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johealey

Lowell claimform - old disputed Studio Cards debt ***Claim Discontinued***

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I place various orders with 24 Studio and the other day I was cross-checking my statements as I had returned some items and was working out my true balance when I came across an item that I had not ordered nor had I ever received.

 

I queried this with them via their online system three times and neither time did I receive a reply. It wasn't until I sent them a snot-o-gram that they got back to me.

 

Basically because the order was over 28 days ago they will not refund me, apparently any missing goods have to be notified within 10 days.

 

Given that I had never ordered this item nor was I expected to take delivery of this item I wouldn't be making a claim for non receipt for something that I hadn't ordered.

 

As I say, it wasn't until I cross-checked my statements that I realised this charge.

 

It's only for £16.99 but that's besides the point.

 

They have charged me for something which I have not ordered and are now refusing to refund my money because I am outside of the 10 day deadline.

 

Is there anything I can do about this as in my eyes this is theft of my money and I have no other choice but to pay it because they will damage my credit rating if I do not.

 

Thanks for your help in advance.

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Hi

I haven't yet, it's been charged to my account as I have a running account with them.

 

Thanks Jo

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The parcel this item came in was pushed through my door, the packaging was open and the only item in there was a passport holder which I did order. I assume that this item (which I didn't order) would come separately which it never did and I only realised I had been charged for something which I didn't order when I was checking my recent statements to work out my true balance.

 

Do you think I can do anything? I know it's not much money, but they are refusing to credit my account for something that I never ordered or received because I am outside of their 10 day window and have referred me to their Terms and Conditions!

 

Thanks Jo

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Find out who the CEO, maybe write a letter of complaint, see what they say.

 

Here's some info:-

 

http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf/

 

The parcel this item came in was pushed through my door, the packaging was open and the only item in there was a passport holder which I did order. I assume that this item (which I didn't order) would come separately which it never did and I only realised I had been charged for something which I didn't order when I was checking my recent statements to work out my true balance.

 

Do you think I can do anything? I know it's not much money, but they are refusing to credit my account for something that I never ordered or received because I am outside of their 10 day window and have referred me to their Terms and Conditions!

 

Thanks Jo

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Hi

 

I am just looking for some advice, or a template letter for this please.

 

I CCA'd Lowells and they eventually supplied me with a copy of my CCA at the end of 2017.

The balance owed is £453.84 and they have put a Default on my credit file which expires in 2020.

 

I have worked out that the balance consists some £302.52 in interest & charges with a true balance owing of £151.32.

 

I have written to Lowells and offered a F&F settlement of the £151.32 and the removal of any detrimental info on my credit files - I know it was worth a shot!

 

They have refused my offer and will only accept a 40% discount of the balance owed and a "partial settlement" once paid against the Default on my credit file.

 

This is not something I want as I believe this can raise a red flag in the future as it shows that I only part pay my debts.

 

Please can someone advise how best to proceed, or better still the next step in the wonderful world of the letter templates that are on this website :-)

 

Many thanks

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Oh dear, Well done on resetting the SB clock!

 

WHy?? are you contacting a powerless DCA?

 

To get the fees/charges refunded, you have to go to the OC, so the catalogue, but I fear now Lowlifes have got another six years in which to harass you for this pittance, they will do.

 

Never EVER talk to a powerless DCA.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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lowells didn't default the debt

the OC did upon sale

matters not if you pay this or not

the default still vanishes along with the account on the defaults 6th birthday

 

who said the CCA was enforceable?


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks both, the letter that I sent with the figures on had a line in there to say that I was not admitting to the debt, so hopefully the SB clock is still ticking :-)

 

They had been chasing me to pay the debt,

hence why I started the CCA request ball rolling.

Please do not worry, I never answer the phone to these people!

 

Again, Lowell have put the default on my credit file with a date of Jan 2014.

Nothing previous my any of my credit files from Express Gifts & Cards.

 

The file that Lowell sent me was a statement showing my transactions, plus my CCA.

 

Is there anything that I can do?

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I have written to Lowells and offered a F&F settlement of the £151.32 and the removal of any detrimental info on my credit files -

 

You've admitted the debt and reset the clock.

 

Show us the CCA they sent you.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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lowells cannot default your file

only the oc can

which they did upon sale.

 

lets see this supposed CCA return please

scan it up to one multipage PDF

read upload


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Lowell have obviously bought the debt and renamed the Default into their name - can they do this? I would be interested to know as I have 5 Defaults in their name on my credit file!

 

I will load it up when I get home this evening for review, thank you again

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a debt purchasers name replaces that of the OC upon sale


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Attached is a copy of my CCA which I have just realised isn't signed by me!

 

Let me know your thoughts please, grateful for the next stage of letter to send.

 

Thank you

CCA.pdf

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did you sign another copy or agree online? Signed electronically will do them

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When I opened the account I did it online, I never signed and returned a paper copy - I assumed they "should" have supplied this when I CCA'd them?

 

Is there anything that can be done or do I need to just suck this one up?

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ALL the return please


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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ALL the return please

 

 

 

Sorry, I don't quite understand what you mean?

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all the CCA return not just that one sheet please

re post 9 that I've just hidden anyway as we can see you name through the pen you've used

what does it say in the upload guide about not using a pen....

 

if that's all they've sent then its bogroll and means nowt without the relevant T&C's


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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When I opened the account I did it online, I never signed and returned a paper copy - I assumed they "should" have supplied this when I CCA'd them?

 

Online post 2007, the tick box replaced the signature.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Name of the Claimant ? Lowell Financial

 

Date of issue –  26th September 2019

 

Particulars of Claim

 

What is the claim for –

 

1.  The defendant opened a studio regulated consumer credit account on 30/11/2011.

 

2.  In breach of the agreement the defendant failed to maintain the required payments and the agreement was terminated

 

3..  The agreement was later assigned to the claimant on 25/9/2015 and written notice given to the defendant.

 

4.  Despite repeated requests for payment, the sum of £716.38 remains due and outstanding. 

 

5.Interested pursuant to S69 at the rate of 8% per annum from the date of assignment to the date of issue, accruing daily at a rate of £0.157, but limited to one year being £57.31 + costs.

 

What is the total value of the claim? £903.69

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, but they have been writing to my new address

 

Did you inform the claimant of your change of address? No, but they found it out anyway!


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Studio Cards

 

When did you enter into the original agreement before or after April 2007 ? After

 

Do you recall how you entered into the agreement...On line /In branch/By post ? Online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was assigned and it is Lowell Financial who have issued the claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?  I received a letter from Lowell stating they were now chasing the debt

 

Did you receive a Default Notice from the original creditor? Not sure, cannot remember and do not have a copy of this.

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I have recevied an annual statement that is it.

 

Why did you cease payments? Was made redundant and ended up with 8 Defaults all of which fall off in the next 12-18 months.

 

What was the date of your last payment? 13th November 2013

 

Was there a dispute with the original creditor that remains unresolved? Not as far as I can remember

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

 

……………….

 

Hi

I have today received a Claim Form for the above today in the post, having heard nothing from Lowell for the best part of 18 months!  Thankfully I had kept all the paperwork!

 

Back in 2017 I had sent them the usual CCA request and they didn't reply and sent me a holding letter saying they had asked Studio Cards for a copy of this.  They finally provided the documents and it seems that this a document that has my old name and address on, dated, but no signature.  Now first off, the account in question in something I defaulted on and the Default drops off my credit file in February 2020, so this would explain the reason behind the Claim Form - trying to add another 6 years of hell to my credit file right at the very end of the 6 years!

 

I have added a copy of the document that was sent to me.  After which I wrote back and disputed the claim, I was then sent a statement of transactions, looking at this the last payment they received from me was on the 13th November 2013, hence the Claim Form as I am just about to hit the statute barred status! Shame that payment was made as the one previous to that would have put me Statute Barred!

 

The balance that was transferred was £716.38 which is what they have been trying to claim from me for the past few years.  In February 2018 they offered me a 40% reduction of £429.83, but since then all I have received is their automated letters saying my account remains outstanding - I chased in August 2018 and heard nothing.

 

They have added one year's worth of interest - £57.31 + court fees and the debt they are now chasing is £903.69.  Obviously I am going to defend the claim but I just wondered what the next steps would be please?

 

If i defend and then have to submit my plea, this could potentially take it over the 13th November 2019 and therefore the debt would be statute barred - is that something that is possible?

 

Any help would be greatly appreciated.

 

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Date of issue???


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Apologies, the one question I missed!

 

26th September 2019

 

just seen that this new post has been linked to some questions about the same thing from years ago! 

I have checked and the scan copy of the CCA is the only page they have sent me, just thought that might help.

 

I have now acknowledged the claim form online and intend to defend the claim. Please can you advise next steps, thanks 

 

 

 

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 leave the £1PO blank and uncrossed
.
.
 get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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