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Lowell claimform - old Shop Direct CAT debt


nicurro
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Hi,

My wife recently complained to Shop Direct (Very) about unaffordable lending which after a while they refunded interest, charges etc.

She also referred it to the FOS in the time it took for Shop Direct to come to the final decision, she is still waiting for a FOS agent to get in touch though they have acknowledged the complaint.

 

Shop Direct have now sold the debt to Lowell and are refusing to look at the complaint that she has sent to them as even though she has received refunds the unaffordable lending has left her with a higher outstanding balance than there would have been if they hadn’t increased the credit limit.

 

She has in her latest complaint to Shop Direct asked them to close the account and write off the debt as she was unaware that they had sold the debt to Lowell.


We have no way to pay the amount outstanding nor do we wish to engage with Lowell as she still has a complaint against the original creditor sand I would expect that they still need to accept the complaint.

 

Can anyone advise please.

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  • 1 month later...
  • 3 weeks later...
  • 4 weeks later...

Hi again,

 

Another letter received with “Pre legal assessment” across the top.

Goes on to say that they may take legal action but can offer a 20% discount if the account is settled now .

 

Do we ignore this letter too ?

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Yet another “Pre-Legal Assesment” letter received today...

First line of letter reads “We may instruct solicitors” then it says if you don’t get in touch by “date” solicitors may be instructed to take legal action to recover this debt....

 

I take it we just ignore this letter also?

 

thanks for any advice

 

 

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  • 7 months later...

Hi,

My wife had a catalogue debt that was transferred to a collection agency as far as she knows. she has received a letter from Overdales Solicitors which is saying that Lowell Portfolio have instructed them to recover the outstanding balance. It goes on to say that they are instructed to request that the court issues a County Court claim against her. They then set out the balance, est. interest, estimated court fee, solicitors cost, judgement costs, giving a total £300 above the original debt. Could someone advise if she should contact them to try to resolve the matter?

 

The original balance was reduced because the catalogue company agreed that irresponsible lending was in part their fault as they didn’t carry out the correct checks on affordability. The remaining balance was transferred within a day of this decision to Lowell’s with no way of appealing their decision.

 

She contacted the Ombudsman but hasn’t had a response in over 6 months.

 

Any advice appreciated.

 

Nic

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  • dx100uk changed the title to Shop Direct (Very) debt sold to lowells
  • 1 month later...
  • Andyorch changed the title to Shop Direct Very debt sold to lowells Court Claim.

 

Name of the Claimant ? Lowell Portfolio LTD

 

Date of issue – 10th August 2021

 

 

Particulars of Claim

 

What is the claim for – 

1. The claim is for the sum of £1519.59 due by the defendant under an agreement regulated by the Consumer Credit Act 1974 for a Shop Direct account reference of xxxxxxxxxx

 

2. The defendant failed to maintain contractual payments required by the agreement and a Default Notice was served under a.87(1) of the Consumer Credit Act 1974 which has not been complied with.

 

3. The debt was legally assigned to the claimant on 03-08-2020, notice of which has been given to the defendant.

 

 

4. The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £121.57.

The Claimant claims the sum of £1641.16

 

What is the total value of the claim? £1836.16
 

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? No
 

Did you inform the claimant of your change of address?  Not applicable

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

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 purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Affordability and dispute over increasing credit limit without checking affordability. Total balance was reduced as they agreed that some increases were not properly checked before allowing them.
 

What was the date of your last payment? May 2020
 

Was there a dispute with the original creditor that remains unresolved? Yes
 

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

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Hi,

my wife has today received a copy of the credit agreement (electronically signed) and also the deed of assignment though this looks to be a letter saying that they have bought the debt.

The letter also says that they are waiting for other documents to be received and they will send them to her when available.

 

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Yes dx100 - one did have the name and address on as you said.

 

NO IP address box filled in from the online sign up PC  - is there  box for this ?

Is it usual for the IP to be listed on the form?

 

Is there a way forward yet or do we just wait a bit ?

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Just a quick update on this, we have just received an email from the ombudsman after almost 1 year saying that they have assigned an adjudicator to the case.

probably doesn’t change the court case but thought I would let you know.

We haven’t received anything further from Overdales or Lowell since the last upload of docs.


thanks

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  • 2 weeks later...

Not sure if I am on the right track with this but below is the defence I have put together:

 

1.       On the 14th August 2021( sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request. The claimant has failed to date to respond to the CPR sufficiently and remains in default of the section 78 request.

 

2.        The claimant has not provided a true copy of the CCA despite requests being made but instead I received a response dated 18/09/2021 stating `please find enclosed a copy of the agreement’.

 

3.       No valid copy of an executed consumer credit agreement that complies with the CCA1974 has been received by the defendant.

 

4.       The `so called ` copy of the agreement stated in claimants letter dated 18/09/2021 is in fact stated as an online application and is no more than a log from either the OC`s operating system or one that has been constructed since with details from the account to look like an application.The document has no digital ID to show where the agreement was supposedly signed. 

 

5.        Without a valid true copy of the executed Credit agreement that complies with the CCA1974 the claimant has no grounds on which to enforce this alleged debt and has in fact attempted to mislead the courts in to believing that they have the necessary paperwork.

 

6.       It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by 

                CPR 31.14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for

 

7.        Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

8.       As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

9.       On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

10.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

11.    It is therefore requested that the Claimants Claim is struck out pursuant to the above. 

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  • dx100uk changed the title to Lowell claimform - old Shop Direct CAT debt

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