I started another thread a year or so ago, and received great advice.

In the end, we sent CCA requests to the creditors and I believe two sent responses.

We didn't make any settlement offers.

In fact we decided in view of the fact that the defaults would likely remain whatever we did to do absolutely nothing and see what happened next.

The baby is now 10 months old, and our housing situation is now secure

- some family money has meant that a house is now owned outright in my sole name,

for the time being we no longer need to concern ourselves with mortgage applications or credit checks for tenancies.

Obviously those maternity leave savings are long gone!

However, we have been putting around £180 a month into savings,

earmarked ideally for future unforeseen events

but with the idea that they could be used to pay off anyone if that really becomes necessary.

That figure currently stands at about £600, but will hopefully continue to grow now I'm back at work.

Obviously things have moved on from the creditors side and various threatening letters have started to arrive.

The most recent today, from Lowell, who it appears have bought the shop direct debt (£2487), which is entitled 'pre-legal assessment'.

Do we need to be concerned by this?

From a quick search it would seem perhaps not, or at least not yet?

I understand a claim form is the one thing that should not be ignored.

If that arrives though, what would happen next?

The history of these debts would mean their becoming statute barred is still a long way off (5 years).

Am I missing any other possible responses to a claim form that would have a positive outcome for him / us??

Any more advice would be appreciated.

CCA request time if you get worried.

Hi Molly

Glad to hear life is on the up for you

Did you ever get a response on a CCA from Lowells?

Sorry for the delay in responding. Life has got on top of me...

I've pasted this from further up the thread. CCAs were sent to all of them. I've noted what came back and where things are at now with each.

Capital One

Date of default 09/05/16

Default balance £566

Current balance £562

Replied with 'a reconstituted copy of your original agreement'. This did include a scanned copy of the signature page. Returned on 12th October 2016. He got a letter recently saying that this has been passed on to Lowell.

Lloyds

Date of default 10/06/16

Default balance £1555

Current balance £1553

Never replied to the CCA. Wrote this month to inform that they've sold the account to Robinson Way.

Barclaycard

Date of default 01/08/16

Default balance £590

Current balance £589

Also never replied to the CCA. As far as I know, we've heard nothing from them.

An unsecured loan:

Madison CF UK (118 Money) - taken out 22/07/2014

Opening balance: £2905

Date of default 31/03/16

Default balance £3630

Current balance £3625

Didn't reply either. Again, nothing from them to my knowledge.

An account with some kind of 'buy-now-pay-later' catalogue

Shop direct finance

This is showing as not in default - oddly,

this is showing as no account information in recent months (since Stepchange got involved) on noodle

Current balance £2493

He received a reply from this one, which said an application was made through their website using an online form and terms and conditions were accepted by ticking a box. A standard issue credit agreement has been printed off and enclosed. This is the account that has been passed to Lowell, and was the subject of the 'pre-legal assessment' letter I mentioned above.

The last token payments through stepchange were made in December of last year.

Is there any value in re-sending CCAs? Or should I just keep filing the letters away and hoping 5 more years will pass as the last one has?

Any advice welcomed.

I wold expect the lowells ones have been SOLD not passed on.

so a CCA request on those two yes.

Let me start by saying how thankful I am to this site and the knowledgeable posters who are always so quick to assist.

It is so much appreciated!

The letters continue to arrive and a somewhat worrying one came on 31st December

(I know I should probably not have left my query this long...)

It's a letter of claim from Lowell Solicitors in respect to the shop direct account with a balance of £2487.

They say they are going to issue a claim without further reference to my partner.

I never did send the CCA, and feel v stupid about that now.

Should I do that today with urgency?

What is likely to happen next?

Thanks for your advice, as always...

they do issue claims regardless, of outstanding issues

send CCA request now with £1.00 Postal order "For Regulatory purposes Only" use

Thank you. I will send it today.

Do you know which section of the act this account would fall under?

It wasn't a credit card, looks like it was some kind of finance on goods but as it wasn't my debt it's hard to know.

The original creditor was 'shop direct finance company limited' and it seems it was taken out online at very.co.uk

read the posts under the CCA request link

if its a pre action protocol letter like here

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

you need to read and follow post 6 in the above

just reword where it says credit card to shop direct mail order account

Thank you dx100uk, it does seem like it was one of these.

So I should send the CCA today with the form filled in as described in the linked post?

Can't believe I have left this longer than the prescribed 30 days! That is likely to make things worse I fear...

doesn't matter.

so PAP response form in post 6 of that thread

and

CCA request

1st class post today

use free proof of posting from the PO counter when you get the £1PO for the CCA request

don't forget..DO NOT SIGN ANYTHING

Have filled in name & address, boxes D&I, & printed name only.

Written a separate list of the documents required (no room on the form)

Do I staple both of these to the CCA letter & send all together?

I am in the same situation as your other half due to family situation and long term illness from work so my disposable income plummented ,

I offered f & F to everyone explaning the situation and said this is the offer take it or leave it

2 did other did not but with the risk that I would be paying them £1 a month .

It take some doing

but the first thing to do is do a I & E form like on the nation debt helpline and then you can see what disposable income he has .

As long as the debts are solely in his name then its his income you put done and if it comes down to it all he can offer is £1 month then that's all they get . Also stay off the phone .

Put is bluntly no one can get blood out of a stone .

But believe me when you get it all sorted it is such a weight lifted from your shoulders

Have filled in name & address, boxes D&I, & printed name only.

 

Written a separate list of the documents required (no room on the form)

 

Do I staple both of these to the CCA letter & send all together?

Lowell sols are the same address as lowells so yes

So I did this and a week ago had something back from Lowell Solicitors...

'Please find enclosed a copy of the agreement, statement, screenshot of the default notice and notice of assignment as requested from the original creditor.

We have suspended activity on the account for 30 days to allow you time to contact us with your intentions towards the above balance.

If no response is received, a County Court Claim form may be issued incurring costs. If you do not respond to the Claim we may apply for a County Court Judgement (CCJ) which could impact any future credit applications, etc...'

Enclosed was a letter introducting Lowell (July 2017), a indecipherable screenshot of something printed in green on a black background, and a copy of the credit agreement (unsigned). There is nothing detailing the payments made on the account, which I'm sure was one of things requested.

The original credit limit was £1000. The balance now stands at £2487.09.

Does anyone have some advice on what we should do next?

Thanks in advance.

Post up the docs plz

Hope this is ok!

attachment.pdf

well the agreement wont be signed will it

you signed up online?

but that's all std stuff they can download even from this site and type you husbands name on to it.

no default notice either

I think the green / black thing is supposed to be the default notice, or a screenshot thereof..

Yes, you're right it taken out online, so I suppose the lack of signature is to be expected.

no its a screen shot of some computer data screen

but it wont wash as a default notice

they've tried that grab a screen act = proof of a DN before and failed.

if you use our search CAG box of the red top toolbar

you'll find them

something like

Lowell claimform cat debt

look for other attachments in posts like a claimant witness statement ...CCA return or CPR return

Well my reaction to what they sent was it seemed insufficient compared to what I asked for but then again I have no frame of reference for what I should be expecting.

I know I asked for details of the payments made on the account (it was originally for £1k and now is in excess of £2k and payments were made for a while at least).

According to their letter, the account is currently on hold, but they MAY file a claim etc etc.

Should I just wait it out and see if any further communications arrive?

Or reply and point out what is still missing from the list of things I asked for?

Or something else entirely?

no you don't reply

might help to sar shop direct

lets see what all this extra stuff is

well that is easy to do. Even though Lowell own the debt now?

Yep - Data is still held with SD

Lowells only receive limited info.

Have read the linked post on SARs.

I notice it says...

'if you have moved since taking out 'whatever' you are sending the SAR for

you should include a list of your addresses from the time of taking out the 'whatever'

and if you have moved

its worthy to include a copy of your current CTAX bill

to prove who and where you are now.'

My partner has moved a few times since this was taken out in 2013. He should include all addresses? This house / all bills here are in my name only. What can / should he include instead of the c-tax bill by way of proof of address / identity?