Lowell - Shop Direct

[eoghan]

Hi All,

 

I had a Littlewoods account and a Very account that have both defaulted. They were by the looks of it owned by Shop Direct who have now "sold" the debts to Lowell.

 

I had written the CCA as per guidance and they have responded with the following, not sure what they mean by some of the remarks e.g. harassed... no idea where they got that from... anyway :

Quote

Thank you for contacting us on the 20 February 2019. Firstly Lowell has a right to contact you to request repayment of the outstanding balance and an obligation to inform you about the potential next steps that may be taken on an account. However, where there is a specific query on an account, we will investigate this and provide a full response.
 

However, We're sorry to hear that you feel harassed by our contact and can assure you that this is certainly not our intention. We do, however, have a right to contact you to request repayment of your outstanding accounts. Although we have removed your telephone number from our records, so we will not be contacting you by phone from now on.

 

Furthermore, You have requested a copies of the Deed of Assignment for your accounts. We have previously sent you a Notice of Assignment together with a letter from Shop Direct, which we are satisfied is sufficient to formally notify you that this debts was sold to Lowell and your liability.

 

Additionally, we have now reviewed your account and we can confirm that we use legitimate interests as our legal basis for processing your information and so cannot restrict processing at this time.

 

We have also noted your recent request under Section 10 of the Data Protection Act 1998. This legislation no longer applies as it was replaced by the GDPR in 2018. As the owner of your account, Lowell has a legitimate interest to process your data and we do not require your consent to do this.

 

For more information about special categories of information, why we hold your data and how we process it please refer to our Privacy Promise at www.lowell.co.u/our-privacy-promise. 

 

If you are not happy with the way that we have dealt with your request, please contact our Data Protection Officer by: some address details here

 

So what do you think? Any guidance on how I should respond?

 

Thanks again.

[dx100uk]

so you simply sent them a CCA request for each and did not modify it either?

 

dx

 

[eoghan]

I sent a joint request by adding both account numbers to the Ref of the document, otherwise exactly as written.

[dx100uk]

then nulls it

a CCA request and its £1 fee is for ONE ACCOUNT ONLY

so they've treated it as a complaint then.

 

did clearly say one to each debt.

[eoghan]

I did put the postal order for £2 to cover both.

[dx100uk]

ig and nore then.

till /if they send anything then comeback here

[eoghan]

Ok cheers.

[eoghan]

Hi Folks,

 

Sp they have responded with the following:

 

Dear *****

 

Your Documents

Upu previously requested documents under sections 77/78 of the Consumer Credit Act 1974. Shop Direct have provided a copy of the documentation, which we have enclosed. This fulfils our obligations under the CCA 1974.

 

Time to review the information we have provided.

We have placed the account on hold until 18/06/2019 to allow you time to review the information we have provided and get back to us if we have missed anything or if you have any further questions.

 

You can register on www.lowell for further information about the account or contact our team on  blah blah or by email at blah blah.

 

Yours Sincerely

 

Michael Gartside

Head of Customer Service

 

 

lowell CCA return.pdf

[dx100uk]

usual bump they spew out for sd accounts.

so you bought a pram and didn't pay for it?

dx

[eoghan]

Sounds harsh, but yes. There's a whole back story but I won't bore you with that. There was no deliberate purchase with a view to not paying, just to clarify.

 

 

 

 

[dx100uk]

was it faulty or whatever

might be relevant tell us

as if there was a dispute of any kind then that could be useful ammo

 

dx

 

[eoghan]

No it rolled into a river - no child inside - the brake wasn't properly engaged and the insurance company wouldn't pay out. Was the brake faulty - who knows???

[dx100uk]

fine..

did you raise a complaint with SD at the time?

[eoghan]

No I didn't.

[eoghan]

Lowell have written advising they have set the balance to zero on one of the accounts and will not be chasing as they were unable to find the CCA, still waiting to hear about the other one.

 

So a small but great success nonetheless.

 

Thank you guys.

[eoghan]

Ok so had an update from a company called Lucas Credit Services today, letter is as follows:

 

Their letter states:

 

Dear *******

 

Our client Lowell has asked us to deal with 2 accounts that have been outstanding for some time. The total overdue amount due is £2910.67 and our client has instructed us to contact you regarding these debts. Their notice to you regarding this is enclosed. Details of the accounts which make up the total balance outstanding can be found on the back of the letter from Lowell.

 

Please make payment to us to bring this matter to a conclusion. Alternatively, if you are unable to make payment of the full amount outstanding, please contact us to discuss an affordable repayment arrangement to suit your personal circumstances. if there is a reason you're unable to do this, please tell us now.

 

If we do not hear from you to discuss this matter or receive your payment within the next 10 days we are instructed by our clients to refer this matter to their solicitors, Lowell Solicitors Ltd to commence legal action.

 

If you have a valid reason for withholding payment, please contact us with full details in order that we can work with you to resolve any issues. The Court will expect the parties to have attempted to resolve any dispute prior to the issue of proceedings.

 

In order to avoid legal action please contact us without delay on **** or pay £2910.67 by 01 SEPTEMBER 2019.

 

You can pay online ****

 

Sincerely 

Signed as "Lucas Credit Services"

 

Letter from Lowell enclosed with the Lucas letter:

 

Dear ******

 

We note that 2 accounts which you have with Lowell have not been paid. The accounts that are due are listed overleaf.

 

As you have failed to make arrangements to repay your accounts, they have now been sent to Lucas Credit Services, who are one of our approved Debt Collection Agencies.

 

They will contact you regarding payment of the total balance of £2910.67 and all contact should be referred to them with immediate effect.

 

You must call them on ******

 

Address info here for Lucas

 

If you have any questions on this letter, please call Lucas Credit Services.

 

Yours Sincerely

 

CW

UK Chief Operating Officer

 

___________

 

Have they sold the debt to Lucas?????

 

I've started an IRC with Shop Direct and will be posting that today. Should I also email Lucas to inform them that there is an ongoing IRC complaint with SD?

 

Thanks guys.

[dx100uk]

Whats an irc?

Lucus are Lowell

 

[eoghan]

Meant Irresponsible Lending Complaint...

 

Again with the 118118 account should I respond to Lucas notifying of the complaint?

 

 

[dx100uk]

no makes them feel powerful you think you have to respond to them.

 

dx

[eoghan]

[eoghan]

I've received a Notice of Pending Legal Action from Lowell Solicitors.

 

Do I still just sit and wait?

LowellSolicitors2ndLetter_Redacted.pdf

[dx100uk]

you must reply it a letter of claim....more later

but they've yet to send the CCA return yet on this one?

 

dx

 

[eoghan]

They did send a CCA back, it's in post #8

 

This has also been sent to the Shop Direct under the Irresponsible Lending Complaint and the 118118 element has gone to the FOS.

 

Both have returned CCA.

[dx100uk]

because the claimant has failed to supply sufficient enforceable paperwork

 

 

[eoghan]

thanks.

 

Do i send another CCA as instructed in the link or not as they've already sent one?