract etc way or the statute of show me the Consumer credit agreement way? I can name a lot of successes using the Consumer Credit Agreement way,but none using the 3 points under Common Law way.
Our Ref: 12345678
Original Creditor: HBOS PLC (in fact it was Halifax Bank, before the merger with BOS...)
Balance Outstanding: £00.00
We thank you for your recent letter and apologise for the delay in replying.
Your comments have been noted but we would advise you that, due to the nature of our client's (Is HBOS their CLIENT or did they "purchase" the debt from HBOS..?) archiving process, they are unable to provide any further information relating to this account.
The account has today been closed and we can confirm that no further action will be taken by us with regards to this matter.
We hope the above course of action meets with your approval and we apologise for any inconvenience caused.
= Scotland =
22. June, 2010
Kevin Allmark & copied to: Andrew Bartle
Collections Manager Chief Operations Officer
Lowell Portfolio 1 Ltd. Lowell Financial Ltd.
1 Apex View
Leeds LS11 9BH
= England =
( via Recorded Delivery )
Appointment of Appellate Officer - Reference Number: 12345678
Notice of Final Offer of Full and Final Settlement
Dear Kevin Allmark (and Andrew Bartle),
Thank you for your letter dated 25/05/2010 regarding the alleged Lowell Portfolio 1 Ltd. / Lowell Financial Ltd. account identifiable under reference number 12345678.
Your letter states: "What Happened? Our records show that you agreed to repay your account with us but for some reason you have stopped paying."
My records show - and I append them here for your information and action - that:
1.) On 10. February 2010 I sent Lowell Financial Ltd. a £1.00 postal order
and stated that I "formally request you to provide me with a true copy
of the credit agreement relating to the above (alleged) account. Also I
formally request an up to date statement of the (alleged) account and
any other documentation the Act (Consumer Credit Act 1974, section
77 (1) and section 78 (1) ) requires you to provide."
2.) I received three letters from 'Samantha Barnard' - not signed in ink by
by this alleged person - and in the last letter received from Ms. Barnard
(appended herewith) dated 11/04/2010 she states:
"After liaising with HBOS PLC in an effort to obtain this
document we have been advised that it is no longer available
due to the length of time since the account was opened with you.
"At this time we have closed our file and will not make any
further contact with you concerning payment against this
account unless the copy of the agreement is received at some
point in the future from HBOS PLC."
3.) On 23. March, 2010 I wrote to Andrew Bartle, Chief Operations Officer
of Lowell Financial Ltd. giving NOTICE that because Lowell
Financial Ltd. had failed to supply a true copy of the original
credit agreement upon which this alleged account is promulgated,
this alleged account entered into a default situation on 26. February
2010. In this same letter ( appended herewith ) I stated:
"As you are no doubt aware the Consumer Credit Act 1974
section 78 (6) states: "If the creditor fails to comply with
subsection (1) (a) He is not entitled, while the default continues,
to enforce the agreement."
4.) In this same letter (dated 23. March, 2010, appended herewith)
I gave STATUTORY NOTICE under Section 10 of the Data
Protection Act that Lowell must cease processing any data in relation
to this account with immediate effect. *Please read the enclosed
letters carefully and completely.*
5.) It is abundantly clear from your letter dated 25/05/2010 and from
a letter I received from Andrew Bartle, Chief Operations Officer,
Lowell Financial Ltd. dated 23/05/2010 - copies of both these letters
are appended - that neither Lowell Portfolio 1 Ltd. nor Lowell
Financial Ltd. has ceased processing any and all data in relation to this
alleged account, nor has either company ceased attempting to
enforce the alleged agreement between me and Lowell Portfolio 1 Ltd.
and/or Lowell Financial Ltd. - in contravention of the Consumer
Credit Act 1974 section 78 (6) - and in contradiction of the letter from
'Samantha Barnard' (11/04/2010) quoted above, stating that
"- we have closed our file and will not make any
further contact with you concerning payment against this
Therefore it certainly appears that Lowell Portfolio 1 Ltd., Lowell
Financial Ltd., and Andrew Bartle are each and all in dishonour.
6.) In my letter to Andrew Bartle dated 23. March, 2010, and again in
my next letter to Andrew Bartle dated 26. May, 2010, I gave NOTICE
of my OFFER OF CONDITIONAL ACCEPTANCE - to wit:
"I conditionally accept your offer to agree that I owe £2680.00
(as per your letters of 25th February, 7th of March and 14th of
March 2010), the remainder of an alleged debt originally
amounting to £3725.72, for services (apparently) rendered by
your company, upon proofs of claim..."
I have to date received no substantive response to my OFFER OF
CONDITIONAL ACCEPTANCE, and no proofs of claim have been
offered in support of Lowell Portfolio 1 Ltd.'s and Lowell Financial
Ltd.'s assertion(s) that I owe £2680.00 to Lowell Financial Ltd. or
Lowell Portfolio 1 Ltd. -
- no substantive response, I repeat, except SILENCE.
7.) In my letter to Andrew Bartle, Chief Operations Officer, Lowell
Financial Ltd. dated 26. May, 2010, I further gave NOTICE OF
OFFER OF FULL AND FINAL SETTLEMENT OF ALLEGED DEBT
( this letter is appended ). Please read this NOTICE carefully, Kevin,
It is on pages 5 - 7 of my letter to Andrew Bartle dated 26. May, 2010.
I have to date received no substantive response whatsoever to my
OFFER OF FULL AND FINAL SETTLEMENT OF ALLEGED DEBT.
The time-limit on the offer expired on 11. June, 2010, as it did
likewise on my FINAL OFFER OF CONDITIONAL AGREEMENT.
As I say, I have had no substantive response from Andrew Bartle,
Lowell Financial Ltd. and Lowell Portfolio 1 Ltd. except...SILENCE.
Kevin, as you now are a third party to my communications with Andrew Bartle, Chief Operations Officer, Lowell Financial Ltd., and in your capacity as Collections Manager for Lowell Portfolio 1 Ltd., would you please act as the APPELLATE OFFICER in this matter? If you agree to undertake this duty, I hereby appoint you as the APPELLATE OFFICER in regard to this alleged account, and ask you to conduct a review and Appeal of all the evidence I hereby submit, together with all evidence there at the companies.
Please carefully read through and review all the evidence I hereby supply to you regarding this alleged account.
It seems to me from the evidence in my possession that the alleged account is in default due to Lowell Financial Ltd.'s failure to supply a true copy of the original credit agreement, and due to Lowell Financial Ltd. and Lowell Portfolio 1 continuing to process my personal data in relation to this alleged account in contravention of the Data Protection Act;
- due to Lowell Financial Ltd. and Lowell Portfolio 1 Ltd. continuing to contact me concerning payment against this alleged account in contravention of the Consumer Credit Act 1974 section 78(6) and in contradiction to 'Samantha Barnard's letter of 11/04/2010 stating that "At this time we have closed our file...";
- and finally the entire matter has not been settled despite my many offers of conditional acceptance and of full and final settlement of the alleged debt.
I am copying this entire file and sending it to Andrew Bartle, Chief Operations Officer, Lowell Financial Ltd. and I hope and trust you will act as the APPELLATE OFFICER in this matter, in order to arrive at a remedy for all concerned, for all parties to avoid dishonour.
NOTWITHSTANDING the expiry of my OFFER OF FULL AND FINAL SETTLEMENT of this alleged account, I hereby make my FINAL OFFER OF FULL AND FINAL SETTLEMENT to Andrew Bartle, Chief Operations Officer, Lowell Financial Ltd., and to Lowell Portfolio 1 Ltd. as follows:
NOTWITHSTANDING the current default situation in effect with regard to this alleged account, and notwithstanding your own current state of dishonour in this matter, please read the following notice thoroughly and carefully before responding.
It is a notice. It informs you. It means what it says.
Bearing in mind that, as stated by 'Samantha Barnard' in her letter to me dated 11/04/2010:
"After liaising with HBOS PLC in an effort to obtain this document (the
true copy of the original credit agreement for this alleged account)
we have been advised that it is no longer available due to the length of
time since the account was opened with you."
"At this time we have closed our file and will not make any further
contact with you concerning payment against this account unless
the copy of the agreement is received at some point in the future
from HBOS PLC." - and:
Bearing in mind that since Lowell Financial Ltd. and Lowell Portfolio 1 Ltd. had NO ORIGINAL CREDIT AGREEMENT upon which to base this alleged account in the first place, therefore the alleged account must have been created due to administrative error on your part and on the part of Lowell Financial Ltd. and Lowell Portfolio 1 Ltd.; and:
Bearing in mind that because I have received no true copy of the original credit agreement from Lowell Financial Ltd. since "Samantha Barnard" 's letter of 11. April, 2010, it therefore seems more than likely that neither you, Lowell Financial Ltd. nor Lowell Portfolio 1 Ltd. is going to respond in substance to my OFFER OF CONDITIONAL ACCEPTANCE because no Proofs of Claim can be offered;
Bearing in mind that I have to date paid the sum of £1045.72 to Lowell Financial Ltd. toward an alleged debt account that had no basis or substance whatsoever, and which must have been promulgated due to administrative error on your part;
Bearing in mind that in spite of this administrative error, Lowell Financial Ltd. might still have been acting in good faith, believing it had purchased this alleged debt from HBOS PLC (as I take to be the true state of affairs from the point of view of you and your company) and therefore you probably felt you had a right to pursue this matter and seek payment from me;
Bearing in mind that a certain proportion of the alleged accounts currently managed by Lowell Financial Ltd. have probably been similarly promulgated through administrative error;
Bearing in mind that in spite of these circumstances, Lowell Financial Ltd. provides employment to a great many people in the Leeds area, and it would create great financial hardship on Lowell's current employees - including yourself - if Lowell were to cease trading due to an overwhelming preponderance of these "administrative errors" being finally recognised for what they are and the alleged debtors stopping all payments promulgated upon such administrative errors, and you were all to lose your jobs;
I wish to offer Lowell Financial Ltd. the sum of £545.72 (five hundred forty-five pounds and seventy-two pence) in full and final settlement of this alleged debt identifiable under your reference number 12345678 - without any admission on my part of there being the slightest basis whatever for this alleged debt, Without Any Admission of Any Liability Whatsoever and With All Natural, Inalienable Rights Reserved - and only because you and Lowell Financial Ltd. may have believed you acted in good faith when you purchased this alleged debt from HBOS PLC (as I take to be the true state of affairs from the point of view of you and your company) and I do not wish for the company to cease trading nor for a default to be lodged in any court against you personally nor against the company, for the reasons I have stated above.
Bearing in mind that I have already paid the sum of £1,045.72 (one thousand forty-five pounds and seventy-two pence) to Lowell Financial Ltd., if you accept this, my FINAL offer of Full and Final Settlement, I expect Lowell Financial Ltd. to reimburse me the sum of £500.00 (five hundred pounds sterling ), and this reimbursement may be made to me either via a crossed cheque or bank draft payable to "babaguy" and sent to the address above, or by way of a chargeback to the card from which the original payments were made to Lowell Financial Ltd. (due to the administrative error on your part), and I also expect you to notify all credit reference agencies that this alleged debt has been paid in full, and to update your own ledgers and accounts that this alleged debt has been paid in full and that the account is now closed with a zero balance.
If you agree to my FINAL OFFER OF FULL AND FINAL SETTLEMENT, you have twelve (12) working days from the date of this letter to accept in good faith this offer and to make this reimbursement to me, and I also require Lowell Financial Ltd. to notify all relevant credit reference agencies that this alleged debt has been PAID IN FULL.
There is a time-limit on the agreement being offered. It is reasonable, and if it runs out then you and all associated parties are in default, removing any and all lawful excuse on your part for your proceeding in this matter. For this reason it is important that you consider and respond to this offer in substance. The 'nearest official form' will not suffice, and consequently is likely to be ignored by myself without any dishonour on my part.
I look forward to hearing from you and to receiving the reimbursement of £500.00 within the next twelve working days. If there is no response from you, then you and all associated parties are in default, and I'm afraid I must reluctantly reserve the right to pursue you, Andrew Bartle, personally for the full amount ( £1045.72 ) paid by me, as there is certainly no basis whatsoever for this alleged debt, promulgated through administrative error - or, at the most unpleasant construction, through fraud.
Thank you. Kevin, for your time, care and attention in this matter, and I look forward to hearing from you - with remedy! - at the earliest opportunity.
I am yours sincerely, without ill will, vexation or frivolity,
Without Any Admission of Any Liability Whatsoever, With All Natural, Inalienable Rights Reserved.
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