Lowell Solicitors & j d Williams catalogue

[Boltmaker]

Similar letters arrive weekly from Lowells. Must need their own forest. Same story will send agreement when received from OC. Seems they regard 12 + 2 days as a load of b******s because it does not siur them.

[renegadeimp]

If thats the case, then they need to be reported to the OFT. No reports means that the OFT thinks the company are acting perfectly fine.

[Boltmaker]

Duly noted, next is letter to OFT as you suggest. Good advice, thanks.

[Guest]

ok its just a few days to go until the 12 plus 2 working days are up (6th March) if Lowell cant supply the CCA what happens to the debt ? if they do supply it, i can get added charges taken off? and pay the original amount? can this then be amended/removed from credit file? this debt was sold by jdw to Lowell.

 

am just preparing for the next move on this one, as this is the debt I really want to get sorted once and for all.

 

as for the others they can wait.

[BRIGADIER2JCS]

Hi if they cannot supply then you place the account into Formal Dispute until they do supply the relevant documents.

[Bazooka Boo]

If this has been correctly entered onto your CRF then it will stay on their for 6 years regardless whether you pay it off or not.

 

Yes charges should be reclaimed, if they do turn up with the CCA then you should SAR the original creditor to find out how much of the debt is made up of charges/fees, then you can reclaim them including 'their' interest rate which will either wipe out the so called debt, or knock a substantial chunk out of it.

[Guest]

thankyou.

[Guest]

OK so today is the last day within the 12 + 2 for providing the CCA.

 

Letter received from Lowell today....

 

Dear xxxxxxxxxx

 

We have been in touch with JDW about the copy of your credit agreement.

 

They have let us know they are trying to retrieve the agreement from their archive.

As soon as they have it, we will write to you.

 

What will happen next

In the event we cannot obtain a copy of the agreement we will write to you again and inform of this. Once you have seen your credit agreement, we will ask you to pay your outstanding balance in full.

 

 

Am puzzled at the "trying to retrieve from their archive" bit?

 

I have the formal dispute letter to send by recorded delivery, do I still do this?

[BRIGADIER2JCS]

It can do no harm to send the dispute letter.

[Guest]

yes I will do that anyway, thankyou. am just puzzled at the trying to retrieve it bit, either can or cant? or am I missing something?

[BRIGADIER2JCS]

Possibly archived on microfiche or disc

[Guest]

oh I see.

well will see what happens then.

 

I have found old letters and the original amount is a lot less than whats being asked for,

 

I suspect that's due to charges being added, and its over £100, so if the CCA does appear

then I will SAR to get the true amount before paying anything.

 

In the event of paying I will only be able to pay instalments

and am thinking of standing order as definitely not direct debit.

 

Although they say they will ask for the balance to be paid in full.

[somethingelseplease]

I'm in this same situation and had excellent help regarding 4 Lowell debts

 

Can I just ask,

 

To whom do we send a letter to clear off the charges, Lowell or Shop Direct?

 

Do we send them a copy of all the paper work or the total calculation and they do the rest?

 

Bit stumped on what the next step is once we find all the charge payments, late payment charges etc

[Guest]

Good question somethingelseplease and would have been my next question if they get the CCA.

[Bazooka Boo]

Well as NO DCA can add their spurious charges, you should send a subject access request (SAR) to the original creditor for all the information they hold on you and your account, once you have worked out all the charges they have levied against your account, a simple letter requesting they be returned, including any interest at their rate, should be sent.

 

If they won't refund the charges, then IMO simply pay what you physically owe and stop paying.

[dx100uk]

always the OC on all counts

 

dx

[somethingelseplease]

Ok cheers DX

[Guest]

well the 12 + 2 days for the CCA were up on 6th March and I put the letter on here they sent me on here, which basically said OC trying to retrieve CCA and would send and ask for full payment when they had it. Another letter from Lowell today,

 

Dear xxxxx

 

I am afraid we have not received a copy of your credit agreement from JDW yet. They are still trying to retrieve it from their archives. We have placed the account on hold until we receive further information.

 

When we have received it from them we will post it to you straight away.

 

We wont write to you again, until we have the agreement, but if you have any more questions in the meantime please do phone us on ..................

 

Yours ..........

 

Andrew Bartle

 

 

I didn't send the dispute letter as theyre not pursuing? and if they turn up a CCA will then SAR?.

Is this all I need to do with this now?

[BRIGADIER2JCS]

I would put the account formally in to dispute.

[Guest]

ok thankyou I will do that now.

[Guest]

ok so I wrote to Lowell and put the account in dispute...using the template in CAG library.....received reply saying they await the agreement from jdw....that the account would have been put into default by jdw before they sold it to Lowell, and then the name would have been changed to Lowell being owed on the cra file....and that all info stays on there for 6yrs...when they get the agreement I will hear from them for full payment.

[Guest]

oh and they said that jdw had no reason to believe any dispute was in place.

[renegadeimp]

They probably havent even contacted them.

[Guest]

really?...they said that the cra file will be marked up default to Lowell..as they bought the debt, and jdw have no reason to believe there is any reason it shouldn't be paid...and that it will stay on cra file for 6yrs from default, which will be 2015, they say it will not be passed on and they will not pursue but will write regularly to me to update me...and when jdw find the agreement I will have to pay in full etc etc oh and no interest etc will be added...so then jdw must have added charges as its £100 more than the original amount, which is why I queried it. at no point did jdw write to say it had been sold to Lowell which is why I didn't recognise it also. Am wondering how much Lowell bought it for, theyre asking for £293 and the original amount was £190.

[zydeco]

oh and they said that jdw had no reason to believe any dispute was in place.

Lovely, they can't supply the cca but don't believe there is any dispute.

 

As Rene says, probably been no contact.

 

You ask for cca, they can't supply within the time scale, 12 + 2, = account in dispute therefore no pay.