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brightspark72

lowell/shop direct

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hi everyone

 

i am new to the forum and hpoing someone can help.

 

i requested a cca from dca, they confirmed receipt and the 12 + 2 days is up on Friday. i have however today rec'd a letter saying that the oc is trying to retrieve the cca from their archives, and if found i will have to pay the outstanding amount in full.

 

it is for a catalogue debt fron 2009, was paying regularly until i hit problems in april when my mum died. i started paying lower payments which was not good enough for them. i am scared to death, can they make me pay the full amount just because i requested a cca (i thought i was within my rights to)

 

i just dont know what to do. do i send the dispute letter or offer reduced payments w/out proof of cca

 

sorry for waffling, i am just so worried

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As soon as the 12 - 2 days are passed send the Account in Dispute letter by Recorded Delivery. No CCA no proof of debt to enforce. If/when you get a response let us know and we can advise further.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

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The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi and welcome, first calm down they cant do squat, you hace asked for the agreement which is good and they have until the time runs out to procide it, if they do not then send the account indispute letter.

 

if you are making token payments then either carry on which shows willing or after it goes into dispute you can stop until they find the agreement, it is entirely down to you.

 

who is the DCA, if we know then we know how they operate and can advise on their small minded tactics


PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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the dca is lowells portfolio, i was paying the oc payments they then passed debt to lowells and as soon as i rec'd a letter i cca'd them to proove debt was infact passed to them. so as yet no acknowledgement of debt to lowells

 

thank you

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Hi Brightspark,

Welcome to CAG, and first of all, stop worrying!!

They are trying to frighten you, probably because they know damn well that they won't be able to find an agreement.

Do you actually remember signing one?

 

Stay cool, they're just throwing their Teddy out of the pram. You'll get all the help you need on here to deal with them.

In the meantime have a read of my debt threat blog here, which should explain the process a little:

 

http://www.consumeractiongroup.co.uk/forum/entry.php?180-Debt-Threats-a-quick-self-help-guide

 

 

I doubt very much they'll be able to come up with anything! :roll:

 

Shout if you need more help,

 

kind regards,

Elsa x


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thanks elsa, i will.

 

i just feel so trodden down. i have found it so difficult to come to terms with my mums death as she lived with me and contributed grearly and unfortunately i lived to my means. on a monthly basis i am down approx £500. i have written to my oc's and they have been so unhelpful and reacting as if i am deliberatly trying to get out of the debt, which i am not. i just want to pay on terms that i can afford for the moment. but i have read so many horror stories about stat demands and such like i am scared i will also lose my home and possessions.

 

i have had a perfect credit for over 20+ years and as soon as you need help they just turn there backs on you

 

so sorry rant over

x

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I feel for you - what a horrible time you've been through and are still going through. You're right that when you need them, they just turn your backs on you - they only want you for your money.

 

As no CCA has been supplied it is very straightforward, until they come up with something you send off the in dispute letter, they by law cannot continue to collect on the debt, and you forget about it until they get back to you which they may not.

 

You seem to be a worrier (I know the feeling!), but there really is no point in getting worked up over something that may or may not happen in the future. I know this is easier said than done, but please do try. Is this the only debt you're worried about or are there others - if there are it might be a good time to get everything out in the opoen and dealt with, then you can get on with your life without all this stress.

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Morning everyone!!! i hope you can help i am feeling sick with worry.

 

Due to unforseen circumstances i had to start making reduced payments on my shop direct account this wasnt acceptable and they passed the debt to capquest. I sent them a cca request which runs out tomorrow. In the meantime i have rec'd a letter from shop direct saying that they are unable to provide a properly executed copy, and they have enclosed a current agreement. It goes on to say as the debt remains unsatisfied it will be recorded on my credit file etc. The account was opened in 2009, what does this mean and what will happen with capquest. i am scared after reading some of the horror stories about them.

 

Thank you in advance of your help

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give us the history please

 

and amounts

 

dx


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Account opened 2009, lower payments started may 2010, passed to capquest beg feb. CCA sent after capquest letter rec'd (not sure i should have done this). Rec'd letter back from capquest saying they had requested info from shop direct. Yesterday letter rec'd from shop direct. Nothing as yet from capquest. Amount is £1200.

 

Thank you, sorry if garbled

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Hi

Do you know if the debt is being collected by Capquest on behalf of ShopDirect or if the debt has been sold to Capquest?

 

Your priority outgoings are more important than unsecured debts and if Capquest don't like it then, well, tough!

 

Here is a link to our library.

http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here

 

You could use some of the letters to negotiate and at the bottom of the negotiating letters is a budget planner. Use that to work out what you could afford.

 

As Capquest have failed to provide the agreement, this puts you in a stronger poaition to offer a Full and Final settlement (if you could get the money together)


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Account opened 2009, lower payments started may 2010, passed to capquest beg feb. CCA sent after capquest letter rec'd (not sure i should have done this). Rec'd letter back from capquest saying they had requested info from shop direct. Yesterday letter rec'd from shop direct. Nothing as yet from capquest. Amount is £1200.

 

Thank you, sorry if garbled

 

I bet there are lots of late charges on that amount. If so, reclaim them.

 

Capquest cannot demand you pay more than you can afford. You work out how much you can afford and send them it.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Should i just try to negotiate a payment with them, and should i not contact them any further re the CCA?

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So sorry to be a pain. Should i wait for a letter from capquest or should i write first with an offer of payment. Is it irrelevant that shop direct cant provide a properly executed agreement (sorry to be thick) as the account was opened in 2009.

 

I am such a whittler.

 

Thanks

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Try and calm down, it is only money not life or death, wait until cr@pquest write you their first missive, then you can go from there.

 

No it is not irrelavent that they cannot provide you with your request, as without one, they are unable to take any legal recovery action against you, ie, they will not be able to take you to court for a start.

 

For as long as they are in default of your CCA request, then the account can be disputed, and the ball is firmly in your court, you now call the shots.


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 for your help, i was getting really confused with the cca thing, as i thought as the account was opened 2009 then the cca didn't matter.

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If you requested it and they have said they cannot produce it, not even a recon one, then they have nothing to enforce in a court, granted you may have rung up this amount, but it will now be up to you to TELL them how much YOU will pay them back each week or month.


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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Wish it was that simple Bazooka Bill, shop direct havent supplied me with the correct cca but wont accept my payment offer.

 

Sorry, not hijacking, just pointing out that there seems to be no common sense in dca-land :-)

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when your paying and buying they are your best friends but as soon as you need a bit of help their backs are turned. Thank you all so much for your info. I will wait and see if capquest come back to me, will they know what shop direct has sent me? (a letter saying no cca available). Do i need to send an account in dispute letter?

 

thanks again

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Wish it was that simple Bazooka Bill, shop direct havent supplied me with the correct cca but wont accept my payment offer

 

On the contrary, it IS that simple! Matters not one jot if they accept your offer or not, make an offer which is both realistic and affordable to you, and stick to it, they don't have to accept it, but so long as you are paying them something, what do you think they are going to be able to do?


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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I see your point :-)

It just grieves me to send the payment regardless just to see it disappear in charges (which they wont suspend) :-(

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Ah I see your point! In that case then drop the payments down to the minimum token payment of £1 a month. Have you gone through the process with them and ascertained their right to collect on this?

Have you got a thread on this, if so post the link on here and I'll have a look in.


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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You see, now i feel bad because i am definitely NOT trying to hijack this thread lol. Sorry brightspark, i can only offer moral support as you are further down the line than me :-)

 

Yes i have a thread and have just sent off a superb letter written by Tingy (lovely bloke) and await a reply for it. Thread here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?286595-Shop-Direct-CCA-is-it-correct-I-am-confused-now!&p=3222653&viewfull=1#post3222653

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You see, now i feel bad because i am definitely NOT trying to hijack this thread lol. Sorry brightspark, i can only offer moral support as you are further down the line than me :-)

 

Yes i have a thread and have just sent off a superb letter written by Tingy (lovely bloke) and await a reply for it. Thread here

 

QUOTE]

 

I didn't mind and all moral support gratefully accepted

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