lowfile chasing shop direct account in scotland too!!

[deeky81]

I'm having some major problems with Lowell!!

 

They have been chasing me for years regarding some debts and I just ignored them, recently I found a website that gave me some good info.

 

Long story short.

 

I wrote to Lowell regarding all of the accounts and asked them to provide copies of the credit agreement act,

they responded stating that they would send this onto me. I paid the statutory fee and have received some correspondance.

 

I'm slightly concerned as there are 4 accounts on there that I do not recognise.

 

I wrote advising that I wished to dispute the balance and I have received 2 credit agreements with no signatures for Shop Direct (apparently these are re-constituted)

- where do I stand with this as there have been no payments made on these accounts?

 

The other two accounts were

originally O2 - I received 2 letters stating that as these are mobile accounts

O2 do not have to send me a copy of a credit agreement as I've accepted their T&C'S by inserting the sim card.

What's got me frustrated is in the letters from Lowell they've written

 

'We can advise that this is not a regulated agreement under the Consumer Credit Act 1974'

- I'm slightly perplexed as I don't think the agreements can be enforced or even registered with a credit reference agency is they are not governed by the CCA?

 

I've also been reviewing previous posts regarding statute of debt.

I live in Scotland and these agreements are all under England & Wales.

In Scotland the limitation is only 5 years, but is it 5 years from the original 'default' or does this start again once the debt has been sold on to another company?

 

Apologies for the essay and if I'm on the wrong thread - Any assistance would be gratelly appreciated!!

 

On a happier note, Lowell have written off one debt as un-substantiated as they could not provide me a copy of a credit agreement, original or re-constituted.

It might be worth noting that I have not admitted to any of these debts and these have been written in all the letters that I've sent (recorded) but I have signed them?

 

Many thanks

[dx100uk]

what a load of cobbreres from lowlife as usual........

 

if these debts DO NOT show on your CRA file IGNORE THEM!!

 

there is no need for a cca on mobile accounts

but they are trying to spoof you.

 

they are a DCA they have no legal powers

 

please IGNORE ALL FURTHER letters etc

 

you issue is you've comminicate dwith them.

they think they've found a mug to fleece

 

you now know better!!

[deeky81]

Hi guys, thanks for the quick response.

I'm not sure if this is the thread that I reply too, still trying out how to use this site.

 

Since my last post I have spoken to someone Debt Agency Scotland and he's given me some info.

 

I've been going over the paperwork and my credit file regarding O2 - The first account is showing as started on 6/6/05, and the last payment to O2 is showing on 29/5/06 and the account was defaulted on May 2007 - The other O2 accout is showing as started on 24/11/05, and the last payment to O2 is showing on 9/12/05 and the account was defaulted on 6/09/06 - No payments have been made since then, to O2 or Lowell but I have received and sent correspondance - Can I use the Statute Barred for either of these accounts? The guy from the DAS says that I should continue to fight them for further proof (even though they have sent me statements from the account) - Help Please?

 

The two Shop Direct accounts are showing as 'Satisfied' with Shop Direct - But are showing as Live on Lowell, again all I've had is a re-constituted version of a credit agreement, with no Signature.

 

I'm at my wit's end with it all, a few years ago I would have just roled over and paid - But not today.

 

Thanks again for the help - This is the first time I've been on the site and it's fantastic.

[LostAtSea]

As you live in Scotland any debt would become SB after 5 years providing there had been no payment made or written acknowledgement of any debt. The default date is probably when the DCA bought the alleged debt and a pathetic attempt to try and keep it live. Send them a statute barred letter. The relevant law covering this is the Prescription and Limitation Scotland Act 1973 s.6:

 

Extinction of obligations by prescriptive periods of five years. (1)If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of five years—(a)without any relevant claim having been made in relation to the obligation, and(b)without the subsistence of the obligation having been relevantly acknowledged,then as from the expiration of that period the obligation shall be extinguished:

[deeky81]

God I love this site!!!!

 

Ok, just so I'm clear, I'll send Lowell a SB letter - What happens after they receive it, do they remove the debt from my credit file or does it just lay dormant? If the debt still stays on my file can I write to the Credit Agency's and have a note applied to each of the debts?

 

Having read Lowell's reputation, I'm pretty sure that they will try and fight the SB notifications, alledging that I am still due the debt, I'm sure my persistence will pay off!!

 

Thanks guys - I'll up-date once I have some feedback.

[bluedogx]

Remember the debts are not only SB but prescribed. They are extinguished - gone. There is a prescriptions letter on the site somewhere

 

B

[dx100uk]

the 2nd o2 debt is not yet sb'ed

 

but pers i'd not do anything.

 

if o2 wanted their money they would have asked for it before now

 

ignore the lot - do nothing.

 

dx

[deeky81]

Hi,

 

Since my last post I have received 2 letters from Lowell, one telling me that they have written of another debt they couldn't prove and one to advise that the two O2 accounts and the two Shop Direct accounts had been placed on hold - Here's hoping that they'll see sense as they can't prove a thing!!

 

As well as the above debts I received a letter from them regarding a credit card I had when I was 18. I'll spare the details but I went through a pretty bad patch and stopped paying all of my debts. I sent Lowell a letter asking for the information under the CCA and they sent me back a copy of the agreement that I signed in 2000. Since receiving that letter I sent them another letter advising that I acknowledged the debt. The bit I'm kicking myself about is under the Prescribed terms in Scotland I could have used the "no payments in 5 years"?

 

What I want to know is that as I've acknowledged this debt, do I need to pay it? The silly thing is now that the credit card company have since issued me with a new card (and a new account). I know that there have been no payments made to the first account since 2002??

 

Maybe worth mentioning that the debt does not show on either Equifax or Experian (I'm thinking long term, if Lowell decide to re-place back on the credit file).

 

Thanks

[maroondevo52]

Hi,

 

Since receiving that letter I sent them another letter advising that I acknowledged the debt. What I want to know is that as I've acknowledged this debt, do I need to pay it?

 

 

As I see it, if there has been a period of 5 years with no payment or acknowledgement has been made to this debt, the debt becomes ‘extinguished’ and legally no longer exists. I can't see how you can admit to owing something that is no longer there.

 

I would also think that if you have started to make payments on a debt after the five year limitation period has run out, your payments will not have revived the debt. The debt is still ‘extinguished’ and legally no longer exists. You could even argue that the creditor should pay back the money that you have paid because there was no debt to be paid off.

 

Regards.

 

Scott.

[deeky81]

Thanks for that!!

 

To be honest I was just going to pay it because I do owe it, but 11 years ago!!

And I only started receiving letters about a year ago. I'll leave it just now as it's not showing on my credit file, might just let them stew as they are getting on my nerves!!

I've not made any payments yet and they haven't sent me any statements either so, stuff them!!!!

[deeky81]

Since my last post I have had most of the debt written off, however I am still having problems with the Shop Direct Accounts - I have no idea what they are for and Lowell have sent me a copy of a Credit Agreement with no signature, apparently it is a true copy!!

 

Where do I stand with this, the debt is only 3 years old so I can't use the 'Limitation' clause. I sent the following email to Andrew Bartell at Lowell and I have also included the response:

 

 

Dear Mr Bartle,

 

I write to you today regarding the following accounts:

 

Shop Direct – Lowell Reference:

Shop Direct – Lowell Reference:

 

Since the original letters were received from you I have disputed both the Shop Direct Accounts. Recently I received a copy of a credit agreement which you claim that ‘I’ would have signed, yet you have failed to produce this document with my actual signature.

 

I am not a lawyer, however I understand that no contract can be enforced unless there is a signature. I have written to you several times asking you to provide copies of the agreements that I signed, and I have received nothing.

 

You wrote to me in January stating that you were still trying to obtain this information. I have been disputing both of these accounts with you since July 2011, whilst I understand that it can take some time for you to get the necessary information from your clients, I feel that 9 month is long enough.

 

As I have not received any evidence that I signed these agreements and I STILL DO NOT ACKNOWLEDGE THESE DEBTS, I would ask that you remove these debts as unsubstantiated.

 

I look forward to hearing from you.

 

Kind regards,

 

HERE IS HIS RESPONSE:

 

 

Mr Holmes

 

I will ask my legal council to give you the correct legal stance on re constituted agreements. If you have never had this account then you will obviously have nothing to pay, but I'm sure if you have had an account that requires re paying you would want to do so

 

Andrew Bartle

Sent from my iPad

 

MY RESPONSE:

 

 

Mr Bartle,

 

Thank you for the quick response!

 

I do not require your legal council to give me an education on re-constituted agreements, however I would ask that your legal council produce a legal binding document, by this I mean a signed copy of a credit agreement (By which the Consumer Credit Act states ‘Only sign this if you wish to be legally bound by its terms’) that I XXXXX have signed it.

 

As I have not received a copy of this agreement, surely I can’t be bound by it’s terms?

 

I am an honourable person and I am willing to pay anything that I owe, if in fact Lowell Portfolio can prove that I owe this.

 

Kind regards,

 

Andrew Bartle has responded again and stated that he will have the matter 'resolved' for me.

 

Basically I would like to know where I stand, normally I wouldn't bother, but these accounts are showing on my credit file.

 

Any help would be appreciated.

[maroondevo52]

Sending a SAR to Shop Direct would let you know the score regarding the two accounts you say you have no idea what they are.

[deeky81]

Thanks for that, it's the one thing I didn't think off.

 

It's strange as I don't even recall any letters coming in from Shop Direct either.

[dx100uk]

well if they are on your cra then obv you 'did' have these catalogues at sometime?

 

so you cant really try and wriggle on a paperwork rror

 

dont forget most cats are online application

or

when you placed your first order, that signs you up.

 

 

eitherway you get a CCA through the post

if you chose not to return it

and the cats are post 2007, you dont stad a chance IF the debt ARE yours.

 

we do not do 'debt avoidance' on CAG.

 

however, i bet the SAR will show that its littered with £12 fees for everything

 

it might well be that those on a reclaim will wipe the debts.

 

dx

[deeky81]

Thanks dx100uk

 

I've printed out the necessary info and have the letters ready to post to Shop Direct.

 

I have no problem paying something that I owe, I just don't recall anything from Shop Direct.

 

I had two catalogue accounts, (Think they were Kays and Littlewoods) but they were cleared off and I have the letters confirming that the accounts are cleared and are now closed.

 

So perhaps it's interest charges. I am a bit OCD when it comes to letters and stuff like that and I keep everything, I have several filing cabinets full of letters, even found my first pay slip from 1996 - So it's strange that I don't have anything saying that I have outstanding debts and these are the only two on my credit file.

 

I'm sure the SAR will clear everything up!

 

Thanks for all your help.

[dx100uk]

sound like me though sadly i for some reason shredded closed accounts

 

then i found cag --- no!!!!!!!

 

sadly i think you'll find the two accounts that are on you cra

are the ones you mention above & its charges related

 

dx