Lowell and cat debt

[buster991]

Hi, I have sent a CCA to Lowells as they are chasing me for a cat debt,

 

I have been paying a small amount each month direct to catalogue,

 

even while paying this they sold the debt to Lowells, or though I have not received a notice of assignment.

 

I have now received a recon credit agreement, it has my name and address on the top, but no signature, date or account number on any of the pages.

 

I have read lots of threads and my conclusion is that it does not matter if they have a recon copy of the agreement, and signature.

 

The amount is for 870, I am just going to send letter reclaiming the charges back of 225 to the cat company.

 

I am not trying to get out of paying this, I would just rather carry on paying the catologue company direct and not to Lowells.

 

Can anyone advise me differently

 

Thanks for any replies B

[BRIGADIER2JCS]

Hi a reconstituted agreement does not need signatures, BUT must have:

 

Your name and address at the inception of the agreement and the creditors name and address.

All the Ts & Cs from inception to closure of the account and any amendments /variations made during the life of the agreement.

If the recon you have complies with the above and the agreement was entered into after April 2007 a judge may with other evidence such as statements showing usage of the account e.g. goods ordered, delivered and paid for that a liability subsists and the debt is enforceable.

 

Did you receive notification from Lowell that it has purchased this account? From what you say you must have had some written communication from Lowell otherwise you would not have made the CCA request.

 

This communication would be the NOA>

 

Have you checked CRA files for entries? If not it would be a good idea to do so.

[buster991]

Hi, Thank you your reply,

 

I have checked again, and it does have the creditors name in very small writing ( I missed it before) and my details, and yes I have had communication from Lowell chasing the debt, and it was taken out after 2007.

 

My credit file says Lowell own this now and the amount is minus the charges, but on the letter they are chasing for full amount.

 

I am now considering sending a full and final letter.

[BRIGADIER2JCS]

The amount claimed MUST be disputed Lowell this is another one of their sly tricks, they cannot claim the full original balance.

 

A formal complaint to:

 

Ms Sarah de Tute

Director of Legal & Colpiance

The Lowell Group.

 

I what you need to do.

[buster991]

Hi again,

 

Sorry having a blonde moment,I have just just checked my credit file again now,

its the default amount that is lower than the balance,

as the cat have since added the charges which is the amount they are claiming now.

 

No further charges have been added since Lowell have had it.

 

What now ?

[buster991]

The amount claimed MUST be disputed Lowell this is another one of their sly tricks, they cannot claim the full original balance.

 

A formal complaint to:

 

Ms Sarah de Tute

Director of Legal & Colpiance

The Lowell Group.

 

I what you need to do.

 

Should I send a formal complaint now, as the amount they are claiming IS showing on my credit file, it includes the charges. confused

[dx100uk]

how have you calc'd the charges reclaim?

 

using CISHEET at their int rate?

 

dx

[buster991]

Hi, Thanks for you reply, Yes I have calculated the amount using 8% interest, as they don't charge interest, is this correct?

 

It doesn't wipe it out completely, about a quarter of the amount owing.

 

I am paying a small amount off each month direct to Catalogue. they are receiving it as its showing on my credit file.

The Catologue would not accept the monthly payment of 5.00 that I can offer, hence why it was sold to Lowell, I have carried on paying the 5.00.

 

Thanks for any help B

[dx100uk]

they do & they don't.

 

you need to check their statements carefully.

[buster991]

Hi, The only interest they have charged is the "buy now pay later" interest, unfortunately I was unable to pay it off before it kicked in, I cant claim this back can I ?

 

Thanks B

[dx100uk]

no sadly not

 

you'll p'haps have to use the Statint sheet then.

 

as the compounded one will be not for 8% stat by CI interest.

 

dx

[buster991]

Hi, I wonder if you could you show me the link of the spreadsheet to use, I cant seem to find it.

 

Many thanks B

[buster991]

ignore last post, found it now, the amount of charges has come out the same !

[dx100uk]

staint sheet here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

 

dx

[buster991]

Ok, I will now send a letter to cat company reclaiming the charges back, and another to Lowells disputing the amount, also stating that I will carry on paying monthly as before, letter will go tomorrow.

 

Everyone agree !

[dx100uk]

there is a charges cover letter in the green library tab up to

 

dx

[buster991]

Hi, Thanks for your reply,

 

I have addressed the letter to Cat company, sending template letter regarding claiming the charges back.

 

I have also started a letter disputing the amount Lowell are asking for, is this the correct way to go ? Shall I offer a full and Final amount at this stage or monthly payments,

If I wait to hear back from the cat company I am worried that they may start court proceedings.

 

Thanks B

[buster991]

I am very cross now,

 

I have been reading a thread, SHOP DIRECT DEPT and its exactly the same as mine, but the outcome is different,

 

sent letter 1 and 2 (as in post) asking Cat Company to except lower payment of 10.00 per month or I would reduce my payments to £1,

and both letters had a reply of a flat NO. Within days I had a letter from Lowell, Cat company had sold it on. so for me they did not accept lower payments.

 

Have I got cause to complain to someone ?

 

I lowered my payment to 5.00 per month and have been paying this ever since, and now having to deal with Lowell.

 

Anyway I must move forward on this, letters to send

[dx100uk]

if they've sold it

its for a very good reason.

 

prob the charges

 

but that cant be the only reason.

 

theres nothing sadly to stop them selling the debt on

even if you are in a dispute as such

 

lets see what develops

 

dx

[buster991]

if they've sold it

its for a very good reason.

 

prob the charges

 

but that cant be the only reason.

 

theres nothing sadly to stop them selling the debt on

even if you are in a dispute as such

 

lets see what develops

 

dx

 

Hi again, I would love to know what the very good reason is !!, I have never stopped paying them, just reduced the amount, they obviously didn't like it !

[buster991]

Hi dx, your following all my threads.

 

Having checked the D/N on this account as well I have found that the dates on it don't add up either.

 

Basically it was sent on the Sat 27th March and to pay the arrears by 9 April, therefore not the 14 days to pay.

 

Uploaded for you

 

[ATTACH=CONFIG]46730[/ATTACH]

[dx100uk]

certainly invalid

 

and also invalid because the DN sum contains penalty charges too.

 

did you get that staint sheet done?

 

dx

[buster991]

Hi,

 

Yes I did approx 230 of charges including 8%,

 

I have also received another letter today stating that if they dont receive payment or part payment within 5 days they will instruct solicitors,

although I sent a letter disputing the amount and said that I will continue to make 5.00 payment per month,

this was sent recorded del and signed for on 28/9.

 

The letter received today is dated 30/9, rec today 3/10, ( 1 DAY TO REPLY !!)

 

So now with the D/N being invalid what now ?

 

I am trying not to get confused with each of my invalid D/N especially when they are running together and both with Lowell.

 

Thanks again

 

B

[dx100uk]

they cant harm your rating anymore

 

just keep paying what you said

and get the reclaim in.

 

dx

[buster991]

Hi,

 

The claim has already been sent to Cat company on the same day, the 26th Sept.

 

I am paying the Cat company, should I be paying direct to Lowell's now, that it has been sold to them, I know they are receiving it as its coming off the balance as showing on my credit file.

 

Regards

 

B