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  1. Hi All I was hoping for some help with this credit agreement that was sent over from Capquest in reply to my CCA request. It's a shop Direct agreement and to my eyes it appears to have all the ingredients of an enforceable agreement. There is no actual signature but my name and date is printed in the signature line, there are terms and conditions along with a date. The debt will slip off my Credit file on the 27th August 2019. If it is unenforceable I am inclined just to leave it and let it fall off my file in 2 years. However if it is enforceable I would like to be able to prevent Capquest issuing me with a CCJ? Any advice would be appreciated. PS The attachments are in the form of a Zip file, as it wouldn't allow me to directly upload the JPEG. Regards Jonathan Doc 3 Sep 2017, 16-28.pdf
  2. Good morning all Have been an avid reader of CAG for some time. I currently have an alleged debt with shop direct which is being dealt with by Lowells. The debt is for £2k+ I have read the guides and templates available and sent a CCA request to Lowell's in November. I finally received 2 signed documents. You can see on one document the key financial info is set at £36. The other document Is signed and the account number is the same as the first document. Note that the dates are different so the documents were not signed together. Any help or pointers would be greatly appreciated. Many Thanks
  3. Hi, I've been corresponding with Lowell, who have bought a debt that I had with Shop Direct. They have sent me the following documents which I have uploaded as a PDF. Is this enforceable? Many thanks. Edited DocPDF.pdf
  4. As a landlord I am continuously surprised at what tenants will allow them selves to be conned into, this tale hurts my sense of fair play to tenants and I hope you guys can help. My friend is the 4th tenant T4, in a shared flat above a shop in south London (shop also owned by LL). It seems to be on individual contracts. The LL assigned my friend T4 with the responsibility of paying the metered supply water bill to the water company (lets call them WC as I am not sure who they are as yet). She calls WC and they arrange 1/4ly DD of £300. Although they did not change the name on the bill it remains the name of the previous tenant even though now T4 is paying the DD and collecting the other shared contributions from the T1, T2, and T3 At some point it is discovered that the shop below, with a loo and a kitchen, are on the same meter, and that the WC has them on a commercial rate. T4 asked the WC to come and see what was up and they confirmed single meter, commercial rent, and that meter had not been read correctly since june2018 and they in fact owe 2K in back charges. So T4 and her pals have been paying the water for the shop since June last year, the LL knew this but did not tell T4 or her buddies. They have spoken to resolver who have said because the water comes in via the shop, then they must pay commercial rates - its about twice what a normal water bill should be - now I think resolver probably cannot think outside the box here... Anyway what to do? I am tempted to advise T4 to just stop paying and give the WC the LL name and address as the bill payer. I feel like LL has committed a fraud by a) not telling them they were paying for the shop, and b) not paying to have a 2nd supply added to the flat. T4 is moving out at the end of April 19 and wants to try and resolve it so that she does not have to pay these ridiculous water charges. WC seem ambivalent, (as you would expect, they are making the dough right now) LL said tough **** sort it out with shop below. T's 1-3 are spineless and my friend T4 is trying to sort it out. Any advice?
  5. This is a thread to contain my payday loans, my original one is here: HERE Here is a list of the payday loans i taken out from 2011-2014 (ish) The last contact i made with them was December 2017 as instructed by Redbridge Finance a company who was "supposidly" going to help me claim compensation from them. Wonga Quickquid Payday express Mr lender Myjar The money shop The cheque centre To name but a few, there are probably more but it really hurts my head when i try and think back. I am not being chased for any of the above debts at the moment, and not all of them are on my credit report. The only ones that are on my Noddle credit report are: Lantern: a debt collection agency wanting £262 default date 11/08/2014 Advance against income Active securities LTD a debt collection agency wanting £442 Default date 07/09/2014 I'm not sure which company they are from (original creditors) , i haven't heard anything from them ever although all of my debts were taken out at my old address. There are probably more than the ones i listed at the top of the page, but it's going back a long time and feel free to read the thread linked in the top for a short back story going back to 2012. I was hoping for some advice on where to go from here, redbridge tried to put a claim in against Wonga, filed a complaint against the FCA to find they went bust. Thanks so much in advance.
  6. Hi all, I received a letter today from BWLegal in relation to a debt of £704.80 original debt was with The Money Shop, payday loan of just over £100.00. The debt is due to be made SB in March. The letter is threatening to take me to court and place a CCJ on my credit file. I have typed the below letter and would appreciate any feedback you could give. This will be the first letter they have received from me, I have not made any contact with them previously. I have also typed out the content of the letter I received from them today. 16th January 2019 CCA Request removed please do not post our template requests. The Below is a rough outline of the letter received today Dear MR XXXXXX We have been instructed by PRAC Financial Ltd to commence legal action in the form of issuing a claim against you in the county court, without further notice, in respect of the above debt. If payment or response is not received before the 14th February 2019. If you dispute this debt please tell us why so we can help resolve this matter. Estimated Claim Such legal action may result in you being liable for court fees, solicitors costs and statutory interest which are listed below: Principal Debt: £708.74 Estimated Interest: £118.37 Estimated Court Fees: £60.00 Estimated Solicitors cost: £70.00 Enclosures Enclosed with this letter are: Information Sheet Reply Form Income & Expenditure form Particulars of the debt On 20 February 2013 you entered into an agreement with Instant Csh Loans Ltd t/a The Money Shop to provide you with a fixed sum Loan agreement account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and has since been assigned to our client on the 9th December 2016. Notice of this assignment has previously been given to you. Our client is not currently applying any interest, fees or charges to your account. Any help with my CCA Request letter is greatly appreciated, I want to make sure I have the correct sections quoted etc. Thanks in advance regards Veteran6224
  7. Hi all, A query regarding very online shopping, hopefully someone can confirm my question. I purchased an item from very on the 18th of october 2017 on a 12 months buy now pay later basis. According to very the full balance was due on the 21st september 2018, i have missed this by 2 days (paid on the 23rd sept) and i have been charged the bnpl interest,very are not willing to refund the interest. I was just wondering whether very have the correct payment due date? It doesnt seem right to me, very work on 28 day statement basis. Can someone who has been in a similar situation clarify if the payment due date is correct please.
  8. Hi there. My husband is trying to claim ppi from Littlewoods/shop direct. He has received a letter from then saying he did have ppi with cover plus. Start date was in 1994. It was fully paid. The thing is, they have enclosed a claim form from the FOS. Why would they do this? Many thanks
  9. Hi All, Looking for some advice and guidance please. I had two accounts littlewoods and very, both had payment protection on them. I run the accounts fine for years and then got into a bad patch financially and couldn't afford to pay them, it didn't help that I was being paid monthly and the statements were 4 weekly. Shop Direct sold the debt to Lowell, I now have a CCJ for the one account. But they piled on a load of charges and interest before they sold the debt to Lowell, and what was a £2k debt between two accounts is now a £3.7k debt. Any advice with this? Or should I just accept it is what it is and continue paying the amount agreed with Lowell. Thanks in advance Sarah
  10. just had a letter from my current Gas/Electricity suppliers EBICO, saying that because Government will introduce a price cap on variable/default tariffs from end of 2018, that my current ZERO tariff (no standing charge) will come to an end. This will mean for my supply, that I will see an increase of about £100 a year. EBICO say that because of the Goverment price cap, the current tariff they provide to me, will become commercially unsustainable. I have done a few calculations and if I switch suppliers, I can limit the increase to about £50 a year, moving to a supplier that does not charge for cancelling early. In the Spring of 2019, I can then look again and see if it is worth switching again. Thought I would post this, as from memory there are a number of people who post on CAG that were with EBICO. Also going into Winter, with many suppliers currently changing tariffs, it may be worth people shopping around to see if they can save money.
  11. Can't find a sar template for shop direct can anyone help? i intend it to send it via email, dont want to post or have facilities to print etc. email only. Basically I just want all statements including charges, how much i paid etc as i want to reclaim unfair charges eventually once i know all the facts its for littlewoods and very and the accounts were started in 2010/11 i believe, will they provide for the entire 7 or 8 years?
  12. hi everyone, I'm looking for my advice i have a shop food which has been open a little over 7 months and i have just seen my landlord is stealing my electric for the flats he is doing up. upstairs which is a full on building site and the wire coming out my meter is a very big thick one so i know hes running alot of juice i have no idea how long this has been going on but it looks like its been done very dangerously and a real bodge it job ive sent videos and pictures to 3 electricians i know which say he is for sure stealing my electric. Now i have no idea how long this has been going on so first thing im going to do is insist he re emburses me for every electric bill ive ever had as i have no idea what hes used and what he hasnt. also the shop has never really got off the ground and to be honest its absolutely dying at the minute were open 12 hours a day 6 days a week and its not uncommon to take £60 a day sometimes as low as £30 (terrible i know) and to be honest i would like to be able to get out of my lease because were getting deeper and deeper in debt and a rogue landlord doesnt help by stealing out electric. could i get out of my lease and demand by deposit back or threaten with legal action? because of course breaking the law? or will i at best get my electric bill re embursed? thanks in advance
  13. Morning everyone Received letter from Shop Direct on 28th March to say they sold my Very account to them. Shop Direct is still showing on my credit file. Could anyone advise who I should SAR? Thanks so much
  14. Hello, I bought an ankle brace online and it doesn't fit well at all, so I would like to return it, but I've just seen that the company charges a 15% restocking fee on returned goods. The item was bought about 3 weeks ago. I was just wondering if they're allowed to do this seeing as I haven't diminished the value of the item. Thanks in advance for your help!
  15. My wife has been employed by the local pub owner who took on the lease of the village shop three years ago. My wife was employed from the outset to work in the shop. Since day one she has consistently worked over 28 hours a week at a rate above the NMW. She has been paying tax, NI, pension etc and has received holiday pay. However, she was never given a contract of employment. The pub owner has now bought the land that the shop is on, and plans to demolish it and build houses on the land, meaning the shop will close. He is however going to open a small "shop" within the pub to sell essentials such as milk, papers, cigarettes etc. The boss has told the staff nothing more than "I am closing the shop at the end of April and you won't have a job anymore", however he has failed to put anything in writing at all. I have several questions which I hope someone can answer 1) The boss is suggesting that as he never agreed in writing to a set number of hours a week, the position was one of a "zero hours contract". However my wife has worked 28+ hours every week since she started. Am I right in assuming that the 28+ hours a week, in the absence of a contract are implied terms and those are the terms are legally binding. 2) Until as such time as he informs my wife in writing that he plans to close the store and her position is redundant, then legally she is still employed on the terms that she's worked to for the last 3 years. 3) Even without a contract of employment, my wife is still entitled to written notice of redundancy. How much notice is she entitled to, and should the shop close before that notice period expires, he then would still have to pay her in lieu of notice. 4) Unless he puts it in writing that the position is redundant, then is he legally obliged to pay her for the hours she would have been working for had he not closed the shop. Any advice and answers to the questions above would be greatly appreciated. Thanks
  16. A long story! My brother was accosted whilst in a Morrison’s supermarket & accused of shoplifting,on 12th March 2018 (since this, I witnessed at least 4 people doing the same thing as my brother) We made an in store complaint in a record book as no manager present, I then complained via their website & email & also to the Liverpool Echo over his treatment as my brother is a very ill man due to pancreatic cancer, Morrison’s supermarkets Plc have stated to a reporter with the Liverpool Echo " They have said that your brother is a known shoplifter to the store and on the second occasion was caught with four bottles of champagne." its stated that he was caught by the store undercover security team & photographed! It took over a week before anyone from Morrisons called us & this after me sending about 4 email requests for information , I was met with constant refusals On the day this was alleged to have happened, he was home all day ill as the previous day he had chemotherapy for advanced pancreatic cancer, We also have a letter from the district nurse who visits him every day to recharge his driver who states its physically impossible for him to carry 4 bottles of champagne! I have now completed the Subject Data Access request form and we look forward to receiving a full written apology from Morrison’s Plc Its virtually impossible to get to speak to the hierarchy at Morrison’s does anyone have any advice please
  17. Hi all Apologies if this isn't right as i'm new to the forum as i'm looking for some advice. I saw that others have had a similar experience to me and was hoping you could help me too. Last week I had a Sheriff Officer at my door who in the end put the form through in regards to the Simple Procedure Claim relating to a debt from 2012. This got me concerned which led me to do a bit of searching on the internet for advice. The debt came from a time when I took on far to much and in the end couldn't afford to make payments. Yep, it was a stupid decision and one i've regretted for the last few years and this particular one is from Isme for approx £614 I believe, would need to double check the form. I actually think that the debt is Statute Barred, based on when i made the last payment which i think was back in 2012 from what i have on my bank statement. Capquest are claiming that the last payment was in July 2013, however i also had a very account which i was making payment to and the account number on the form is for Isme, which was different. As the payments were to Shop Direct as a whole would this be counted as my last payment even though it's a different account? I do know that Isme is now essentially Very and doesn't exist anymore. When i signed into my account it was via the very website, although I had to choose the separate account number for Isme. When I get home i can post more information if required although any help/advice would be greatly appreciated. Thank you
  18. I recently bought (January 18th 2018) an ex display sewing machine for £1499.00 (advertised on their website that ALL of their ex display machines are serviced before going out to customers) first off the lady on the phone told me that they do not post out on Saturdays and it would cost £20 for delivery, as this was on a Thursday I failed to see the relevance. The machine was posted out via courier (Parcel Force) and arrived on January 20th. I set the machine up (Husqvarna Topaz 50) downloaded the complementary software from the Husqvarna site and prepared to sew by connecting the machine to my laptop, there was NO response from the machine, the USB port on the machine was not lightning up. All I could do was sew designs that came pre-programmed with the machine (which defeats the object and pleasure of being able to transfer bought designs) I contacted the shop and the person who answered the phone immediately tried to blame the courier for 'throwing' the machine around, however, she did say that sometimes during transportation that the USB cable can become dislodged from the Motherboard, she made arrangements to have the machine collected, it duly was (January 25th) While I was on the phone with the assistant I asked her for the invoice and serial number of the machine so that I could register it (safeguarding my warranty) she told me I needen't worry as they would be registering the machine on my behalf. It did cause some concern to me (which I tried to get across) but was spoken 'down to and over' All my partner (whose credit card was used to make the payment) had was a till receipt and a Barclaycard statement indicating that a payment had been taken out by the establishment. On January 27th the machine was returned to me, I once again set it up only to discover that the machine would not stay threaded, the top thread kept 'leaping' pout of the take-up lever/rocker arm, sending messages on the screen to clear threads from the embroidery area when there were NO threads present. I phoned the shop (AGAIN) They told me it was 'user-error' from my end and that I MUST have been using 'cheap' threads, the wrong stabilizer, did I 'floss' the machine (flossing: hold the SILK threads in BOTH hands and do a sawing motion through the tension disks)..... As anyone who sews knows that silk is NOT the strongest medium for sewing, it is a soft material only used for decorative sewing. The lady on the phone 'walked me through' a few steps (don't know how she could tell what I was or wasn't doing on the phone.... Immediately after threading and placing my foot on the pedal the thread broke, her remark was....'Hmm, never had one that went THAT quickly) I know, should have recorded phone call. I again phoned on the 29th, they insisted I 'pop' along to the shop and use the machine in front of them to see if I was doing something 'wrong' Now, I told them that it wasn't THAT easy for me to get to them (they are nearly 70 miles away from me) Sn February 2nd I phoned them and told them in no uncertain terms that I DO NOT want the machine and could I have the money credited to my partners credit card, at this time I was speaking to the wife of the owner who told me I was NOT entitled to any sort of refund!! I told my partner who rang them (Feb 2nd) somehow they managed to persuade him to allow them to a SECOND repair.......I categorically told them I did NOT want the machine!! I sent a recorded letter informing them that I am NOT willing to accept something that does not fit the bill of 'in perfect working order' When my partner spoke to them they had agreed to send a courier to collect the machine. I also sent them a video of the machine acting up. I followed up with ANOTHER recorded letter (after taking advice from Which Magazine) legal team, sent a short term right to reject (?) letter.................. The shop owner still ISN'T playing ball, he's still insisting that I 'pop' over and take advantage (only offered after the first letter to him) of their two day 'getting-to-know-your-machine' course. In a letter he sent to me (dated Feb 13th) he said he would be more than happy to prove to me that there was NOTHING wrong with the machine and that I had accepted the machine with a fault (he's admitted that the machine came to me with this fault) he also states that if I no longer want the machine that I should say so in writing and he could sell it on my behalf, but for him doing so it would cost me £100. I have since had another letter from him ( an after thought, I think) letting me know that the machine stitches beautifully and not to forget that I have a five year warranty. He's also sent me an email (dated Feb 28th) in which he's attached 2 PDF documents letting me all about the modifications of the Husqvarna take up lever (2009 and 2011) a link to the 'Buy with confidence website, to which he is a member he states and I quote from his email "They can assist you with any consumer/retailer issues, and we have to abide by their findings, they can also put you in touch with a Trading Standards Officer if needed all at no cost to you". no mention of giving me my refund. in my last recorded letter to him (22nd Feb) I gave him 14 days to refund my money or I will take it to the next level....... . Asking for advice from those in the know on this forum, what is the next step please.
  19. Hi I received a letter in March 17 from Lowell chasing a Shop Direct debt for £179.73. I wrote back to them that I did not acknowledge this debt and requested a copy of the CCA so that I could see what this was for. Letter sent May 2017. I never heard back I chased in June 2017 saying they had exceeded the statutory time etc and to remove any detrimental evidence on my credit reports. I received a letter from them shortly after to say that they have been unable to obtain a copy of the CCA and put the balance at zero on the letter. "as we have been unable to provide the requested documents we have decided to not pursue the outstanding money at this time. We are required to record true and accurate information and the Default registered will stay on your account for a period of 6 years". I have no idea what this Default is for, and Lowells have now closed the account and are no longer chasing. The Default will not drop off my credit file January 2020 which I do not really want to wait another 2 years. I wrote back to them and again their letter showed a zero balance owing, BUT they state in their letter that there is sufficient evidence to prove that I owe this debt and they will not be removing the default? Please can someone give me some advice or point me in the right direction of my next course of action, I have no idea what this debt is for and feel that I have a chance here to possibly get this Default removed and want to do what I can to at least try. Thanks
  20. Hi, Very new to this forum although I have read many a post... I was unfortunate enough to receive a claim form from Restons Solicitors for and alleged debt owed to Capquest for a shop direct account. After reading many a good post I acknowledged the claim on the MCOL site with defend all.. CCA request sent to Capquest via signed for service, its been received but to date no response. CPR 31.14 sent to Restons on 05/12/2016 again via signed for service, received on the 6th December 2016 and signed for. Today I have received a response from Restons and it reads as follows. Dear Madam, RE: Capquest investments Limited v. Yourself Account Number: xxxxxxx Original Creditor and Product type: Shop Direct - Isme Mail order Please find enclosed a draft letter which purports to come from you but which is unsigned. You will appreciate that we must ensure we are corresponding with the correct person and that anyone requesting information is entitled to it. Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response.. Yours faithfully Miss N Didsbury, Case Manager Is this a standard response from Restons for receiving unsigned CPR requests... Should I respond back? or ignore Thanks in advance ClaraCluck
  21. Hi guys I've not had to deal with anything like this so i just want to make sure nothing has changed. I received a Court Claim Form for what I'm guessing is a old catalogue debt. Claimant: Lowell Portfolio LTD The POC says: 1) The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Shop Direct under account reference ******** (‘the Agreement’). 2) The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3) The Agreement was later assigned to Claimant on 22/11/2012 and notice given to the Defendant. 4) Despite Repeated Requests for payment, the sum of £3,190.05 remains due and outstanding. And the Claimant claims a) The said sum of £3,190.05 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue c) Costs Are the steps at this stage still to make CCA Request and CPR 31.14 ? Thanks for any help given.
  22. Hi My son has recently applied for a mortgage and has been turned down due to a default on his file which originally was Shop Direct which then defaulted and was sold to Lowell. The amount was £371 and was paid off in full to Lowell in Oct 2013. It is due to drop off his file in August 18. I am trying to help him get this removed because I have read somewhere that usually if debts like these are passed to Lowell they are in some way unenforceable by the legal route. Can anyone tell me who would I SAR so I can start digging to see if I can find anything and what would I look for? Cant find any old paperwork even relating to this account but I have some emails relating to Lowell. I have had dealings myself with Lowells and they are currently chasing me for an old debt with Provident and I was wondering if I cant help my son with getting the default removed by finding something untoward, then do you think I could use my debt as a bargaining tool to either remove the default from his file or transfer it to my name. I would rather it be on my file for the next 9 months than his. I know this is underhand but I dont think they are exactly saintly themselves. Can anyone help with this please. Thankyou
  23. I reserved a ring in a jewellers shop and paid a deposit. I was paying some instalments but then became poorly and am now not in a financial position to finish paying. A couple of years has passed by. I contacted the retailer [small, local shop] who said they have sold the ring and I can't have my money back. They'll deduct 20% from what I have paid so far and let me choose something from the shop. Where do I stand?
  24. Hi. My father in law was shopping last Wednesday in Manchester City Centre and visited a book store. He was with his wife. They are both in their late 70's. During the visit, then went down 3 flights of stairs in store to the book section, but after the 3 flights of stairs, there were 2 steps that you couldn't see. My FIL fell and as he was going down, he tried to grab a stand and cut his hand open. He also smashed his face into the floor and was bleeding heavily from his nose. Staff came to help and my MIL was furious about no signs for the 2 small steps, and the staff were saying 'yeah, I know, we should have a sign'. They weren't bothered in the slightest. My MIL asked for a first aider. The store never had one! They called security who didn't really know what to do. They were trying to stop the bleeding from his hand and face with toilet roll. Then someone produced a small first aid bag and the security were arguing about what they could and couldn't apply to his injuries. The staff wrote the incident down in the accident book. They gave him a bottle of water then sent him on his way! They never once offered to call an ambulance! He left the store with his wife and both were in shock. My MIL said she was shaking like a leaf and didn't know what was going on. So he left the store with his face covered in blood, and his hand bleeding and got a bus home! He never went to hospital as he is 'old school' and everything will be okay. They never told me about this until last night. I am livid that the store let him leave like this and there was no first aider to help. I asked about photographs and they said they think someone took one of the steps but not sure. They don't have camera phones. I asked to see my FIL's hand but my MIL had just put fresh bandages on. She said she thinks it needs stitches as the cut is wide open, but he won't go to the hospital. So what can we do about this? I am disgusted in how he was treated and fobbed off. I was wondering if I could go to the store today and see the accident book. Also I'd like to take a few photos myself of the area and see if there are any warnings in place yet. I'd also like to see where CCTV is situated in store and how I can get a copy. Please advise if possible, I'm so angry right now how he was treated! Thanks
  25. hi, today received a county court claim form for the amount of £467.76. claimant capquest investments limited. restons solicitors limited. total amount 552.76. doesn't say which catalogue just shop direct. what are my next steps? no doubt that i had catalogues with shop direct. if it goes to court they will find i have zero disposable income. thanks for any advice.
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