Lowells/Red/Hampton - outstanding debts with shopacheck & capital one

[roxy2010]

Can anyone help me with these people.

 

I have outstanding debts with shopacheck & capital one.

 

The companies have now transferred my debts to these people.

 

I asked them to send the credit agreements for both companies months ago and i am still waiting.

 

Hve they only got a certain timescale to send these agreements

as i want to send them a letter but want to have my facts straight before doing so.

[spamheed]

Thay are all the same company, they just use the different letterheads to instil a sense of urgency at the fact the accounts are being "progressed" through their systems.

 

Until they respond to your request do nothing......you are entitled to query every such debt and they are obliged to respond

[42man]

Just keep a close eye out as Lowells are issuing stat demands out at the moment......keep ALL your paperwork including the recorded delivery slips from your CCA requests.

[Desperate Daniella]

When did you take out your Capital One card? If it's an early one they probably won't provide the agreement.

 

If you didn't send the CCA requests by recorded delivery then do that now and check online to see who signed for them.

 

As 42 man says above, they are issuing SDs all over the place at the moment so you need to make them aware that they have an obligation to provide the agreements. Better to head them off rather than having to go to Court to have a SD set aside.

 

There is a timescale, but I can't remember exactly what it is, and although you can say they are in default of your request in fact that doesn't seem to make any difference to them and they'll just ignore it.

 

Start the letter with

 

Dear Sirs,

 

I do not acknowledge any debt to your organization or to any organization you claim to represent.

 

I wrote to you on d/m/2012 requesting ......

 

Kindly provide these agreements within the next 14 days.

 

I would also remind you that you have an obligation under the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) to advise me whether you hold, or have ever held, properly executed credit agreements relating to these alleged accounts. You are also obliged to let me know if you do not have the agreements.

 

 

I am a great believer in putting them on the spot and making them think that you will be a pain in the butt if they pursue you.

 

DD

[roxy2010]

Dear DesperateDaniella

 

Thank you for your reply.

The reason i asked for the agreement for Shopacheck was that they sent me a letter

saying they had transferred the debt to Lowells and that I owed £160.

 

When Lowells started sending me letters they kept sending me three seperate letters saying i owed them over £500.

 

I dont have any problem making a repayment plan with them but I want them to send me the agreements

then i know exactly what i am paying back.

 

I will send them the requests again I think there is a letter in the library re cca requests and the timescale so will go off that.

[Desperate Daniella]

Hi Roxy,

 

Lowells are trying it on by adding fees to increase your debt to £500. They must send you the agreement so make it clear that you will not be sending any payments until they do and ask them how they can think you owe them more than £160 as that was your outstanding balance with Shopacheck.

 

How much did you owe Capital One when it was passed to Lowells, and have they added any fees to that one?

 

DD

[roxy2010]

Dear DD

 

I owed Capital One over £200 still waiting for that credit agreement to be sent.

 

I have had a few of my debts passed on to them.

 

One debt was from Aqua i asked them for the CCA last year and they have finally replied

saying that they have no credit agreement and they arent going to pursue it further

hopefully this will happen with these i doubt it though.

[Desperate Daniella]

Without the charges Lowell have apparently added on you owe about £400 so I don't think you will have any problems agreeing a repayment plan, and I don't think it is worth their while to take any action, especially when they haven't replied to your CCA requests.

 

Let's see what they send in response to today's requests and then decide what to do next.

[Bazooka Boo]

If lowlifes don't own the debt, then you don't pay them a single penny.

[roxy2010]

Can't believe the letter I received yesterday re the Capital One account.

 

The letter states that because we have two months off paying our council tax

and water rates then I should pay them something then it goes on to tell me

what I should pay them this month and next unbelievable.

Edited February 23, 2013 by roxy2010

[Desperate Daniella]

They can ask away all they want, but it doesn't mean they get!

[Bazooka Boo]

Which clown outfit sent you that letter?

[roxy2010]

I would like some advice re two debts that have been passed on to Lowell.

 

I requested the credit agreements last November and never heard anything.

 

I requested them again two weeks ago and told them they had 14 days to comply.

 

They wrote to me and told me that my accounts were on hold

but they dont have to supply the agreements within the 14 day timescale as the agreements are not in their office.

Is this correct ?

 

I know you have templates in your library which state there is a 14 day timescale.

[allison6564]

I'm not an expert but been dealing with nine differant credit card debts these past few months and everyone on here state 12 + 2 days and if not received there is another letter you can send which baicially puts "them" in default for not complying! If you send the orginal request last Nov did you send them recorded delivery, where they signed for and was the £1 postal orders cashed? If so then they went into default back in Nov and can't enforce.

[blueda]

Whilst the accounts are on hold you can withhold payment until Lowel supplys a valid CCA copy.

[postggj]

They might not be able to enforce, but are still entitled to pass negative information to the credit agencies

[roxy2010]

Dear All

 

Thanks for all your replys. I have not sent them by recorded delivery do you think i should send the request again or just wait until i get a response from them.

[postggj]

if you still have proof of your last request by recorded delivery

 

they can go and take a running jump

[renegadeimp]

Lowells are wrong. They have 12+2 days to supply the CCA. If they dont send the CCA in that timeframe, then you send a letter notifying them that the debt is now in deep dispute and they cant collect on it. They can ask for payment, but they cant start threatening court action etc.

 

Send that CCA dispute letter once the 12+2 days is up by recorded delivery, then ignore unless the cca comes through, and make sure you keep copies of everything both you and they send, just incase they try court action.

 

Please note, that the CCA is really only usuable against them if the agreement is pre April 2007. If it is post 2007 then the CCA has a lot less power.

[Guest]

I recently requested a CCA for a debt that Lowell had bought. The debt was from 2009, they were unable to supply the CCA within the 12 + 2 days....I then sent the Dispute Letter, and got a reply a few weeks later (certainly not much longer than that) to say that due to the time lapse the original creditor was unable to find the CCA, so the account is closed, unless they find it. It will be SB in 2015. So unless it comes to light they cant enforce it. That's my situation. Hope it may help.

[DonkeyB]

Whilst the accounts are on hold you can withhold payment until Lowel supplys a valid CCA copy.

 

Sadly, that is legally 100% not true, blueda! Bit of a fallacy that one. But we don’t actually know if roxy is paying anything anyway.

 

Roxy, they have clearly acknowledged your CCA request by replying, so there’s no need to send another request. Whether or not they cash the £1 fee is their problem, providing it is not misappropriated and credited to the accounts. Did you make this clear in your CCA request letter?

 

The only thing to do now is send the ‘account in dispute’ letter once the 12+2 are up, as advised. It used to be an offence to fail to comply within that timescale, but that is no longer the case, as renegadeimp, allison and many others have pointed out here. However, as they are clearly trying to mislead you, you might want to send a copy of their response to the OFT, with a complaint along those lines.

 

Whatever, a CCA request is not necessarily going to make this go away, especially if they do find the documentation and comply. Are there other issues with the account? Who were the original creditors (OCs)? Some history would be useful.

[BRIGADIER2JCS]

Also worth bearing in mind the possibility of a reconstituted agreement surfacing.

[havinastella]

Also worth bearing in mind the possibility of a reconstituted agreement surfacing.

 

Esp if it's post 2007.

[BRIGADIER2JCS]

Esp if it's post 2007.

 

How true the number of recons showing up on relatively ''new'' accounts is worrying though>

[MagnaCarta]

what is a reconstituted agreement? Is this a one sided thing?