La Redoute and Lowell Portfolio

[cheddar]

Ah well it's been a while, some time ago I had Next and Studio catalogues (yes I was silly when younger and got too many catalogues) chasing me and also a neighbour of mine who I helped out. I sent off CCA requests and got the usual nonsense blank application forms in reply. To which I explained if they can't prove the debt is enforceable then I will not pay. They went to DCAs who I explained the above to and even they stopped and I've heard nothing since.

 

Now totally and utterly out of the blue La Redoute (part of the RedCats company) send me a letter (in my maiden name) which I received this morning to say as I've not paid whats owed or communicated with them then they sold my debt 3 weeks ago to Lowell. Also enclosed is the usual letter from Lowell asking me to ring them.

 

Now I sat there and wondered...my son is 6 years old. I wouldn't have ordered or probably paid anything in that time, nor during pregnancy...in fact it's probably about 7 years since I had anything to do with La Redoute and in all honesty I just didn't tell them I'd moved 5 years ago...oops! However they have never once been in touch with me and I feel the vast majority of what they're asking for has to be charges.

 

So where do I go from here? I'm 99.9% sure it will be statute barred so shall I send that letter? And who do I send it to? Lowell or La Redoute? Also as I'm not totally sure (may have made a token payment however unlikely in the last 6 years although I am not sure payments constitute acknowledging a debt) should I go down the CCA route first? I'm thinking statute barred personally but can someone advise?

 

Many thanks

[cerberusalert]

When Lowlifes get in touch just send the Statute Barred letter, let them waste their time, money and energy trying to prove otherwise.

[harrassed senior]

Indeed, let them do the chasing, there appears to be a lot of chasing of SB debts lately, things must be hard on the DCA's not that they deserve it of course;)

 

I had a 'trying to locate' letter myself this morning and I havn't moved or changed names in 22 years, times are hard:D

[cheddar]

Fab, will get onto it today

 

I assume I send it to Lowell? Maybe a cc to La Redoute?

[unclebulgaria67]

Or just send the letters back, saying that there is nobody living at the address with the name of the addressee.

 

Just thinking that this may delay things further, if you are not 100% sure it is SB. If you send the SB letter and it turns out that the last payment/acknowledgement was 5 years 10 months, then they might look to take action.

[cheddar]

True but I can drag it out anyway, I bet you down to the ground they won't have a CCA for it so they probably can't take 'action' anyway.

 

Thinking about it further, if I did send the SB letter and say as above it had been 5years and 10 months, would my sending the SB letter mean I have acknowledged the debt?

 

Also who would I be corresponding with? I'm guessing Lowell as La Redoute are saying to contact Lowell from now on....

Edited June 19, 2010 by cheddar

[unclebulgaria67]

The statute barred does not admit anything. It basically says stop bothering me unless you can prove the debt is collectable.

 

Under the OFT rules and that of the CSA, the DCA's have to stop their collection activities once a debtor has advised the matter is statute barred and they don't want anything to do with it. Further contacts without providing the relevant evidence could be considered harassment.

 

The SB letter would go to Lowell, quoting the reference shown on their letter. But make sure it goes by recorded delivery. My experience is that Lowell ignore letters by standard post and continue to write. But with recorded letters they do not ignore i.e they stop writing, but they don't reply to the letter. They will probably only write to you if they are disputing the SB status.

[cheddar]

Hi, thanks for that. I know what Lowell are like from past dealings. I only ever send things recorded, shall print orf the letter now. Thanks for your help all and I shall report back on what they say

[cheddar]

Okay back on track with this now, had a few more letters from lowell, nothing new just the usual. Sent off the SB letter on the 25th and it's been signed for so we will see what they have to say. Hopefully it is SB if not I can drag things out until it is and besides it won't have a CCA anyway.

[cheddar]

Okay so letter arrived today from Lowlifes:

"We would advise you that the Limitation Act 1980 Section 5 is not applicable in your case and would refer you to section 29 (7) of the Limitation Act 1980 which states ".......A current Period of Limitation may be repeatedly extended under this section by further acknowledgement or payment." Your last attempted payment date on this account was dated 18th March 2005 for a payment of £xx.xx.

 

We trust this clarifies the situation and look forwards to receiving your payment proposals."

 

Now this does tie in and I knew it would be close if it was SB or not but out of interest what does the part in bold mean? I gather that I CCA them now as I know there is no enforcable agreement for this account anyway and the balance is mainly late charges and extortionately high interest charges.

[cerberusalert]

Ignore, there is no such thing as an 'attempted' payment. Make a complaint to Trading Standards via Consumer Direct because of their deceptive practices.

[cheddar]

Ah will do, thanks muchly!! I thought it seemed very odd, then again sneaky underhand tactics by the losers doesn't surprise me one bit!!

[cheddar]

Remembered earlier that I can look at historical statements online and I did indeed make a payment on the 19th March 2005 for the amount they say....is complaining still the best option now?

[cerberusalert]

No, you may as well start a game of postal ping pong now by sending a CCA request.

 

send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

Furthermore, with regards to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Print in red optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[Undercover-Elsa]

Lowells usually cave in pretty quickly if they can't produce a signed agreement

 

Elsa x

[cheddar]

Yeah they should be easy to get rid of, I am sure there won't be an agreement for this one, I'll get it sent off soon and update when I hear back. Thanks for the advice peoples

[cheddar]

Well I got a letter from Lowell on 28/10/10 saying they have requested it from La Redoute/Redcats and they will let me know how they get on and if it takes longer than 12 days it's not their fault. They got my CCA on the 21/10/10, heard nothing and got another letter today saying they contacted La Redoute again who are trying to retrieve my CCA from their archives and as soon as they have it, it will be sent to me and I am to pay it off. Will be sending them the Account in Dispute letter next.

Edited November 10, 2010 by cheddar

[cheddar]

Account in dispute letter sent and signed for yesterday, they also sent me another letter in the meantime saying Redcats/La Redoute are still trying to find my agreement. Not sure why they're looking so hard for something they obviously don't have!

[cheddar]

Letter arrived today saying they agree with the dispute and that the account is on hole and no collection activities will take place until they have provided me with the CCA. Which I assume they can't as it doesn't exist. However they refuse to remove anything from my credit file. I anticipated that anyway. So we shall see who gets it next.

[Undercover-Elsa]

Nice one!

[cheddar]

Thanks Fortunately this will be SB March 2011 so even easier to handle

[Undercover-Elsa]

Don't you just love it when a plan comes together?...

[Halibutt]

[cheddar]

Hmmm, why is it all DCAs seem to write to me at the same time?

 

In the past 48 hours I've had Fredricksons, Crapbot with a 8 year old debt that they said they'd never bother me about again and now Lowell have reared their ugly mushes with this one again.

 

Was SB 5 months ago, they have sent me a letter saying they are entitled to my money and have attached the credit agreement I asked for....ROFL.

 

SB letter will be sent off next week, don't learn do they?