Reply from Lowells (shop direct)

[littlefatbudha]

Hi ,have just had ist reply to CCA,which was posted to them on the 03/07/2009.

Why did Lowells reply and not Hamptons who it was sent to,also i thought these DCA's were ment to have all the information before they chased any debt,just to make sure it is LEGAL

[Uptotheneck]

Hi,

 

First off the pic is too small to read, you need to use photobucket or similar.

 

You have received a letter from Lowells as they and Hamptons and also Red are in the same building, if not the same office.

 

Regards

 

David

[littlefatbudha]

Hi sorry, will put pdf on here easier,thanks.Steve

IMG_0001.pdf

[Uptotheneck]

That is a standard issue reply, just sit back and wait, 12+2 working days.

 

Regards

 

David

[Blondmusic]

Lowells, Red and Hampton are all desks in the same office and they are all part of the Lowell Group. Just wait and see what they come up with now. Thats if they come up with anything at all. If you have not received anything after 12+2 working days then you can put the Account In Dispute.

[littlefatbudha]

Thanks.Steve

[sam614]

Do I spy yet another samantha spouting the same crap.

 

must have been trained by ms swallow.

 

12+2 hun end of.

 

SAM:pLOWELL DETESTER

[cerberusalert]

Do I spy yet another samantha spouting the same crap.

 

Unless it's the same one & someone has made an 'honest woman' of her.

[sam614]

Unless it's the same one & someone has made an 'honest woman' of her.

 

maybe.if it is she has been demoted

 

SAM:pLOWELL DETESTER

[littlefatbudha]

Have just received further letter from lowells, RE; Shop Direct.

The original CCA was sent on 3rd July 2009, they have had plenty of time to get CCA from Shop Direct but still nothing ?????????????????

What next,thanks.Steve

IMG lowell upload.pdf

[drob]

Have just received further letter from Lowell's, RE; Shop Direct.

The original CCA was sent on 3rd July 2009, they have had plenty of time to get CCA from Shop Direct but still nothing ?????????????????

What next,thanks.Steve

 

 

Just sit back and wait .... I wouldn't be surprised if the next letter you get will be Lowell closing the file and sending it back to Shop Direct

[littlefatbudha]

Then it starts all again !

[littlefatbudha]

Hi all, just an update, sent account in dispute letter 1st recorded on 23 July 2009.

Have today ( 03 August 2009 ) received this letter from Lowells, dated 30 July 2009.

Wheres my CCA, they should of had it when they got the debt, otherwise how would they now that the debt was legal, as required. Am i right in saying this ?

lowell 3 8 2009.pdf

Edited August 3, 2009 by littlefatbudha

[2Grumpy]

If just collecting on behalf of a client, they just demand payment as requested & don't ask any questions.

 

If they have bought a debt, they just demand payment and generally try to ignore any questions.

[littlefatbudha]

many thanks grumpy !

[sam614]

Hi all, just an update, sent account in dispute letter 1st recorded on 23 July 2009.

Have today ( 03 August 2009 ) received this letter from Lowells, dated 30 July 2009.

Wheres my CCA, they should of had it when they got the debt, otherwise how would they now that the debt was legal,they dont get the paperwork as they buy in bulk and just get the basic details,they hope that they will be payed without question.and they do not no or care what is legal they want their vast profit. as required. Am i right in saying this ?

 

 

remove your balance from the letter;)

 

ms barnard seems to be trying a new tact.

instead of the miss conception passed on to her by ms swallow that they have a further 30 days.

 

by updates they mean further letters saying that they are still trying to retrieve from archives.:D:D

BUT I

bet a pound to a penny the next update will include.

"to resolve to our mutual benefit we are delighted to offer a once in a lifetime wonderfull offer of 50% f&f.

 

or the latest con of bid to buy back your account:rolleyes:

 

either way STILL not stopping collection on a disputed debt

 

wait for either fantastic offer and forward it to OFT.

 

SAM

[PGH7447]

No it will be the new trick of asking you to Bid on your debt

 

Probably need some funds to pay all their staff to get their names changed by deed poll

[sam614]

No it will be the new trick of asking you to Bid on your debt

 

Probably need some funds to pay all their staff to get their names changed by deed poll

 

:D

yep maybe swallow is going to swift

or sam seagull

 

SAM

[littlefatbudha]

Thanks Guys !!!!!!!!!!!!!!!!

[littlefatbudha]

Hi all, have just received letter from my Kays account which is being dealt with by Credit Account Managers.

The stamp on the envelope is Bolton, so i guess shop direct sent it.

Also is there a letter i can send now ,asking for my default to be removed and for them to remove all information from Experian

Thanks.Steve

 

 

 

 

 

Edited August 20, 2009 by littlefatbudha

[littlefatbudha]

Also would somebody please advise me, lowells have not Sent CCa or any thing apart from one letter received on 3 August, 7 days after receiving account in dispute letter,( saying they have 12 days to respond ).

Anyway what i would like to know is, on the letter of dispute it states that if they refuse to comply on ceasing and removing any data held about myself or disputed account they should provide a detailed breakdown on their reasoning why they should continue processing my data, it is now about 25 days since letter sent to them.

Can i make them remove the data with the CRA's due to them not complying at all.

Thanks.Steve

Edited August 21, 2009 by littlefatbudha

[snowy101]

Also would somebody please advise me, lowells have not Sent CCa or any thing apart from one letter received on 3 August, 7 days after receiving account in dispute letter,( saying they have 12 days to respond ).

Anyway what i would like to know is, on the letter of dispute it states that if they refuse to comply on ceasing and removing any data held about myself or disputed account they should provide a detailed breakdown on their reasoning why they should continue processing my data, it is now about 25 days since letter sent to them.

Can i make them remove the data with the CRA's due to them not complying at all.

Thanks.Steve

 

Hope you dont mind Budah, not trying to crash your thread

 

Just bumping this up, if anyone could advise then it would also help me with the same question.

 

Middxx

[vint1954]

What they have supplied is not a true copy of an executed agreement. An executed agreement is one that has been signed by the creditor and debtor.

 

They do not have to supply a copy with signatures on, but it has to be a copy of the document that you signed. Currently, creditors are up to their necks in CCA requests and they are finding out that they have not kept the signed agreements or ther are archived underground in a salt mine! They are trying to send any old tat out, insisting that it complies. It does not.

 

Respond to Home direct with:

 

xxxxxx 2009.

 

Dear xxxxxxxxx,

 

ACCOUNT IN DISPUTE

 

Re account no xxxxxxxxxxxxxxxxxxxxxxxxxxx

 

I write regarding recent communication regarding the above account.

 

Further to my request under the above act, your attention is drawn to the fact that this account is now subject to a serious dispute. On xxxxxxxx, by recorded delivery, I requested that you supply me a copy of the executed credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78, a copy of this request is enclosed. To date you have failed to comply with my request, instead supplying a blank application form. Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974. I have to date only received terms and conditions from yourselves.

 

Contrary to your assertion, xxxxxxxx have not complied with the terms of CCA 1974 s78. The documents that you have supplied, do not comply with your duties to supply a “True Copy” of any agreement you claim to have been signed by me.

 

In a recent letter from the enforcement department of the OFT, the text below was quoted, explaining what is required.

 

“The copy of the executed agreement need not be an exact copy but it must be a ‘true copy’ and not some reconstruction of what the original might have been and it must contain the same terms as the original. Where the terms have been varied as provided for within the agreement, the copy of the original agreement must be accompanied by a document setting out the current terms, as varied. Certain details may be omitted from the original agreement eg the signature but the debtor must be in no doubt as to the true nature of his obligations under the loan.

 

Should no original agreement be in existence it is very hard to say that the copy the creditor offers to the debtor is, in fact, a true copy as there would be no original with which to compare it. In our view the onus of proof would be on the creditor to show that the copy is a true one and where none existed he may have difficulty discharging this. Neither should creditors suggest that a consumer has signed a credit agreement where they are unable to provide evidence to support this — to do so is likely to be a misleading action under Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs) and would also constitute an unfair or improper business practice.”

 

 

I also refer you to the information below.

 

1. A valid credit agreement must contain certain terms within the signature document (s.60(1)(2) CCA 1974). These core terms are the credit limit, repayment terms and the rate of interest (SI 1983/1553 (6 Signing of agreement) which states that the prescribed terms must be within the signature document. (Column 2 schedule 6). s.61(1)(a) states the agreement must contain all the prescribed terms and be signed by both the debtor and on behalf of the creditor.

 

 

 

2. Further, s.127(3) CCA 1974 makes the account unenforceable if it is not in the proper form and content or improperly executed.

 

In Wilson and another v Hurstanger Ltd (2007) it was stated “In my judgment the objective of Schedule 6 is to ensure that, as an inflexible condition of enforceability, certain basic minimum terms are included which the parties … and/or the court can identify within the four corners of the agreement. Those minimum provisions combined with the requirement under s.61 that all the terms should be in a single document, and backed up by the provisions of section 127(3), ensure that these core terms are expressly set out in the agreement itself: they cannot be orally agreed; they cannot be found in another document; they cannot be implied; and above all they cannot be in the slightest mis-stated. As a matter of policy, the lender is denied any room for manoeuvre in respect of them. On the other hand, they are basic provisions, and the only question for the court is whether they are, on a true construction, included in the agreement”.

 

2. The need for prescribed terms to be contained in the credit agreement is confirmed by the Author of the CCA1974 act, I quote ““As the draftsman of the Consumer Credit Act 1974 I would like to thank Dr Richard Lawson for his interesting and well-argued article (30 August 2003) on Wilson v First County Trust Ltd [2003] UKHL 40, [2003] 4 All ER 97.

 

 

Dr Lawson may be interested to know that I included the provision in question (section 127(3)) entirely on my own initiative. It seemed right to me that if the creditor company couldn’t be bothered to ensure that all the prescribed particulars were accurately included in the credit agreement it deserved to find it unenforceable, and that the court should not have power to relieve it from this penalty. Nobody queried this, and it went through Parliament without debate. I’m glad the House of Lords has now vindicated my reasoning and confirmed that nobody’s human rights were infringed.” - 167 Justice of the Peace (2003) 773.”

 

 

I am now granting to you a further 7 days to produce a copy of an executableagreement.After that I will consider that the above matter is closed and that you will no longer pursue the alleged debt.If you are insisting that the non enforceable document, that you have supplied, is the only alleged agreement in your possession, then I would suggest that the best course of action would be to immediately set the balance of the above account number to zero.

 

I look forward to your response.

 

Copy this to the DCA.

 

Theoretically, if they have no signature to agree to your information being processed, then they should not process it. However, this is very dificult to remove, once posted with a CRA. It can be done, but usually involves taking them to court. Cross that bridge later.

[littlefatbudha]

thanks for the letter Vint ,will get this posted off in the morning thanks.

Also i have added a link on here regarding a credit agreement sent by Moorcroft, for Halifax one visa card, any ideas anyone if it is enforceable,it was opened in 2005, many thanks.Steve

Hi , received reply from Moorcroft for Halifax credit card

[vint1954]

thanks for the letter Vint ,will get this posted off in the morning thanks.

Also i have added a link on here regarding a credit agreement sent by Moorcroft, for Halifax one visa card, any ideas anyone if it is enforceable,it was opened in 2005, many thanks.Steve

Hi , received reply from Moorcroft for Halifax credit card

If the 2 pages are part of the same document, It looks enforcable to me. Have they sent a default notice or terminated the account yet?