NewDay Ltd / Debenhams Store Card Assigned to Lowells

[filrobbo]

Than I would send a sar requesting your statements or payments made towards the PPI, sometimes I have just sent a letter asking for redress of PPI, but you have to trust what they tell you, not always a good idea, if you have poof of payments then you know were you stand.

[theoldrouge]

always a sar before attempting any reclaim

 

gather all the info first

[ccholland]

Do you think NewDay would be able to come up with all statements since inception as they haven't been able to comply with my CCA I wouldn't be confident that they could access anything else?

[theoldrouge]

sar and see

[ccholland]

what about GE as they originally provided the card?

[theoldrouge]

yes sar to oc only

[ccholland]

ok great - thank you - if I send to their registered address on FCA register I should be ok - thanks again.

[scarborosmoggy]

Any updates mate

[ccholland]

Hi - none since the last post - they haven't complied legally with my request although they reckon they have. I was going to write to them and tell them so again but then I thought why should I keep writing to them - I have it in writing from them that they are relying on an application form and current terms and conditions for a Credit Card and NOT a store card so if any DCA comes to me I shall tell them the account is in dispute until such time as NewDay can send the correct documentation. If it gets to court stage same will apply. I haven't got the time or money to keep chasing them. The terms and conditions should be the ones which were in force at the inception of the account and I would have thought a company like NewDay should know that!

Have you done anything yet?

[scarborosmoggy]

just going to start the process now mate. they seem a right pain

[ccholland]

hi - they are a pain unfortunately as the ones I have dealt with really don't have a clue! I am thinking about sending a SAR to the original provider which was GE Money but again this would probably be a right hassle!

 

 

Good luck with yours though.

[Kelly Hughes]

I have been having problems with them. They are trying to collect a debt from me which doesnt exist they have now passed the debt to a debt collection agency called lowell group who are extremely rude they even laughed at me on the phone when i told them debt was paid off 2 years ago!!!!

I have been informed by others that direct debits were cancelled by Newday ltd and they forcing the blame on to customers which is a fraudulent act.

I have written to the FCA and ombudsman service and am awaiting a reply. Both newday and lowell refuse to investigate my claims that the debt was paid off and insist on trying to collect £70 for a debt that was only £5 to begin with. never received any warnings or notices about the final payment not being received, was never told it was being passed to a debt collection agency either. They are a huge headache!!! anyone else having problems?

[ccholland]

Hi,

 

I have today received a letter from NewDay and one from Lowell's in the same envelope advising that NewDay have sold my debt to Lowell's.

 

As NewDay could not produce a copy of the Cca when I asked for it should I contact Lowell's and advise them of that or should I ignore them?

 

Thanks in advance for any help.

[ccholland]

Morning,

 

I've had a look around other threads and have decided I should send an 'account in dispute' letter to Lowell's and tell them that NewDay should not have sold the debt to them.

 

If anyone thinks differently could you let me know please.

 

Many thanks.

[filrobbo]

You need to start your Owen thread Kelly.

[filrobbo]

Did you send off your SAR to O/C.

[ccholland]

Hi,

 

Not yet but I will this week now. Going to email Lowell's tomorrow and send a hard copy letter as well.

 

I think NewDay have off loaded this one rather fast or is it me?

[filrobbo]

you need to send a prove it letter to lowlife, see what they come back with.

[ccholland]

Not an 'account in dispute' version?

 

I'm rather annoyed as well as Lowell's have sent me letters every few months over the last year re a debt which is SB and due to drop off my credit file in June this year and I have ignored them as always reduction letters so obviously probs - didn't want to enter into any dialogue with them but now I will have to.....

[ccholland]

Morning,

 

 

Would someone mind letting me know what they think on the following and whether any of it is out of date? Thanks in advance.

 

 

''Dear Sirs,

 

Account No: XXXXXXXX

 

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with **Original Creditor ** and has been since they failed to comply lawfully with my consumer credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

 

Being that the Original Creditor is in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

 

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

I have familiarised myself with the Financial Conduct Authority (FCA) consumer credit sourcebook which states the following rules:

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

 

Yours faithfully''

[ccholland]

Anyone?

[ccholland]

Just to let you know that I sent a tweaked version email to Sara De TUte, RIchenda KUllar, Andrew Bartle and JAmes Corcoran this afternoon and have received email confirmation from Lowell's and NEwDay that they are going to look into my complaint re CCA and that the account should not have been sent to Lowell's.

 

Will keep posted in case anyone may be interested in the outcome.

[filrobbo]

Looks ok to me.

[theoldrouge]

account sale whilst in dispute happens all the time

 

but until Lowells can provide a compliant cca request

 

s78(6) prevents enforcement (not 127(3) as in your letter, only a court can make an order under 127(3))

[ccholland]

Hi - thank you and thanks for confirming the section as I was trying to make a point that they couldn't enforce unless a court ordered - didn't quite word it right I guess.

 

I have a reply from both Lowell's and NewDay advising they are going to look into the points I raised - will be interesting to see what they do as I am sure NewDay have offloaded this one so fast as they know it's going to be difficult for them to enforce.

 

Have sent a SAR off today to the OC as well.