Lowell claimform - old Shop Direct CAT debt

[nigrob]

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.

[dx100uk]

don't enter into silly letter tennis with lowells...ignore them they are NOT BAILIFFS

 

if/when they ever issue a letter of claim.

 

comeback here.

 

dx

 

[nigrob]

Lowell have sent a letter saying that they are reviewing the debt to consider legal action now, do we still ignore this letter ?

 

[dx100uk]

read it properly..doesn't say will anything

is not entitled letter of claim

as post 2

 

dx

 

[nigrob]

No it doesn’t say Letter of claim or will do...

Further attempts to get inc/exp info to arrange a payment plan, if they don’t hear anything then they will use available info ie, credit file to assess for legal action.

[London1971]

Lowell's MO is to issue court claims for people who can't defend , such as those who have moved without informing them of their new address. AKA a back door CCJ. Providing they have these details it's unlikely they will do any more than send a few begging letters.  The worst thing you could possibly do right now is to enter into a payment arrangement with them. If a Letter before action does arrive, and it's a big if, then that's a different thing. However that may never happen.

[nigrob]

Hi,

Received another letter from Lowell which appears to be a further attempt to frighten us into contact them.

Could someone confirm this is the case and we still need to ignore it.

 

 

convert-jpg-to-pdf.net_2020-10-22_21-45-31.pdf

[London1971]

Ignore.

[nigrob]

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 ?

[dx100uk]

oh no not the pre school letter in pretty crayons...

[nigrob]

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

 

 

[dx100uk]

as post 2 back in august.....

until or unless you get a letter of claim

you ignore everything

we don't need to know about pointless pre school rubbish

get reading up.

 

 

[nigrob]

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

[dx100uk]

is this:

 

Shop Direct (Very) - Mail order catalogues - Consumer Action Group

[AndyOrch]

Has she not received a Pre Action Protocol pack prior to the above ?

[nigrob]

Hello, 

 

Sorry, yes it is the same issue DX100.

 

No pre-action protocol pack has been received Andyorch.

 

 

[dx100uk]

threads merged

 

so as post 2 then.

 

dx

 

[nigrob]

Hi,

 

my wife has now received a County Court claim for this debt with a limited time to reply.

Any advice appreciated on how to proceed.

[AndyOrch]

Topic moved to Financial Legal Issues Forum in view of the court claim topic title updated.

 

Please read the following link carefully  which explains the process and then copy the Q,s and your responses back here for further advice.

 

 

Regards

 

Andy

[nigrob]

 

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.

[nigrob]

Hi,

just preparing the CCA request, should it be sent to the claimants address or the correspondence address?

Lowell - claimant

 

Overdale solicitors- correspondence address.

 

thanks

[dx100uk]

please complete this:

 

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
...

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/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

dx

[AndyOrch]

1 hour ago, nicurro said:

Hi,

just preparing the CCA request, should it be sent to the claimants address or the correspondence address?

Lowell - claimant

 

Overdale solicitors- correspondence address

 

thanks

 

correspondence address Overdale solicitors

[nigrob]

On the CPR instruction it says “on BOTH type your name ONLY”

 

Is “both” the CPR & CCA ?

[dx100uk]

sorry it should have been this one:

 

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 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
[BUT you MUST file a defence regardless by day 33 ]
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 £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

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

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............