Can you deal a better final full discount with DCA's like Lowell etc?

[dx100uk]

there is little evidence that anyone goes to court on a debt whereby the majority of the debt is made of unlawful PENATY charges

through fear of a counter claim.

 

dx

[blueda]

As you say that your last payment was in 3rd July 2009, then the account would become statute barred on 2nd July 2014, and whatever you decide to do, stop talking to them on the phone, correspond in writing only if you must.

[somethingelseplease]

How much does suing cost?

 

Is there much paperwork involved mate

[gust]

Treat each one seperately . My reclaim has been put on as a counterclaim from dca taking me to court. Dont give in with the others. Hows the cca stuff? All placed in dispute?

[somethingelseplease]

Hi Gust

 

I received all information back and have applied to reclaim charges but Shop Direct have now been in touch today in regards to all 4 accounts

 

Saying that because I had missed payments they are within their rights to cancel any reclaim I make

[somethingelseplease]

Do I still need to put them in dispute all 4 of them ??

[Capricorn1601]

As you say that your last payment was in 3rd July 2009, then the account would become statute barred on 2nd July 2014, and whatever you decide to do, stop talking to them on the phone, correspond in writing only if you must.

 

Is the original poster based in Scotland? Surely its six years not five for Statue Barred.

[somethingelseplease]

Hi there

 

Yes based in Scotland so our debts become SB after 5 Years, 6 in England (no idea why of course)

[BRIGADIER2JCS]

Hi there

 

Yes based in Scotland so our debts become SB after 5 Years, 6 in England (no idea why of course)

 

Debts are totally extinguished as well, far better situation than England & Wales!!

[somethingelseplease]

Just to update this, I've sort have went quiet with the 4 Lowells debts and they keep sending me letters offering discounts etc

 

A new one for an old debt has popped up from Capquest and like before I sent them a request to prove it with a £1 postal order

 

They have now sent me a letter enclosing;

 

1. Reconstruction copy of the credit agreement (which wasn't signed)

2. Terms and conditions

 

They actually sent 2 copy's one from 04/12/2007 and they newer current one 04/05/2010... why would they do this?

 

This one was one of the 5 from Shop direct, the final pne that I didn't think would pop up

 

It's for Marshal Ward and for a total of £1234, so now I have the full 5 shop direct accounts after me

[dx100uk]

you have a thread for each of these 4 debts with lowells already.

 

post in the thread dedicated to the marshall ward one.

 

just clickyour username on the lft.

 

you need to get all your spreadsheets done for each one

post them in the thread concerned

 

and recheck if each one shows on your cra file

 

and post the result in each thread.

 

we need to deal with your 4 debts one by one

not on the same thread as is here

 

dx

[somethingelseplease]

I haven't done one mate for Marshal Ward this is a new one which has risen up from Capquest

 

The 4 others are for the other 4 accounts, Littlewoods, Littlewoods Direct, Kays and Additions

[BRIGADIER2JCS]

Just to update this, I've sort have went quiet with the 4 Lowells debts and they keep sending me letters offering discounts etc

 

A new one for an old debt has popped up from Capquest and like before I sent them a request to prove it with a £1 postal order

 

They have now sent me a letter enclosing;

 

1. Reconstruction copy of the credit agreement (which wasn't signed)

2. Terms and conditions

 

They actually sent 2 copy's one from 04/12/2007 and they newer current one 04/05/2010... why would they do this?

 

This one was one of the 5 from Shop direct, the final pne that I didn't think would pop up

 

It's for Marshal Ward and for a total of £1234, so now I have the full 5 shop direct accounts after me

 

reconstituted agreements do not have to be signed.

2 copies of ts & cs is what is required..

[somethingelseplease]

Ok so as before steps now is the £10 Postal order SAR and ask for all communications

 

I actually see where I started the other threads for each debt

 

The Marshall one was wrong and should have been another Oopps

Edited October 13, 2013 by somethingelseplease
edit

[somethingelseplease]

Just got this through the door, I will try and find out which account it was for and match it up in the threads I started for each debt

 

But going out the door and in a rush so posting it here for quick answers if possible

 

I have sent a £1 postal order again to this company even thought they have already sent me the agreement etc do you think stalling them for a bit longer will help?

 

My last payment of £1 to the debt was a token payment and was made in July 2009 5 years ago so this April will be them all statue barred

 

I'm thinking they know I think this and are now pushing to get the money

 

arghhhhh !!! I want to ignore but when they push SD on you it makes you worried

Ok I'm off will be back later, please any help will be great

Edited February 3, 2014 by somethingelseplease
edit

[ims21]

You need to PDF that letter as you have done when posting stuff before. It is currently a wee bit small to read.

[somethingelseplease]

Sorry here it is

 

I see now there are some 'we may' and 'if we'

Edited February 3, 2014 by somethingelseplease
edit

[dx100uk]

aha Scotland too eh!

 

I've have about 7 copies of that letter since 2008 across 5 accounts

with a neighbour

 

nothing ever usually comes of it

 

just another threat-o-gram

 

dx

[somethingelseplease]

Ok thanks Dx

 

Does make you think though but thankfully this site puts my head at rest...until the next time

 

I did do a few searches about the company and there is quite a few people that have had an SD handed to them at the door

 

and a few people that have then had to start making payments

 

It's when I start searching on other sites that's when it starts putting the shivers up you

[BRIGADIER2JCS]

Hamptons will pass it back over their shoulder to Red on the desk behind who will pass it across the aisle to which ever part of the Lowell group purchasd the debt then they will start all over again!!

[dx100uk]

Ok thanks Dx

 

Does make you think though but thankfully this site puts my head at rest...until the next time

 

I did do a few searches about the company and there is quite a few people that have had an SD handed to them at the door

 

and a few people that have then had to start making payments

 

It's when I start searching on other sites that's when it starts putting the shivers up you

 

not is Scotland you wont...

 

dx

[somethingelseplease]

Ok thanks Dx and Brigadier

 

 

Helpful advice when it's really needed once again

[BRIGADIER2JCS]

Ok thanks Dx and Brigadier

 

 

Helpful advice when it's really needed once again

Always happy to help!!

[somethingelseplease]

Ok Brig I'm updating this thread

 

Do you think I should just keep low and see what happens or send one Lowell debt the SB letter template and see what happens?

[ims21]

This is the relevant part from the Act as to what constitutes an acknowledgement.

 

(1)The subsistence of an obligation shall be regarded for the purposes of sections 6 [F17 and 8A] of this Act as having been relevantly acknowledged if, and only if, either of the following conditions is satisfied, namely—

(a)that there has been such performance by or on behalf of the debtor towards implement of the obligation as clearly indicates that the obligation still subsists;

(b)that there has been made by or on behalf of the debtor to the creditor or his agent an unequivocal written admission clearly acknowledging that the obligation still subsists.

 

http://www.legislation.gov.uk/ukpga/1973/52/section/10

 

Have you got the copies of the letters you sent so that you can check exactly what you said?