Lowell and JDW cat DEBT unable to provide valid CCA

[thedryad]

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.

[thedryad]

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.

[dx100uk]

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

 

 

[thedryad]

The CCA has no signature.

its unenforceable! 

[dx100uk]

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

[thedryad]

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

[FTMDave]

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.

[thedryad]

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

[dx100uk]

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?

[thedryad]

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.

[dx100uk]

Wont hurt to send a free sar to jdw

[thedryad]

Had a letter from Lowell last week informing me that they are now the owners of the debt (both JDW and Eon). 
It’s shocking that they are still pursuing this without the valid paperwork and in this current time of crisis.

[dx100uk]

well the EON debt won't go anywhere as its subject to a serious dispute...

as for the JDW one, if not already, time for a CCA request to Lowell.

 

dx

 

 

[thedryad]

See above. CCA request sent last Summer and they couldn’t provide a signed, true copy.

They insist that it’s valid as the alleged debt was taken out online.

But as said above, it says sign and return which it clearly wasn’t. 
as also stated above, I do t even recall opening the catalogue account. 

along with the sorry excuse for a CCA, thry also sent a “statement” listing a bunch of things that I supposedly bought

. None of which were even my size. 

[dx100uk]

So you've already sent lowell a cca request for this jdw debt?

why are they writing theyve just been sold it?

please stop hitting quote!

 

Dx

[thedryad]

I’ve resent the email that I sent them on 30th December with a note saying that no reply was received but they did send an auto acknowledgement.

 

Dear Mr.  

 

Complaint Reference: 4

 

I write regarding your letter dated 18th December 2019. 

 

I thank you for closing the Capital One account, which was unenforceable due to the lack of a valid CCA.

I have noticed that the default still remains on my credit file.

Can you please advise when it will be removed?

 

Regarding the Eon Energy account. I have contacted Eon Energy regarding the estimated final bill. I am awaiting their response, but the account remains in dispute. The energy provider that I switched over to have now ceased to trade and I am finding it difficult to obtain the opening reading that was given to them when I left Eon Energy.

Therefore, this matter may take some time to resolve and I request that you put the account on hold until a satisfactory conclusion is reached. It is my view that I am owed money by Eon and not the other way around. 

 

With regards to the JD Williams account, I still do not acknowledge any debt to the company as I have no recollection of any dealings with them, and the documents you have provided are not acceptable proof of any alleged agreement or debt. The document provided does not have a signature or a date, was clearly not signed and returned, and is not a TRUE copy, incomplete, and the back of the page is blank. Therefore, I am advised that it does not constitute a valid CCA. 

 

I made payments to Lowell in respect of the alleged JD Williams account because I was ill advised and frightened into paying when I received letters from you, and, as you will know, as you have on your records, I was suffering from depression and had been on medication. But, now I am better informed, I am advised by the Money Advice Service that this does not constitute acknowledgement of any debt to JD Williams. Once again, I dispute this alleged debt. 

 

As is customary, please conduct any correspondance in writing by post. 

 

Kind regards, 

 

I sent it to them which they forwarded to JD and JD sent them the sorry excuse of a CCA.

i also sent them a SAR which proved nothing. 

[dx100uk]

not sure we ever advised emailing a dca inviting silly letter tennis.

so they have had both debts for a long time

can't see why they now write again

scan the letter upto pdf

[thedryad]

Still receiving letters from Lowell who now claim that they are OWNERS of the debt and also another debt to an electricity company that went into liquidation a few years ago. 

[London1971]

Ignore, unless it's a letter before action

[thedryad]

I am doing

[dx100uk]