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thedryad

Lowell and JDW cat DEBT unable to provide valid CCA

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Hi, 

for several years I was paying an old catalogue debt from 2012 through Lowell (I know, I shouldn’t have but I was ill). I was paying £5 a month.

 

Earlier this year I stopped paying because I couldn’t afford it and couldn’t even remember what the debt was.

 

Lowell pursued me for it and I sent a CCA request which they took over 8 weeks to fulfil.

What they did send me was a brief statement printout from the catalogue, listing items I don’t ever remember purchasing, and a digital agreement with NO SIGNATURE, not even printed or typed (they claim this is a valid CCA).
 

I challenged this in writing and said it is not a valid CCA and they are arguing that because the agreement was apparently taken out online, then there wouldn’t be a signature, and also that because I have been making payments in the past then that constitutes acknowledgement of the debt and that I am liable.

 

Next steps please?

Please don’t advise me to ignore it because in the past when I’ve DOB that Lowell have got a CCJ against me.

 

I know that this debt is unenforceable and as I said I don’t even remember what it was but could someone advise what to write to them or is there a template? 
thanks.

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Like I said though, Dx, I don’t want to ignore them.

 

I want to send a letter to them so that if they decide to take me to court as they have in the past, I have as much evidence that I have done everything I can to prove that the debt is not enforceable. 


It’s easy enough for you to say it’s pointless but I am remaining honourable by stating my rights in writing and reminding them of their lawful (and legal) obligations.

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not for you to state your rights nor for the dca to unilaterally decide a CCA is enforceable.

that's a judges job if a dispute exists

 

writing to tell a dca a cca return is unenforceable wont help you at all in court and neither does the notion that by not writing you are being somehow unhonourable or not trying to resolve an issue.

 

so a JDW cat debt

who said the cca was un-en ..have we seen it here ...I can't see another thread

 

dx

 

 


..

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The CCA has no signature.

its unenforceable! 

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Who says it needs one for the year the agreement was taken out?


..

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All I can say without uploading is that there was NO SIGNATURE in the signature box 

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You can only get a CCJ after

   - the company has sent you a Letter Before Action, and

   - has gone on to start court proceedings against you, and

   - has won the case.

 

Even then your credit wouldn't be affected if you paid by the time stipulated by the by the court.

 

It's not the most important thing at the moment, but what went wrong in the past that caused you to end up with a CCJ?

 

Also remember to inform anyone who reckons you owe them money if you move, backdoor CCJs happen when people move and don't know they're being taken to court.

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I got the CCJ because I was ill with depression and hadn’t the strength to fight it.

I ignored all the letters and ended up getting a letter from the court which I also ignored and ended up with a judgement.

 

In the letter from Lowell, they state that the evidence they provided is a "reconstituted copy" along with a list of transactions, which they regard as proof.

As I said, no signature or date by myself.

 

My former name and address are printed above but not in the signature box.

Therefore I can't see how it can be legal?

 

lowell cca return.pdf

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thread tidied.

pdf in previous post now.

 

ok that's the usual stuff they send out for a JDW account then.

if you look it says sign and return!

 

well you didn't and its probably not applicable for the year you took the accoun out in which was?


..

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As I said, I don’t remember having an account with JD W. The payments I made to Lowell in respect of this alleged account were only because I was scared into doing so and now I’m

better informed.

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