Help With Lowells and M+S Card debt

[gamekeeper01]

Hi all, I have read and used the information given on thesite for some time with some success and I thank you all very much but, now need advice/help with the dreadedLowell bunch.

 

I had a credit card debt with M & S which due tocircumstances at the time could not pay and that was back in 2008. I did maketoken payments for a while but these were stopped in January 2010.

 

I have managed to bat all comers off so far but Lowells have nowpurchased the debt from M&S and are a little more persistent.

I have asked them under CPUTR 2008 to confirm they have theoriginal agreement and provide a copy of same. After trying three times theyhave still failed to answer my enquiry and just respond with the usual guff and procrastination.

 

However, they sent me a letter earlier this month saying theyare giving me 21 days to either pay up or they Will:

 

“send an agent roundto have a word or, proceed with court action or petition for my insolvency”

 

Now this is all very threatening so I wonder is this thestandard rubbish they issue or is there truth in what they say?

 

Any help or advice with be great and feel free to ask anyquestions I’ll do my best to answer them.

Cheers

[BRIGADIER2JCS]

Hi, How big is the debt, Lowell are well known for the use of statutory demands when thy are not appropriate.

You need to make request for the agreement under sction 77/78 of the Consumer Credit Act 1974, (CCA request) there is a template in the CAG library there is a statutory fee is £1 they have 12 + 2 working days to reply address it to the Compliance Manager send by recorded delivery.

[citizenB]

Yes, their letters are extremely intimidating and pretty much in breach of OFT guidelines.

 

What exactly do they think they can do if they do "send someone round to have a word" ? It sounds as though they are part of the Kray empire, where they used to send the boys round !!

 

They have absolutely no power on your doorstep - you can ask them to leave should they turn up - you certainly do not invite them into your home.

 

You are legally entitled to have them only contact you in writing and they are obliged to abide by the OFT and their own industry guidelines.

 

They are extremely litigatious and have been issuing stat demands like confetti - although a good majority of these are being set aside, they are at first very frightening and then time consuming in the set aside process.

 

They did use to send these purely as a debt collecting tool, however they are now, thanks to OFT censure, following them through if the recipient doesnt get them set aside. Their use is an abuse of process, a waste of court time and simply using the insolvency courts as a debt collecting tool. Almost all the demands I have seen have triable issues and they should issue a claim in the proper manner if they wish to go that route.

 

If you send hte CCA request as advised, that should keep them off your back for a while.

 

Can you let us know when you first took out the M&S card ?

[BRIGADIER2JCS]

There is a user today stating that Lowell via RED have threatened SD on a debt of less than £400, they are at it again.

[citizenB]

There is a user today stating that Lowell via RED have threatened SD on a debt of less than £400, they are at it again.

 

Then the OP must send the letter to the OFT - they cannot threaten bankruptcy for less than £750.00.. I do wish government would get its finger out and increase this amount.. it is medieval.

[BRIGADIER2JCS]

Then the OP must send the letter to the OFT - they cannot threaten bankruptcy for less than £750.00.. I do wish government would get its finger out and increase this amount.. it is medieval.

 

Just like the ''footpads and highway men of that era CB, post has been advised and a letter composed that can be sent to the OFT.

[citizenB]

[42man]

How did you make your request for the agreement ? via email or on the phone ? Also when you make an agreement request you need to make it official and enclose a £1 postal order and send it recorded delivery you can find the link here - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

[42man]

If they are planning a stat demand then you should be well prepared, a SAR to the original creditor might be a good measure too.

[gamekeeper01]

Hi all and thank you for all the replies. I have asked forand received a copy of the agreement although it’s of very poor quality andcannot be easily read.

I took the card out between 2000/2002 I can’t quiteremember. The debt if for just over £7K so you can see why they’re chasing me.

There is no PPI on the balance as I never took this out as Ithought it was a waste of money (funnily enough it was) and as for charges onthe account I don’t think they are high if at all but again not sure.

I was under the impression that if they want to take legalaction against me they would have to submit the original document to the courtat inception (I live in Scotland).Hence my reason for asking if the original does exist. I don’t think it doesbut thinking and knowing are two very different things.

Cheers

[BRIGADIER2JCS]

Yes the original is needed.

The agreement also MUST be easily readable.

[gamekeeper01]

Hi and thank you Brigadier. I have read many of your posts and am delighted your helping me with this.

So, on that basis if the original does not exist there's nothing much they can do then or is there?

[BRIGADIER2JCS]

Unfortunately case law has given the opportunity to provide a ''reconstituted'' agreements which are simply the terms and conditions of an account at the inception any changes during ther life of the account and the final terms and conditions it must have the debtors name and address at the inception of the account and the creditors details as at inception, this coupled with statements showing useage of a credit facility could lead a judge to find that the debt subsists and is enforceable.

 

Can you post up a suitably redacted copy of the agreement you have received pleased I would like the team to take alook.

[havinastella]

Just a quick point, was there ever a gap of 5yrs years when no payment was made?

[citizenB]

Hi all and thank you for all the replies. I have asked forand received a copy of the agreement although it’s of very poor quality andcannot be easily read.

I took the card out between 2000/2002 I can’t quiteremember. The debt if for just over £7K so you can see why they’re chasing me.

There is no PPI on the balance as I never took this out as Ithought it was a waste of money (funnily enough it was) and as for charges onthe account I don’t think they are high if at all but again not sure.

I was under the impression that if they want to take legalaction against me they would have to submit the original document to the courtat inception (I live in Scotland).Hence my reason for asking if the original does exist. I don’t think it doesbut thinking and knowing are two very different things.

Cheers

 

It is my understanding that Scotland has different rules and the original MUST be present in court.

[BRIGADIER2JCS]

Lowell aren't that bright CB:-)

[babydoll0141917]

They would have to produce the original in court if it was pre 2007..I dont think a recon would be effected..Correct me if I wrong anyone

[BRIGADIER2JCS]

In Scotland the original is needed as CB said.

[babydoll0141917]

Sorry Must of posted the same time..I read on CAG that if pre 2007 an original is required Scotland or not

[gamekeeper01]

[ATTACH=CONFIG]40153[/ATTACH][ATTACH=CONFIG]40152[/ATTACH]

Hi Brigadier, I have attached the redacted application form which wassupplied to me by M & S (as well as Lowells). Also included with this copy was theTerms & Conditions dated 14/09/2011. Now, as long ago as it was when Iapplied I can remember signing this form and it was a little A5 type form andthe information on the forms attached was all there was.

It was taken out in February 1998.

I look forward top your comments.

Cheers

[gamekeeper01]

Hi again, no there has never been a gap for five years when no paymnet was made. Last payment made 2010. Some way to go before SB is achieved.

Cheers

[citizenB]

The images are a bit tiny.. could you please follow instructions below to upload..

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

To comply with the s78 request they needed to supply you with..

A copy of or reconstruct of the original agreement.

Terms and conditions from inception

Terms and conditions at default

and a statement of account.

 

You say you opened this account in 1998 ? Did you sign for it instore/online/or from magazine ad ?

 

[citizenB]

Do you know if it was originally a Store card that then became a Credit Card

[gamekeeper01]

Hi CB, I signed for it in store. I don't think it was a store card but honestly can't remember.

Would you explain why you ask? I will follow your instructions and repost the forms asap.

Cheers

[citizenB]

Hi CB, I signed for it in store. I don't think it was a store card but honestly can't remember.

Would you explain why you ask? I will follow your instructions and repost the forms asap.

Cheers

 

 

Cos if it was a store card which was then upgraded to a credit card.. chances are you were never given a new agreement !! Have a read of the article linked below

 

http://www.consumeractiongroup.co.uk/forum/content.php?867-Has-your-store-card-been-automatically-upgraded-Hot-News-for-you!!!