Lowell - Getting On My Nerves - shopacheck debt

[roxy2010]

Posted on here a few weeks ago about a debt I had with Shopacheck that had been passed on to Lowells.

 

I disputed it as Shopacheck said i only owed £160 but Lowells said I Owed over £500.

 

I asked Lowells to send me the CCA and told them of the timescale.

 

They told me that they didnt have to comply with the timescale and that they would send me the CCA's as soon as they could.

 

I have now recieved a letter with three CCA's

 

these are not the originals as they dont have my signature on them.

 

Is this acceptable or should they be the originals.

[unclebulgaria67]

As long as the CCA is a version of the one you would have taken out, including all the relevant information that applied, they have probably complied with your CCA request.

 

Do you know when you last made a payment ?

 

When did you take out the account with Shopacheck and how did you apply for it ?

 

I would suggest that you write asking for a full breakdown of the calculation for the £500 Lowell have stated in their letter. My experience with a relatives debts, is that Lowells and other DCA's appear to make mistakes within the debt balances they show on correspondence. Send by recorded delivery and keep a copy of the letter.

 

The letter just needs to be simple

 

I do not acknowledge any debt to Lowell.

 

I refer to your letter dated xx/xx/xxxx regarding Shopacheck reference xxxxxxxxxxxxxxx.

 

Please provide a full breakdown calculation of the sum of £500 shown in your letter. Please include original statements of account from Shopacheck, as requested previously, which you have failed to provide.

 

I look forward to receiving this information, so that I may investigate this matter further.

[Crocdoc]

I would have thought that if you are disputing the balance it would be wise to send a Subject Access Request

as apposed to CCA request as the information provided will identify how the balance claimed was calculated.

 

The consumer credit agreement will only show the amount borrowed, the term of the agreement and the level of interest.

 

On the down side there is a fee of £10.00 for this information.

[BRIGADIER2JCS]

Posted on here a few weeks ago about a debt I had with Shopacheck that had been passed on to Lowells. I disputed it as Shopacheck said i only owed £160 but Lowells said I Owed over £500. I asked Lowells to send me the CCA and told them of the timescale.

They told me that they didnt have to comply with the timescale and that they would send me the CCA's as soon as they could. I have now recieved a letter with three CCA's these are not the originals as they dont have my signature on them. Is this acceptable or should they be the originals.

 

Three separate CCAs or one document in 3 parts?

[filrobbo]

Please tell how can they justify a debt with no proof of it to show in a court of law

[unclebulgaria67]

Please tell how can they justify a debt with no proof of it to show in a court of law

 

You have to be careful in making allegations that you cannot back up. In the event of any court action,

the defendant would have the right to probe the amount of debt.

 

Even before any court action, anybody receiving a letter from a DCA has the right to query the information

contained and to ask for a breakdown calculation.

 

Perhaps in this case Lowell have just put in the interest rate applicable to the debt,

with the relevant dates and a sum has been calculated,

which they have put in their letter.

 

It is up to Lowell to justify this.

[dx100uk]

shopacheck/welcome finance doorstepper account...

 

when did you take this out

 

I think from the old thread it was well prior 2007?

 

dx

[BRIGADIER2JCS]

Please tell how can they justify a debt with no proof of it to show in a court of law

Where is it stated that there is no proof of the debt?

 

But I give you some pointers as to what can and does happen.

 

Case Law has resulted in the creditor/debt purchaser being able to produce a 'reconstituted' agreement that complies with a sections 77/78 request made under CCA 1974, such an agreement together with evidence of the customers use of a credit facility can lead to a judge deciding that on the balance of probabilities that an agreement an liability exists.

 

Read through the threads.

 

BTW the comments you have made really are of no help to the OPs.

[roxy2010]

Dear All

 

Thanks for the replys.

 

They have sent me three seperate reconstituted agreements.

 

If these are legal then i will have to arrange a payment plan with them.

 

I was just questioning whether they were legal as they didnt have my signature

and also Shopacheck sent me a letter stating i only owed £160.

[filrobbo]

Ok thanks for that I will be more carful in my replies

[BRIGADIER2JCS]

Dear All

 

Thanks for the replys. They have sent me three seperate reconstituted agreements. If these are legal then i will have to arrange a payment plan with them. I was just questioning whether they were legal as they didnt have my signature and also Shopacheck sent me a letter stating i only owed £160.

Recons don't have to have signatures BUT must have:

 

Your name and address at the inception of the account

The name and address of the creditor at inception.

ALL the terms and conditions at inception and any other documents mentioned in the those Ts & Cs.

The Ts & Cs at closure of the account

Any amendments made during the life of the agreement.

 

Did you actually have 3 accounts?

[roxy2010]

Dear Brigadier

 

I dont remember having three seperate accounts. According to Shopacheck i only owe £160 thats why i was disputing it.

[dx100uk]

I take there is no sign of this debt on your CRA file?

 

dx

[BRIGADIER2JCS]

Hi Roxy,

# Then these 3 separate documents are meaningless imo, how are you supposed to know which one may be a copy of the original?

[sequenci]

I would have thought that if you are disputing the balance it would be wise to send a Subject Access Request as apposed to CCA request as the information provided will identify how the balance claimed was calcualted. The consumer credit agreement will only show the amount borrowed, the term of the agreement and the level of interest.

 

On the down side there is a fee of £10.00 for this information.

 

You should also get a full statement of account under a CCA request, wouldn't that supply all the info needed?

[BRIGADIER2JCS]

A CCA request provides a statement of the account at the time the request is made, historical accounts are provided with a SAR.