Lowell Claimform - old Very CAt 'debt' ***Claim Dismissed***

[masie123]

Hi

i have the 3 above catalogue`s ,

Very(£2000) since 1999

Gus£600) since 1997 and

Additions(£1000) since 2004

 

i have always paid every thing on time except for now

-i simply cannot afford them

 

i have already asked to make a token payments and to freeze interest and was told "NO" you agreed to pay back as set out in the CCA that i signed !

 

Last week i sent the 3 catalogue`s a CCA request and as they were all being posted to the same address i put all 3 postal order's in 1 letter(sent recorded)

 

 

today i have received a CCA back from GUS which is blank ?

and it 2 separate letters they are saying if i want my CCA for the other 2 accounts i need to send a £1 postal order (x2) ? (i already have)

 

I would like to know should i just re send another 2 postal orders off this time separate and what do i do about a blank CCA ? thankyou

[silverfox1961]

Hi and welcome to CAG

 

Once the 12 working days are up (if they're not already) and put the accounts into dispute but also put in your letter that you did send the other postal orders and what have they done with them. Check your receipts from the post office for the postal order numbers. They may have put the other two orders towards your debt and if they have, demand they remove the payments and put them to the use you wrote to them about.

 

Just because they say NO to your token payments doesn't mean that you can't send them. As you won't be able to make full payments, they will screw your credit file for the next 6 years but hey, you don't want more credit-do you!

 

If you haven't looked in the library, do so. There is a wealth of letters there to help you.

[masie123]

Thankyou for your comments i'll go and have a look now

[masie123]

Hi,

i am back for some more advice please,

 

 

i received blank CCa's off Additions direct and gus

 

 

i wrote and told VERY that i had the proof that i had sent the postal orders off and got a reply saying i still owed blah blah blah!

 

 

i wrote off to all them and disputed it

Ive had no contact since June 2011

 

 

today ive received a letter off Lowell Portfolio L Ltd saying my very account debt has been sold to them on 5/8/11 and they want payment of £2145.67 (interest still getting added and £12 fees )

any advice please ?

 

 

i still have not received my CCA request off very as they say i still need to pay £1 postal order ?

 

 

thanks

[Bazooka Boo]

Well you are on solid ground here, if lowlifes have bought these lemons your laughing all the way to the bank!

 

Send Lowlifes this letter, 2nd class BUT you MUST obtain "Proof of Posting" from the PO counter which is free.

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

Have you checked with the PO to see if your postal orders have been cashed?

 

If they have then someone somewhere is taking the michael, and if you were to push this hard enough they could be committing an act of fraud.

[masie123]

Thanks for your advice and ive printed up the letter ready to post in the morning,regarding the postal order receipts do i just give them to the post office cashier and she will be able to tell me if they have been cashed?

[Bazooka Boo]

I think there is a number you can ring, but true to form I haven't got it!

Hopefully someone else might be able to tell you.

[masie123]

Hi,again

i sent the above letter off (from the link above

)i telephoned this number 01246 542500 and they checked my postal order's and sure enough they have cashed my £1 postal order's and told me they never received them so they withheld two separate CCA requests and sold my debt on to Lowell !

 

 

should i wait until Lowell write back to me and see what they say ?

 

 

thanks to anyone who can help .

[Bazooka Boo]

Sorry can you just explain that?

 

Your PO's have been cashed?

 

Who has said they didn't receive them?

[masie123]

Sorry can you just explain that?

 

Your PO's have been cashed?

 

Who has said they didn't receive them?

 

What i mean is i asked all 3 catalogues for my CCA and sent X3 £1 postal orders

 

 

very wrote back saying they had received my CCA request letter

but i need to pay the £1 fee to get it.

 

 

I wrote to very and said i had already sent the postal orders and put my account in dispute,

 

 

Now for some reason very has sold my debt to lowell even though my account is in dispute .

 

 

i checked today and was told that they had all been cashed so infact they had received my postal orders but not sent me a CCA request !

[Bazooka Boo]

Game over you WIN!!

 

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

Send them that, and any other clown who wants to fleece you.

 

You sent a lawful request for the agreement, they have failed, and cashed you PO's in the process, so in theory you could demand that £3 back, or you will report them for theft/fraud/idiocy/immaturity/ and down right dick dastardliness

[masie123]

Thank you Bazooka boo i have sent them that letter and hope that shuts them up for a bit but i some how doubt it

[Bazooka Boo]

Agreed it is wishful thinking, they will of course deny that they have failed to produce anything, I would expect them to go back to the OC with that letter, and for them to suddenly produce a recon version....but lets wait and see..

[intend]

Good advice as ever Boo. But no mention of complaints to all. t\o me clear case of trying to con the OP, so at least OFT and their own complaints dept.

 

Intend

[masie123]

Sorry to bump up my old thread,but i really really need some advice.

 

I have received numerous letter off Lowell regarding my very debt [which i ignored]

 

last 3 month i received a court letter,

i filled it in online explained that there is no signed cca and i dont reconize this debt £2500 .

 

Got a reply back off court saying the judge had read both defences and as allocated the claim to the small claims track.

 

It goes on to say the court believes this case is suitable to mediation,

when i telephoned up the mediation line i explained no signed cca the lady said well theres no point in mediation!!!

 

Has the law changed that no signed cca you can still be taken to court?

 

Im at a complete loss here the court date is set for 7th feb .

 

any advice please.?

[silverfox1961]

Hi

I have to say that you have left this to the last minute to get help. I am going to move this thread to the legal issues section and hopefully one of the experts will be able to assist you.

[AndyOrch]

Lets start from the beginning then we have the information to hand from the missing months.

 

Please read the following link and then copy and paste the the Qs and your responses back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

Regards

 

Andy

[masie123]

Information as asked for .

 

Name of the Claimant ? Lowell

Date of issue – 30th September

What is the claim for – the reason they have issued the claim?

1] the defendant entered into a consumer credit act 1974 regulated agreement with shop direct under account refrence --------------

2] the defendant failed to maintain the required payments and a default notice was served and not compiled with.

3] the agreement was later assigned to the claiment on 14/09/12 and notice given to the defendant.

4] despite repeated requests for payment the sum of £1900 remains due and outstanding

and the claimant claims

a] the sum of £1900

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,accuring at a daily rate of £0.398,but limited to one year,

c] costs

What is the value of the claim? £1900

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CAT DEBT VERY

When did you enter into the original agreement before or after 2007? before around 2004

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. yes lowell not shop direct

Were you aware the account had been assigned – did you receive a Notice of Assignment? i think so yes

Did you receive a Default Notice from the original creditor? I do not know?

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I dont think so

 

Why did you cease payments? i had a lot of debt couldn't afford it

 

What was the date of your last payment? not sure december 2010

 

Was there a dispute with the original creditor that remains unresolved? yes they sent me a blank cca and i put the account in default,they sold it to lowell not long after .

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes i asked to pay £1month token payment was told no.

[AndyOrch]

Thanks masie

 

I assume you have had your Notice of Allocation..this contains the courts directions for the claim to proceed.Have you prepared your disclosures and witness statement ?

 

Can we have a copy of the defence you submitted ...verbatim.

 

Regards

 

Andy

[masie123]

Hi,

ive had a letter saying that judge had looked at the claim and recommends mediation.

However talking to a lady at mediation she said its used to pay back money and as i have no signed cca this is pointless?

 

Regarding my defence

im ashamed to say ive messed up big time,

i said that there was no signed cca and that i acknowledged no debt, that's the bee all and end all of it.

Terrible when i think about it.

Ive had no Internet for a long while so i couldn't come on here to get help.

 

Again ive prepared no disclosure or witness statements as im above my head with it all,

i really don't know what to do.

Any help please thank you

[AndyOrch]

Okay so your next stage is to send your disclosures and witness statement to the court and claimants solicitor by the the dates stated...normally 14 days before the hearing. (7th Feb 2017) so should be by or around 26th Jan.

[masie123]

Okay so your next stage is to send your disclosures and witness statement to the court and claimants solicitor by the the dates stated...normally 14 days before the hearing. (7th Feb 2017) so should be by or around 26th Jan.

 

Thank you for your time.

Im going to have to admit i don't know what a disclosure is or witness statement, bearing this in mind im wondering whether to offet them £1 month payment and hopefully end it all, im really in too deep i think.

[AndyOrch]

Thank you for your time.

Im going to have to admit i don't know what a disclosure is or witness statement, bearing this in mind im wondering whether to offet them £1 month payment and hopefully end it all, im really in too deep i think.

 

Then read up here and learn and look at how others have been assisted and following our advice and guidance have got the claimants to discontinue.

 

Im afraid the days of £1 per month have ended..a CCJ will be placed on your file for 6 years and a monthly figure will be set in accordance with your Income.

[dx100uk]

might not be a bad idea to send to send a new CCA request and a CPR off

even at this late stage? if you haven't sent these since you got the claimform?

 

get a CCA Request running to the claimant

get a CPR 31:14 request running to the solicitors

.

don't sign anything

leave the £1PO blank and uncrossed

 

def dec 2010 last payment?

if it were a few month previous..then this could be statute barred?

[masie123]

Thank you dx, i will be spending today doing all i need to be doing.