Advice on charges please.

[alfwithhair]

Right where do I start.

Droyds will have been collecting on behalf of Empire Stores, when they passed to to Shop Direct Financial Services (SDFS) they were only giving it back to the original creditor, as Empire Stores is owned by SDFS.

If SDFS has sold the account to Lowells then you should have received a Notice of Assignment (NOA) stating that Lowells are the new legal owners of the account. But they maybe, as Droyds were, merely collecting on behalf of SDFS.

As for the charges I would presume these would have been added by SDFS, so it is them you need to contact to get them refunded.

You need to find out who the legal owner of this debt is, SDFS or Lowells.

Stop speaking to Lowells on the phone as they will tell you any lie that comes into their greedy money grabbing heads to extort money out of you.

Do not send bank statements or any other information to Lowells. It is for them to prove the debt and the balance outstanding and you are under no obligation to send them anything.

They do not want the statements to see what you have paid, they want them to obtain your account number, see what your income is and what you spend you money on, which has naf all to do with them. They will then dictate to you what you will pay

Have you ever requested a copy of the credit agreement?

As most catalogue accounts of this age, rarely have a signed agreement, so are totally unenforceable in court.

I think this would be the first step to find out if Lowells have the legal right to collect on this account.

In the mean time I would withhold any future payments.

The template for the letter you want is in the forum library, but does not appear to be working at the moment, when it is up and running again I will post a link to it.

[alfwithhair]

Is the link back up and running yet? Also can I just say, I did contact SDFS and they told me that because the debt had been 'sold' to Lowells, I had to take up any dispute with them. So basically they are saying I defaulted, they are charging me, and there is sod all I can do about it! Argh!

 

I have just tried to access the library, but the page is still not available, maybe another CAGer might have a copy of CCA request letter on file

SDFS cannot charge you anything, they have sold the account, its nothing to do with them any longer.

[alfwithhair]

I couldn't get the link to work for me, but found a letter template browsing around. Is it:

 

Letter N Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974

posted by Baracad on 28th June 2006?

 

Use this one

Edit/delete anything that doesn't apply

send by recoreded delivery and do not sign the letter (print name)

 

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 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)

[alfwithhair]

That letter will have been sent before they even read the request, just ignore them for now