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Lowell/Lowell Solicitors claimform - old Shop Direct Cat Debt

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some time has lapsed

 

just a recap that i sent our letters from my parents address,

however this didnt stop them from continuing to send letter to their address for me, even though i didnt live there. and also sent them letters from my current address to inform them that i didnt live there.

 

my mum moved from the address in January

but from around December i noticed i was getting unusal mail....from Lowell

 

i came home on sunday after recovering from an operation,

opened up my letters today to find a letter from Lowell Solicitors.

 

Letter of Claim dated 17.02.16

 

We have not heard from you regarding the shop direct account and are instructed by our client, Lowell Portfolio 1 LTd to commence legal action and issue a claim against you in the County court bulk centre, in respect of this debt.

 

 

you must contact us to make arrangements to pay within the next 14 days or a claim will be issued without further notice to you.

 

 

if a claim is issued you will become liable for further court feed, solicitors cost and interest which are estimated below:

 

current balance: 1457.89

estimated interest £116.63

estimated court fees £105.00

estimated solicitors cost £80

estimated total £1759.52

 

the letter does go on to say failure to respond will result in ccj entered against my name and they could take further action with warrant of control, attachment of earnings, and charging order

 

there are a few things that bother,

why didn't anybody in their office notice that i was contacting them from my current address,

whilst they were still bombarding my parent?

 

 

i even offered £250 as full and final payment for the debt.

i find it odd that they have only been sending me mail since the start fo this year (i think) why have they reved things up

 

their client has already said on a previous ppi claim that they didn't have the relevant contract so therefore see the claim as closed.

 

if my mind serves me correctly im sure the debt if about 7 years old now.

 

My current situation has changed as i was made redundant in November from my career, and currently on income support of £143 every 2 weeks...Yeah!!!

 

logged on to Noodle and i see that Shop direct have made a log against my credit for an account which they deemed in their words

- unable to locate a copy of the original signed credit agreement,

we will not be pursuing the the above account for the outstanding balance.

 

then there's another log with Lowell

Account start date 03/12/2008

 

Opening balance £ 1,058

 

Date of default 18/01/2012

but i believe its older as this is probably when the debt was sold to them

 

where do i go from here?

i cant bare to go to court, i also cant have this ccj against me either.

do i pay them?

 

 

so far i have done the following:

 

  • Posted to Lowell solicitors - County Courts Pre Action Conduct - Request for Further Information
  • posted: CCA to Lowell financial
  • Posted CCA & Sar to Shop direct financial

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If you have sent off the CCA and requests for info there is not much else you can do for now.

 

When did you fail to pay a Shop Direct statement ? Was it more than 6 years ago ?

 

You should advise Lowells Solicitors of the outstanding CCA request and the wrong default date that Lowells have.


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the acount was opend in 2008, i though the last payment was made in 2010 but i honestly cant remember

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the acount was opend in 2008, i though the last payment was made in 2010 but i honestly cant remember

 

Shop Direct should have this information.

 

The outstanding CCA, if their Solicitors are made aware, should make them put this on hold.

 

Don't worry too much. Lowells Solicitors issue loads of claims, but if they are defended, they don't always continue with them. But if a court claim turns up you have to deal with it, to avoid a default CCJ.


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OK so i can call shop direct and speak with their finance department to get this info over the phone.

 

what a mess!! ok i understand.

 

ill update asap

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Ac opened 03.12.2008

Last payment made: 05.08.2011

 

. since sending the*County Courts Pre Action Conduct last week to Lowell solicitors, and CCa to Lowell financial, my post has been very quiet. do i need to worry?

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Nothing to worry about for now while they are locating CCA, without it they cant go much further than huffing and puffing.

 

If SD have said they cant find it then lowells wont have much luck either


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ok well noted!

 

Received a letter in the post from SD and the letter contained.

 

my original sars request returned with a compliment slip attached, stating "We are unable to process your request as we cannot trace any accounts in your name"

£10 postal order for sars

£1 postal order for cca request

 

this is strange for me as i called shop direct last week with the account number and my details were on the system with my name. furhtermore the sars request stated "If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. "

 

To date still nothing from Lowell solicitors or financial

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They have your account, make no mistake about that, its a ploy so they dont have to comply with the SAR and CCA

 

If you have the account number now after speaking with them, or if you dont, ring them and ask them but dont say why you want it, write a short letter with your account number on it as a reference and post the cca and sar back to them with the postal orders.

Barclays tried this with me until i pointed out that even i could access the account simply by calling them and going through the IVR

 

If its been 12+2 days since sending the CCA to lowells then action should be put on hold or discontinued by them until they have the agreement.


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i had the account number when sending them the sars and cca, along with my name.

 

so you say i should send it all again? i have moved address so should i state the previous address they know me from, or am i playing thier game?

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Ahhh ok, include that you have changed address giving the old address when account opened and new address now, then send it all back.

 

Yes, they are playing games a bit


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CCA should be going to LOWELLS

leave everything blank DONT sign anything

 

 

sar goes to SD

include old addresses

sign it

and include a CTAX bill proving who / where you are now.

 

 

all of this is already explained in the two clickme links..read all the posts first!

 

 

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already sent cca to Lowells with no response from them.

quick question, when working out the days, is it working days or to include weekends?

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Business days hotdog


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Received 2 letters in today post:!:

 

Letter 1

has no date on it, but post marked 11.03.16.

 

we are requesting a copy of the agreement from shop direct with whom you originally entered into the agreement together with the statement.

whilst we endevour to provide evidence of the debt as soon as possible, you will appreciate this is dependent upon receipt of the original information from the original creditor.

 

yours sincerely

Lowell solicitors

 

 

Letter 2

 

Dated 11th March 2016

Thank you for your recent correspondence

 

We note the contents and write to confirm that we have requested the required documents from ourclient and will forward these to you upon receipt.

 

Please find enclosed a copy of notice of assignment to Lowell portfolio 1 and the notice of acting send from us 10th feb 2016.

 

Yours sincerely

Lowell solicitors

 

Notice of assignment date: 31 Jan 2012: just want to point out that i was not living at the address they sent the notice of assignment to back in 2012. so i never received this

 

Can i send this letter to Lowell as CCA request is overdue

 

Dear Sir or Madam,

 

I refer to your letter of DATE, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of theConsumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection From Unfair Trading Regulations 2008 and the Financial Conduct Authority's consumer crediticon sourcebook. Should you or your client bring proceedings, they will be robustly defended and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the attention of the Court when the issue of costs is being considered.

 

Yours faithfully

 

SIGN OR print your nameicon DIGITALLY

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No. DO NOT send anything to lowells now. They know the rules. The ball is in their court.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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ok!! will hold fire

i was soo nervous to open those 2 letters

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Dontbe nervous. They cant do anything until they locate the CCA. Infact, they shouldnt even be threatening legal action unless they have the CCA.

 

The sad thing is, they dont even bother to ask the OC for any paperwork unless you request it first. Thats how low these companies go.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You know the thought of receiving one of these dreaded letters lol.

 

my thoughts exactly, if they are going to threat court action, they should have all the legal paperwork.....ect..real shoddy

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WEll, you called their bluff, and theyve admitted they havent got it. Chances are youll get some random copy of them thats non compliant, or you wont hear anything and theyll just sell the debt on. Theyre one of the biggest fleecers out there.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Its been a while but ive recent received a letter from Lowell solicitors...sigh!!!!!

 

The letter included a statement of the account and a copy of a reconstituted agreement.

 

Letter also states if no response within 21 days they may apply for a ccj.

 

I really don't want a ccj, and I'm not sure how to proceed.

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Morning!

 

Received a letter yesterday which i have just opened, and got to day that i an't even eat my breakfast.

 

I've been served court proceedings by Lowell solicitors:sad: i' dont even know what to do hear as this is unchartered land for me.

 

Even though i sent them a Pre conduct action letter back in Feb 2016, which they totally ignored, they have still filed for court action.

 

Thing is over the years, i have offered full and final offer to them which they ignored, i have requested the cca which i received reconstituted agreement. Ive moved a few times during all the correspondence with them, and cant find some of the recorded delivery postal forms.

 

I was made redundant November 2015 and im still unemployed looking after my 3 kids on my own. only income is child benefit, tax credits and i get housing and council tax benefit

 

so the court claim for is dated 09.12.16, which i only received 19.12.16. Letter from Lowell solicitors dated 14.12.16, which i also received 19.12.16 - this letter is to inform me that they have issued legal proceedings in the form of a county court claim. principle debt £1457.89 other charges £116.63 interest, £105.00 court fees, £80 Solicitor fees.

 

I feel so sick with worry, this is now way over my head :!:

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not to worry they do this even without paperwork ,,, sure @AndyOrch will be here to help you


:mad2::-x:jaw::sad:

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Im super worried hun,

Every request i have made has been ignored and yeah even without court papers they still make court proceedings...how is that even possible or legal huh!!!!

 

I don't understand the whole court proceedings thing,

 

 

i cant cope with ccj in this day and age,

not sure if i can represent myself fully.

to put it lightly I'm worried myself.

 

 

i will put in today's post another pre action conduct letter,

 

 

which they previous did not respond to. dont even think this will do any good.

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