someone please give advice for large catalogue debts

[babydoll0141917]

Firstly ..

Was the original agreement always with the same company .

 

.IE .For example Marshall ward became Isme?

 

And when did you open the account?

 

my 2 were open in 1999 and 2001,,

 

They changed names .

 

.so obviously didnt have the original agreements

 

..One tryed to fob me off with a recon

..no names nothing

,Told them to get lost

..they sold to Lowells and lowells wrote it off...

[vonny1]

The agreement was with kays that then changed to K&Co.

 

But there is no agreement as such as I never signed one,

 

only an agreement for some buy now pay later goods in 2008 and those goods have been paid for!!.

 

The account was opened via telephone in 2006.

 

Many thanks x

[babydoll0141917]

Well they are fobbing you off then

 

..Just tell them until you see a signed copy of the original agreement

(which they haven't got) that is signed then you wont correspond anymore .

 

.Tell them that the Agreement you have signed is for a BNPL.

. and it has been payed off..

 

..Keep writing to them tho rattles their cage.

.Ive never known a Cat Company to take anyone to court.

 

I signed many of them BNPL agreements

..One as been written off..

The other I'm paying £20 a month for

..But I know I can stop paying when I want as They will not have agreement..(was Choice now Littlewoods).

 

.They have many Signed BNPL agreements

 

I'm sure if they could get away with taking me to court on them agreements they would of by now .

 

...I have never asked Cat NO2 for an agreement as they have never hassled me

 

..They are not adding any interest either.

 

.I told them what I would pay

..they moaned .

.and said it were'nt good enough,

 

But I payed it and nothing more was said

[vonny1]

I offered a monthly payment to kays but they said no and passed it to there in house collections department.

 

They also refused my monthly payment and sold it to lowells.

 

They have been playing letter tennis with me for a while now so

 

I'm hoping that if they thought they'd got enough to take me to court they would of done so by now!!.

 

I will write to them stating I want to see a signed credit agreement.

 

If anyone could give me an idea of how to word it so it sounds like I know what I'm talking about I'd be very grateful.

 

Many thanks.

[vonny1]

Hi some more advice please..

 

I wrote to Lowells saying that they had not sent a signed cca and that wasnt good enough and

enclosed a copy of the letter that they originally sent me saying that they were not going to peruse the debt

unless a credit agreement showed up.

Also that the account was in dispute with Shop Direct and so shouldn't of been sold to them.

 

I have now had a reply saying they do not agree with anything that I've said

and are now handing the account over to their legal department for litigation

to see if they think it will be enforceable in court.

 

I am now receiving lots of phone calls from Hamptons demanding that I speak to them urgently !!

 

who is Hamptons??

from what I've read on here I thought Lowells legal team were called Brian Carter.

 

Now its in the hands of this Hampton's is it more likely now that I'm going to get sued?? ..

 

Ant advice greatly appreciated.

[Bazooka Boo]

Hamptons illegal is Lowlifes as are Red, Tocato and any other name they dream up, look at the bottom of the missive carefully and it should say that they are a trading name of lowlifes?

 

Regardless, this is exactly what Wonga and SLC have just been dragged over the coals for and fined their petty cash, so report them to the FCA.

 

Your not going to get sued, if the catalogue wanted their money then they would be doing the dirty work themselves, and most certainly well before now!

 

As you have found out, playing letter tennis with children is absolutely pointless, ignore them, report them for the criminal offence of harassment to OFcom, and send the little darling the telephone harassment warning letter, if they ring in future, laugh and hang up, and repeat every time until they get the letter, or you take them to court.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-(update-21.04.2014)(1-Viewing)-nbsp

[dx100uk]

usual threats.

 

if you have not

 

I would ensure you get an sar to original creditor done just in case

 

dx

[vonny1]

Thanks Bazooka Boo I hope your right!!. would I be reporting them to the FCA for telephone Harassment?. Do you have an address for them please or do I just put FCA in google and it will show up?. From all the Threads I've read on here about Lowells they don't care if there wright or wrong they just take you to court anyway on the off chance they'll win. I just feel it has dragged on for so long and now its coming to a head. I just hope the unenforceable card will play out but I'm no longer holding out much hope!!. I sent SAR to Shop Direct last year Dx but it was just lists of transactions so I threw it all away. should I do it again in case the worst happens ? How will having that info help me? thank you for any advice x

[BRIGADIER2JCS]

Hi some more advice please..

 

I wrote to Lowells saying that they had not sent a signed cca and that wasnt good enough and

enclosed a copy of the letter that they originally sent me saying that they were not going to peruse the debt

unless a credit agreement showed up.

Also that the account was in dispute with Shop Direct and so shouldn't of been sold to them.

 

I have now had a reply saying they do not agree with anything that I've said

and are now handing the account over to their legal department for litigation

to see if they think it will be enforceable in court.

 

I am now receiving lots of phone calls from Hamptons demanding that I speak to them urgently !!

 

who is Hamptons??

from what I've read on here I thought Lowells legal team were called Brian Carter.

 

Now its in the hands of this Hampton's is it more likely now that I'm going to get sued?? ..

 

Ant advice greatly appreciated.

 

 

Hamptons is Lowell in house legal department.

 

 

This is a ploy to make you think the matter is in the hands of a Solicitor, but is Lowell just another desk.

 

 

Have you had any documents from Lowell??

Has Hamptons written to you if so how is the letter signed?

[Bazooka Boo]

FCA here http://www.fca.org.uk/consumers/how-to-complain your complaining about the use of various other names in order to exploit your lack of knowledge surrounding debt collection, plus the telephone harassment yes.

 

Whilst lowlifes might be getting more litigious, they are easily defeated and put back in their little box.

 

The worst that can happen is that you continue to receive the puerile threat letters from lowlifes, to my mind and knowledge catalogue debts don't even reach court?

 

This is exactly what DCA's do, the play a war of attrition and wear you down, until you eventually give in, and start paying them money you never really owed.

 

I think you are reading their letters and actually believing the hype they type, put them back in their envelope and put them in the drawer.

[vonny1]

Thank you Bazooka Boo I will put a complaint in to the OFC. when I send Lowells the telephone harassment letter should I add in that I've put a complaint in?? . So even though this debt is now owned by DCA Lowells its still classed as a catalogue debt then??. The only documents I've received from them Brigadier was a photocopy of a credit agreement that they had written my name and address on, I told them that the law required them to send me a true signed copy as the account was opened 2006 but they say that they have satisfied my CCA request. They had already sent me a letter after my CCA request stating that Shop Direct no longer had the document as they do not keep records for that length of time and would not hassle me again unless the document turned up!! then they sent me the unsigned copy. Then 8 weeks later sent me a copy of a buy now pay later agreement signed by myself for goods totaling £500 from 2008 which has been paid.

[vonny1]

sorry Brigadier I forgot to answer your last question, no I haven't received a letter from Hamptons as yet. my answer machine picked up their first call which was automated asking if it was me. I rang the number back to see who it was as I hadn't heard of Hamptons and a man answered and said Lowells so I put the phone down. I have since had many missed calls from them as I just don't answer. I have also received texts asking me to ring them.

[dx100uk]

IMHO I would be gathering all the info I could at this stage

 

it could well prove latterly useful

 

dx

[vonny1]

So you think they are likely to take court action Dx? What information are you referring to? the info I got from Shop Direct was just pages of goods I'd ordered. x

[Bazooka Boo]

Send the texts, or rather 'forward them' onto 7726 (SPAM) on your phone keypad, these are then forwarded to the ICO.

 

Also send lowlifes this http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-(update-21.04.2014)

send it 2nd class post, BUT obtain ''proof of posting'' which is free from the PO counter.

 

The calls are in an autodialler, usually three times a day the computer will ring you, when it hears your voice it 'should' put you straight through to a telephone jockey...however, as you have already learnt you don't need to talk to powerless DCA's.

 

Wait until Hamptons AKA Lowlifes send you a letter, then you can file that away with the rest of them.

 

You can also complain to Ofcom regarding the misuse of the communications network regarding the phone calls, there is also the ability to go through your phone providers 'malicious calls' procedure.

 

There is no need to inform Lowlifes of your complaints, keep writing to them will only encourage them and make them believe they are in some way important?

 

Don't, I think that most of your problems stem from the fact you have been corresponding with them and not ignoring them enough, if they think they have got a cash cow on their hook, then they will ramp up the threatogramme machine to overdrive....

 

Deal with the original creditors direct, if they wanted their money then they would have done so last year..

[dx100uk]

So you think they are likely to take court action Dx?

 

What information are you referring to?

 

the info I got from Shop Direct was just pages of goods I'd ordered. x

 

be prepared is the best action

 

the issue is, if they move toward a courtclaim

the 33 days does not allow time for an sar [40 days]

 

where you sit now

gives you time to gather your arrows to fire back.

if necessary

 

dx

[vonny1]

But doesn't the info I received from the SAR look worse for me as it just listed the good that were ordered

and unfortunately in the end I couldn't pay for.

 

What info is it I need?

 

The only thing I have in my defence is the debt being unenforceable,

which after many hours of reading on here looks like its down to pure luck!!

 

Do DCA's send out SD's sometimes with no intention of it actually getting to court ,

they just hope you break down and pay through worry!!.

 

Many Thanks.

 

Unfortunately I have a mortgage on my house Bazooka Boo

so I cant see them giving up on this one without a fight. J

 

ust as another scenario,

what would happen If I wrote and offered them a small amount each month,

would they accept or just say its not enough and continue anyway??

 

many thanks x

[Bazooka Boo]

Vonny you're trying to second guess how they operate, it's pointless..

 

You want the SAR so you can see what, if any, fees charges and interest they have claimed on any charges so you can reclaim them, this will bring the total amount of debt down.

 

Once you have reclaimed everything, then you can enter into reasonable negotiations with the catalogues and come to an agreement of how much you can afford to pay.

 

However, the agreement is on YOUR terms, NOT theirs, and will include them stopping all interest and charges being added, or you will pay £1 a month for the life of the debt.

 

Try not to worry too much about this, as it IS NOT a priority debt, this means that were you to offer £1 a month and they were being their usual rapacious self and took legal action over this, then the DJ would simply look at your offer, then at your I&E and will either agree that this is all you should pay, increase or decrease it, it is merely a catalogue.

 

Yes some DCA's use SD's as a form of debt collection but this is very much frowned upon, and should always be reported.

 

This is only money and isn't insurmountable, worrying is like a rocking chair, it gives you something to do but gets you nowhere.

 

Take a step back, collate all info you have regarding these debts, put them in some order, and then SAR the cat if you need to.

 

They cannot refuse an offer of payment, they all do without demanding you jump through various hoops first, but stick to your guns, and they will accept what you pay them.

 

Your mortgage takes ultimate priority, these have absolutely none.

[vonny1]

Thanks Bazooka Boo, but I'm a bit confused now,

 

I did offer the catalogue a monthly payment, as much as I could afford but they wouldn't accept it and sold it to Lowells.

 

Do you mean that if I had just started paying them little every month they wouldn't of sold to DCA?.

 

I've been told that if I make lowells an offer of payment and they don't think it's enough they will take me to court anyway

as I would then of acknowledged the debt anyway.

 

I meant about having a mortgage that I am easy pickings for them,

they'll want to go for bankruptcy or a charging order which is what I want to avoid.

 

What is my best option now ,

ignore them until or if they take me to court and hope for the best?

 

And can I SAR shop Direct again and claim back the charges even though Lowells own the debt??

 

Sorry for all the questions it's a lot for me to get my head round.

 

I really appreciate the advice.

[BRIGADIER2JCS]

I'm more interested in this photocopied agreement, any chance you can post this up please.

Does it have all the terms and condition for instance, or is it just Ts & Cs with your name address written on it., without a signature box etc.

[dx100uk]

vonny

 

most of what you are asking has been covered many times in the thread already.

 

I suspect its pretty obv that if they were going to do anything

they would have done so by now.

 

get all the info you can, then sit back and wait.

 

pers I certainly would not be offering any payment

it wont prevent them doing court or an SD

 

there is no need to pull lowlifes tail

 

wait for their next move.

 

dx

[vonny1]

Ok thank you, one last question. Obviously Hamptons are going to start sending me demand letters now. Do I keep replying telling them there not getting anything or totally ignore until court papers arrive?? Many thanks

[Bazooka Boo]

The fact that you made them an offer and they ignored it, and passed it onto lowlifes MEANS that this is in dispute, and the ONLY letter you ever need send lowlifes is that the account is in dispute with catalogue as they have refused to enter into any negotiations regarding payment.

 

Then start the Cats complaints process, and exhaust it.

 

I don't know where your getting this information from that lowlifes will take court action regardless of your offer from, but you need to stop listening to them.

 

AFAIK you can resubmit a SAR to the catalogue again, lowlifes will not have any information regarding your account, just that you owe money and they want it.

 

Yes you can claim back any charges and fees they may have levied on the account.

 

IMO I would strongly advise against contacting lowlifes less for telling them that the matter is in dispute with the original creditor and until they have satisfied your complaint, you will enter into no further correspondence with them.

 

My head is hurting now, so I'm going to sign off, there are plenty of other who will give good advice, this is a very long thread 16 pages long, and it takes a lot of reading to get your head around.

 

Have lowlifes definitely bought these accounts or are they simply the gophers told to go get their grubby money? Have you checked your credit files?

[BRIGADIER2JCS]

Vonny could you answer post 305# please.

[vonny1]

Sorry Bazooka Boo it is a long read

but I keep getting different opinions and not sure what to go with.

 

you're saying that if I made lowlife a small monthly offer they would have to accept it?

 

I put in my last letter to them that the account was in dispute with Shop Direct

and shouldn't of been sold to them but they didn't mention that in their reply.

 

Yes they own the debt I had a letter of consignment.

 

I will await there next letter and send the account in dispute letter

and you think I should do that with Shop Direct also?.

 

Sorry Brigadier, it was a photo copy of a blank credit agreement on one corner of an A4 peice of paper and someone had written my name and address on it in ball point pen.

 

No othe

r info was on it. Thanks all.