Shop Direct/Lowells

[pojo81]

Hi,

 

In 2008 after reading a lot of advice on this site, I decided to start dealing with the mounting debts my husband & myself had rather than going with a Debt Management Company & paying £50 a month to them, we couldnt afford bankruptcy either so self help was our best option.

 

I owed Empire Stores catalogue £1020.64, I sent them a £1 p/o & requested a copy of my signed CCA (the account was opened in 2005), they sent a reply back saying they couldnt find a copy, but here's a unsigned copy for you. I sent them a letter stating 'you cant provide me with my signed cca, so game over', I never heard a dickie bird from them.

 

A few months ago, Lowells started to write to me at my parents house, call me & have now started to write to me at my new address asking for payment etc, they also like to text me once a month.

 

I'd like to now if I should just ignore them or is there a letter I can send them?

 

Many thanks.

[BRIGADIER2JCS]

Hi, If there was no agreement back then there is'nt one now write to the DCA's and tell them

1 deal in writing only

2 desist from contacting your parents

3 The debt still remains in dispute as the have defaulted on the CCA request.

There a templates you can edit to suit.

[harrassed senior]

Send an amended letter as below adding the facts as mentioned above:

 

Further to your letter dated

I must admit that I am rather bemused as to why this account has been passed to you, as it is in dispute with xxxxx and has been since

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

.As xxxxxxx is now in default of my Consumer Credit Act request, Office of Fair Trading Collection Guidelines and s10 Data Protection Act request, I consider this account to be in SERIOUS DISPUTE.As you are aware while my Consumer Credit Act request remains in default, enforcement action is NOT permitted; under s127 this constitutes a complete defence at law. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to xxxxxx for resolution of these defaults and breaches, as you cannot lawfully pursue any enforcement activities.

If you choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

Also whilst writing I would inform you of the following:

Please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a "doorstep Assessment" as per your above mentioned letter please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke License under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Doorway surveillance is available and will be used as evidence.

Regards

[pojo81]

Hi again,

Lowells are now chasing after a debt for £423.35, this was originally with Kays.

I CCA requested Shop Direct's in house DCA in December 2008, they were unable to provide a signed one.

I've sent Lowells a letter informing them that the account is in dispute etc & today I get a letter from Hamptons Legal offering me the chance to pay them £317.51 (settlement) or £25 per month. I am not going to do either so I've printed off my previous letter & the doorstep visit letter from the CAG library (many thanks).

What's my next move now?

Thanks,

Pojo

[ims21]

Hi

 

They're offering you discount 'cos they have only got iffy paperwork.

 

Why would they settle for less if they could get the whole lot?

 

If you've done the letters leave it at that and see what happens.

 

ims

[BRIGADIER2JCS]

Agreed the discount is a myth they bought the debt for pennies in the pound:madgrin:

[RoyalIrish]

Please ignore Lowell's and their 'if's, might's, may's, and could's' they are a complete joke!

 

Tell 'em to stick their discount!

 

I have the same thing going on at the moment, defaulted CCA request with Shop Direct nearly 18 months ago followed by the usual procession of incompetent DCA's thinking that they could get paid where others have failed.

 

Heard nothing for ages and then out of the blue last week, letters from Lowells threatening all sorts of stuff.

 

Lowell's get hold of these accounts for peanuts because there is no paperwork and basically 'try it on' looking for a mug to fleece.

 

A trifle 'unsettling' to the unweary but for most 'in the know' it's a hoot!

 

(Waves to Lowell's, hi guys!)

Edited July 6, 2011 by RoyalIrish

[pojo81]

Thanks everyone,

I actually bought a new printer last week, envelopes so I'm armed & ready to fire paperwork back at them. Years ago, before I discovered CAG, I used to phone them & almost beg them to forgive me!! Not now, I enjoyed the last phonecall I had from Lowells, I let the lady waffle for 10 minutes about the debt, went quiet after that so then I asked if they had bought the debt from Shop Direct, they had, I asked why I wasn't informed of that fact & I then told her the account was actually in dispute & that she wasnt to call me again.

Anyway thanks for the advice, just wanted to check I'm playing this correctly.

[BRIGADIER2JCS]

Spot on.

[pojo81]

Ok, have just received a polite letter from Lowells advising me that my account has now been put on hold while they contact Shop Direct (Littlewoods) for more information.

Is this them making the first step to back off re this account (its my biggest debt £1609.34)?

[BRIGADIER2JCS]

Please be aware that the only restriction on

a DCA after receiving a CCA request is that

they cannot start court action, the debt is still

live and they can if they wish continue collection

activity but nor enforcement activity.

[pojo81]

Please be aware that the only restriction on

a DCA after receiving a CCA request is that

they cannot start court action, the debt is still

live and they can if they wish continue collection

activity but nor enforcement activity.

 

Surely this means that all they can do is send their soppy letters?

[BRIGADIER2JCS]

Exactly but they often go berserk and

send loads more crap:madgrin:

[pojo81]

Hi its me again!

 

Ok, this morning I've received a letter from Lowells with a copy of the statement that I requested (I didn't request a statement, I informed them that Shop Direct failed to provide me with my signed CCA request) they're now huffing for the full amount & neither they nor Shop Direct are aware of a reason why I shouldn't pay etc.

 

Should I reply to them or ignore them? I don't really know what to do next, so any advice would be appreciated!

 

Pojo x

[BRIGADIER2JCS]

Send account in dispute letter from the CAG library.

[Bazooka Boo]

It's a toughie, but I like to have the last word too, however IMO once you have sent them that letter, I would simply ignore them, give a dog a bone & it will keep coming back, likewise keep sending them letters and they will continue to reply with empty threats and demands for money.

[pojo81]

Hi again,

 

I received a letter (dated 18/10/11) from Lowell's saying:

'We refer to your recent request for a copy of the original credit agreement for this account'.

Wrong, I requested on the CCA on 22/12/08 & they defaulted on this 15/01/09, I informed them of this in my last letter to them in August.

 

'After liasing with Shop Direct in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

We are closing your account

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Shop Direct'.

 

Then I received a letter a few days later (dated 21/10/11)

basically saying that they are in receipt of my recent CCA request & that Shop Direct have provided them with a 'reconstituted copy of the agreement' which they confirm that I would have signed. They say that they are not obliged to send me a true signed copy & welcome my response in 7 days blah blah blah.

 

I'm confused as to what I should do now, as I understood that this should have been provided back in 2008?

 

Many thanks,

 

Pojo

[Bazooka Boo]

Strange how it can suddenly materialise in a recon version in 3 days!

 

I know what I would do, but it isn't allowed on an open forum....

 

So they are claiming that they have a recon version and they are going to try and use that to enforce this are they?

WRONG!

 

How much is this for again, and when was it taken out?

[pojo81]

Hi,

 

As best as I can remember it was from early to mid 2007, it was for £1,609.

 

Any advice would be gratefully received as I'm a bit confused as to what I should do now.

 

Thanks,

 

Pojo

[Bazooka Boo]

So technically they have had two years to cobble together a recon version?

 

Are you able to scan and post it up removing ALL ID?

 

I would be inclined to send them this anyway, without seeing it as it stinks....http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent.

 

Listen there is NOTHING urgent or IMPORTANT that needs doing yesterday, they have had over two years to come up with something, and all of a sudden it is a recon version, they sing to your tune, you don't sing to theirs, you have all of the knowledge and power now, they lost that years ago.

[pojo81]

I can give it a go!

Is it just the letter that you want me to post up or the agreement as well?

 

Thanks again for the help,

 

Pojo

[Bazooka Boo]

Sorry the agreement that they sent you is all at the minute.

[pojo81]

Ok I've just scanned the first CCA that they sent, it's in 2 parts.

 

I'll post the 2nd CCA in a minute.

 

Pojo

Edited October 27, 2011 by pojo81
messed up the attachments

[pojo81]

Ok,

 

This is the 2nd CCA that I was sent, its in 3 parts!

Scan0001.pdf

Scan0003.pdf

Scan0002.pdf

[Bazooka Boo]

Dear oh Dear, someone's in trouble!

 

Just confirm you opened this account in 2005 yes?

 

The first two scans you uploaded have the date 25th May 2006..

 

The second scan of the three documents have the date 24th May 2010..

 

So I'm confused?