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Hi,I am hoping someone can help, i have had an offer of redress on the above, but they say it will be offset against an outstanding balance with Lowell's. They sold this to them in 2009 and i have requested from Lowells and Shop Direct both copies of the CCAbut non forthcoming. Can they do this?

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It depends on their terms and conditions.This is a practice we have seen recently with others.

I cant see how they can offset any refund against arrears unless the account is re-assigned back to them.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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If SD have sold the account,then they have no rights or title to set off arrears from any refunds due.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Maybe worth asking them to put in writing under what scope / area of law they are relying on in their decision.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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I agree with Martin treat this very care fully if you can give me the details I will happily dreaft a letter for yo.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Morning,Sorry got called away yesterday, so have only just got to see your replies. The details are that i had a Additions account usual case things went wrong and it was eventually sold onto Lowells. I have an outstanding balance with them. I have requested a copy of CCA which as yet has not arrived? I appled for the PPi to be refunded from Shop Direct on this account and received a letterstating after the usual time constraints that they had upheld my claim but as i had an outstanding balance with Lowells it would be to quote" As your account was sold to Lowells the total redress will be paid to them to reduce part of the outstanding balance" They have not included any terms or conditions with this letter just the usual as this was sold before 5th November 2005 Fos may not take up your case?What do i need to do now please.

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The FSA handbook in relation to limitation says different.

In fact I am sure that it says 3 years after discovery.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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information for businesses covered by the ombudsman service

 

This section answers a number of frequently-asked questions (FAQs) about:

before we get involved

 

time limits

 

there are time limits for consumers making a complaint - when is a complaint “out of time”?

The complaints-handling rules set time limits for consumers to refer complaints to the ombudsman. After these time limits have expired, the business can choose to object to the ombudsman looking at the complaint on the grounds that it is “time-barred”.

Generally, these time limits are:

 

  • six months from your business sending the consumer a final response (which has to mention the six-month time limit); and
  • six years from the event the consumer is complaining about (or – if later – three years from when they knew, or could reasonably have known, they had cause to complain).

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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should i take this to Fos then and ask them?

 

Yes I believe so.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There are a couple of options.

1.You can taker it up with the FOS

 

2.

You could ask a Court to order the disclosure.

 

Instituting legal proceedings will not affect rights or entitlements to complain to the FOS or visa versa

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 years later...
should i take this to Fos then and ask them?

 

Hi,

I hope you don't mind me asking what was the outcome of this?

I am currently in the same position with shop direct and lowells.

I am going to put in a complaint and ask that the refund be sent to me, just interested to see if shop direct can offset to lowells?

 

Stacey

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Hi,

I hope you don't mind me asking what was the outcome of this?

I am currently in the same position with shop direct and lowells.

I am going to put in a complaint and ask that the refund be sent to me, just interested to see if shop direct can offset to lowells?

 

Stacey

 

 

threads from 2012

 

 

you need to start a new thread

 

 

of your own.

 

 

thread closed

 

 

PPI redress cannot be offset if the debt has been sold on

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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