Lowells response to numerous cat debt CCA requests

[LCB]

I recently wrote to Lowells sending a CCA request following notification that they had purchased several catalogue debts from 'Shop Direct'

which I had to stop paying a few months ago.

 

 

The debts to each catalogue are of varying amounts from about £1500 to about £3,000 from memory.

 

They have responded today saying that they have requested a copy of the original agreement

but had sent me a letter of assignment which they claim fulfils their legal obligations.

 

I would like to ask whether they are legally obliged to send me the original credit agreement

and what further action they can take

 

 

.I own my own home.

[unclebulgaria67]

Depends on the date the CCA was originally issued. They need to respond to your CCA request, with either a copy or reconstituted version. But in regard to enforcement in a court, if the CCA was issued before April 2007, they need the original or copy of it, if you defended the claim. For CCA's issued from April 2007 onwards they don't need the original or copy of it to enforce, only evidence that you owe the debt.

 

While the CCA request is still outstanding they should not try to enforce by issuing a court claim, but it is not unknown. Make sure you send a CCA request per debt.

 

Be aware that Lowells do use Bankruptcy and if you owe more than the threshold, which is £750 now, but increases to £5k in October, that they may consider this. But under CCA rules, Lowells should exhaust all other methods e.g CCJ, before they should use Bankruptcy.

[LCB]

Many thanks for your prompt reply.I will look at my paperwork to determine the exact amounts I owe each catalogue.That is interesting to know that the threshold increases to 5k from October.Does this mean that if the combined amounts of each catalogue do not exceed 5k then they cannot bankrupt me or is it calculated on a per catalogue basis ie each one treated as a seperate debt?

If they cannot bankrupt me then could they put a charge on my property and perhaps force me to sell to pay the debt?

Many thanks.

[AndyOrch]

" They have responded today saying that they have requested a copy of the original agreement but had sent me a letter of assignment which they claim fulfills their legal obligations."

 

You didn't request a Notice of Assignment.....therefore they remain in default (12+2) days to respond and have not fulfilled their Legal obligations.As UB states make sure you send one per agreement...retain proof of postage and file safely.

 

Andy

[LCB]

Thanks Andy.Yes I have done this and sent one request for each catalogue and have retained my proof of postage.I believe it may now have gone over the 12 plus two days time now,however I am not sure how they can now legally proceed?The debt was taken out less than two years ago I think and so is post 2007.

[unclebulgaria67]

Think it is either one debt or combined value of £5k. Lowells do collect debts belonging to one debtor and attempt to enforce.

 

From what i have seen recently, Lowells will look to get a CCJ first and yes if you did not pay they could use Bankruptcy. My understanding is that armed with an unpaid CCJ or CCJ's totalling at least £5k, that they could go straight for Bankruptcy. They would not bother for a charging order, when they could force the sale of the house as part of Bankruptcy.

 

There are a few example cases on here, where debts of a few thousand, have ended up with £30k being owed, as the Bankruptcy costs added can be huge. So you would be mad to let it get that far. If they supply the CCA's, you should come back for more advice.

[LCB]

Yes I certainly don't intend to let it get that far.If they can legally enforce the debt then I am intending to offer reduced monthly repayments but I would do this before it gets to the ccj stage as I dont want any more stress.