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    • Hmm, so.. basically have to rely on the default notice not containing all that it should and the claimant misleading the court for the reason for the application.. and judge lottery : /
    • Which would require a hearing....so the fee would be £255.00
    • When providing a copy of an executed agreement in response to a request under section 78(1) of the Act:   a.     must a creditor provide a photocopy (or other form of complete copy) of the original agreement that was signed by the debtor or at least provide a copy which is derived directly from the original agreement or complete copy thereof? or b.     can a creditor provide a document which is a reconstitution of the original agreement which may be from sources other than the actual signed agreement itself?   It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.   The judge accepted that as a matter of law, section 78 does not itself require any particular explanation as to how the copy was made. However, as a matter of good practice and so as not to mislead the debtor, it is desirable that the creditor should explain that it is providing a reconstituted as opposed to a physical copy of the executed agreement. This will also explain why the copy might otherwise look a little odd. The creditor can also explain in the letter that this procedure is satisfactory under the Act. The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):   1.     Heading: Credit Agreement regulated by the Consumer Credit Act 1974 2.     Name and address of the debtor 3.     Name and address of the creditor 4.     Cancellation clause applicable to the executed agreement.   All of the above may be provided on a sheet which is separate from the full statement of terms and conditions which also forms part of the reconstituted agreement. The creditor may, however, decide to reconstitute the agreement in a different way so that, for example, the information above is populated electronically onto the same sheet as that which sets out the terms and conditions, or some of them. The judge stated that he did not intend to prescribe the precise form of the reconstituted agreement. The key point is what information it should contain, subject to the point that its format should not be such as to mislead the debtor as to what he agreed to.   The judge also considered whether a statement like the one appearing in the reconstructed application form in Carey referring to the agreement to the terms and conditions "attached" needs to be included in the reconstituted copy. Alternatively if the application form had said "I agree to the terms overleaf", should that statement be included. The judge held that this aspect of the form is not necessary for the purpose of the section 78 copy, although there is nothing to stop a bank from putting it in or indeed from furnishing a copy of the type of application form or signature page that the debtor would have signed, as some banks have done. The statement referring to terms and conditions is not itself prescribed information and the supply of the terms and conditions which were applicable at the time will tell the debtor what he needs to know in terms of the content of what he signed up to, including the presence (or otherwise) of the prescribed terms.   In practical terms what this is likely to mean is that if the creditor chooses to use as the section 78 copy the section 63 copy, which would have been provided to that particular debtor at the time following execution of the agreement, this will be sufficient provided that the information referred to above is supplied. This exercise is not a mere formality. The creditor will need to check carefully that the details of the debtor at the time are correct and that those are the particular terms (including prescribed terms) that he/she agreed to. This is to ensure that it is an honest and accurate copy.   Must a creditor provide a document which would comply (if signed) with the requirements of the Consumer Credit (Agreements) Regulations 1983 (Regulations) as to form, as at the date the agreement was made in order to comply with section 78?   A creditor need not, in complying with section 78, provide a document which would comply (if signed) with the requirements of the Regulations as to form, as at the date the agreement was made.   Must the copy provided under section 78 include the debtor's name and address as at the date when the agreement was made, and if so in what form? The section 78 copy must contain the name and address of the debtor as it was at the time of the execution of the agreement. But the creditor can provide the name and address from whatever source it has of those details. It does not have to take them from the executed agreement itself.     If an agreement has been varied by the creditor under a unilateral power of variation, is a copy of the executed agreement as varied, a sufficient copy for the purposes of section 78(1), or must the creditor provide a copy of the original agreement as well?   If an agreement has been varied by the creditor under a unilateral power of variation, the creditor must still provide a copy of the original agreement, as well as the varied terms.     As your agreement is post April 2007  Section 61(1)(a) and 127(3)   Consumer Credit Act 1974 would not apply.   Andy
    • well start a new thread for the court claim.   as for this one i'd await the letter of claim  
    • Useful information...   And....   https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55
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yoyogirl

Advice needed on debt - do I owe Lowells anything?

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Hello all, I am a total novice to all of this, so apologies for being a bit wet behind the ears. I would really appreciate some help and advice over a matter that has recently happened to me. I don't know how much info you need so I will just tell the full story, sorry if it is too much info.

 

I took out a store card from the high street shop “Warehouse” (IKANO) in Sept 2004.

 

At the time I lived in Glasgow. I never should have taken out the card as I had no real intention of using it, I only took it out to get an on the spot discount on a large purchase.

 

To the best of my knowledge I never used the card, but never got round to cancelling it either.

 

In June 2008 I moved from the Glasgow address to a new town about 10 miles away, where I still live today.

When I moved I hadn’t used my Warehouse card for almost 4 years, and did not think I owed them any money.

I had had very little correspondence from Warehouse over the years as I had not used the card.

When I moved I did not contact them with my new address, and over the years I totally forgot I had ever had the card.

 

In Oct 2012 I got a letter from the debt collection agency Lowell saying they had purchased my debt of £50.74 from IKANO

and that I needed to pay them this amount asap to avoid further action against me.

 

I called them and said I had no idea what the £50.74 was for, and they said they would get the details from IKANO and post them out to me.

 

In Dec 2012 I got a letter from Lowell which included a breakdown of money I owed.

The breakdown said I had made a purchase on my Warehouse card of £2 in Dec 2004.

Nothing further seems to have happened until Dec 2009 when a fee of £12 was added to the account for non payment of the £2.

Further fees were added each month for non payment up until March 2010 when the amount owed had reached £50.74.

 

At this point the debt seems to have been marked as default.

They also sent me a copy of the contract I had signed when I took the card out in Sep 2004.

 

In September 2012 the debt has then been passed on to Lowell to chase, and they then tracked me to my new address and contacted me.

 

Until October 2012 I was unaware that I owed anything and am now unsure if I have to pay this debit collection agency

or if they are just chancing their arm chasing up old debt hoping I would pay them?

 

My main fear is that because I never contacted IKANO to tell them I had moved in 2008 I have missed any letters they sent me in late 2009

and early 2010 telling me I owed them money, and therefore this debt has resulted from my mistake.

 

However it seems unfair to me that they could wait 5 years before contacting me to tell me I owed them £2 in the first place – is this not statue barred?

 

I have checked my credit status on the 3 main sites, and equifax do have it recorded that I defaulted on my Ikano debt in March 2010,

but it is marked as settled - not sure if this means they have written in off or what?

None of the other credit report sites had a record of this debt.

 

I have never been in debt and don't even have a credit card.

I have a Mortgage which I got in 2008 when I moved and was hoping to remortgage next year so that we can move to a big place as now have children.

Is this Default on my record going to cause me problems with credit/mortgage.

 

I would really appreciate your advice on the above issue as my most recent letter from Lowell

says I have to contact them within 7 days or they will instruct their solicitors to take action against me.

They are calling me several times a day and I am currently avoiding their calls.

I also am really worried that if I do not pay this debt my credit rating will be affected.

Can't believe all this hassle and stress over £50, am tempted just to pay to make it all go away!

 

Thank you so much for reading and in anticipation of your help and advice

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Should probably also say on Equifax it says I defaulted on this debt in March 2010 and then it says it is settled in Sep 2012 - which is presumably when Lowell took it over.

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ha ha

 

silly lowlife

 

if you've not used the card in more than 6yrs its statute barred

 

end off,

 

yor mistake was phoning lowlife

 

they think they have found a mug to fleece

 

they are not BAILIFFS

 

they have no such LEGAL POWERS.

 

the one CRA file itshows on

 

you need to write to them and complaint

that the debt has been statute barred for XX yrs and why is it on your file

when it does not show on the other CRA sites.

 

ignore lowlife

 

don't get fleeced.

 

dx


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Thank you for your response, should I write to Lowell telling them to leave me alone? And if so is there a template somewhere here I can use. Do you think equivalent would remove the default?

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Hi, DX is right Statute Barred send the following letter:

 

The Compliance Manager

Lowell

 

ref: as on their letter.

 

 

Dear sir,

I refer to your letter dated xx xx xxxx in widh you allege that I owe a debt for £xx .xx originallly for an account with xxxxxx, please take note I do not acknowledge any debt to Lowell or any company you may claim to represent.

 

I have check my credit history and taken advice on this matter and have concluded that any such alleged debt iss statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to the allged debt

 

I have been made aware of the OFT Guidance on Debt Collection 2002/2012 and the sections regarding the pursuit of statute barred debt.

 

You will now cease to process all data relating to me and remove it from your records and remove all data from credit reference files.

 

I would also remind you that the onus of proof lies with Lowell if you clain the debt is not statute barred and it is not for me to prove it is.

 

send recorded delivery and check when they receive it.


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Ha ha ha ha ha ha ha ha ha ha ha ha ha, oh stop please I'm going to wet myself!

 

How can this outfit ever be taken seriously, Lowlifes are fantastically inept, oh I really hope they get one of my debts to chase it will be so much fun.

 

Don't forget to make formal complaints to the OFT&TS for lowlifes flogging a dead horse and chasing a stat barred debt, and for the storecard failing to disclose the true history of this non debt.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thank you all for taking the time to reply. Being told you have debts when you don't is very worrying when you are trying to keep your head above water and keep your credit good. I wonder if any of you can tell me if the default is likely to come off my record if I get rid of Lowell, or am I stuck with this?

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It should have well been off your records by now..


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Any default should have been added within 6 months of the missed payment date.

 

As these are all charges, the default is in itself 'unlawful'.

 

You need to get this removed with COMPENSATION.

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Thank you all for taking the time to reply. Being told you have debts when you don't is very worrying when you are trying to keep your head above water and keep your credit good. I wonder if any of you can tell me if the default is likely to come off my record if I get rid of Lowell, or am I stuck with this?

 

 

 

as post 3 write to the cra and tell them

 

dx


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The entry should be removed 0n the 6th anniversary of the default paid or not.

If there is still time on a default to run when a debt becomes SB the entry stays until the life of the default ends.


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Ok The ICOs guidance states that defaults ''SHOULD'' be placed within 6 months of the cause of action, and ''if a default sum is made up of charges without which the account would NOT have defaulted, NO default should be placed.

 

You can place a notice of dispute on the CRA entries BUT you MUST make a formal complaint to the Data Controllers of the original creditors and Lowells as they must remove the entries the CRA cannot unilatterarally do this.

 

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