Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -

[jboyd83]

Presume you mean account in dispute letter brig? Ive already CCA'd them

 

Can you please advise me which letter would be best as there seem to be at least 2 'account in dispute' letters I can see in the library?

[BRIGADIER2JCS]

Failure to comply with CCA req.

[jboyd83]

Brig I cant find a letter titled 'Faliure to Comply with CCA request' , possibly looking in the wrong place?..can someone please give me the correct link as there are a few letter templates which relate to this.

Id be very grateful

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[jboyd83]

Thank you very much

[jboyd83]

Hi all, an update of the situation at the moment.

Sent 'dispute' letter and also SAR request off and have received a response from the 'dispute'.

 

Here it goes...

 

 

Further to your letter blah blah.......we have provided you with

1. A re-constituted copy of your credit agreement that was sent to you at the time of opening your account;and

2. A copy of your current credit agreement ,

which includes all applicable contractual variations and amendments that have taken place since your account was opened.

We have therefore satisfied your request in accordance with the Consumer Credit Act 1974.

 

 

Then goes on about how much I owe, etc etc...if I require further info etc.

 

 

I'm just presuming theyre trying to squirm out of providing a true copy?

Can anyone advise me how I stand regarding this letter now please?

 

Still awaiting the SAR to reclaim.

 

Thanks very much everyone

[BRIGADIER2JCS]

Copies of agreements do not have to be provided with a SAR, the ICO says although it may 'expect' an agreement to be supplied there is no specific obligation for a creditor to do so.

 

The reconstituted agreement you have received does appear to satisfy a section 77/78 request made under CCA 1974, a judge may allow this with evidence of usage of a credit facility to be admitted as proof that a liability subsists.

So you need to wait and see what the SAR brings forth.

[jboyd83]

Thanks Brigadier, I thought someone said it wasnt a true copy that theyd supplied and thats why I was advised to send the 'dispute' letter?.....

[jboyd83]

dx advised that

''that could be anything by anyone

 

its NOT a valid CCA by far.''

 

Can someone confirm if it is or not please or am I getting mixed up?

Thanks alot

[BRIGADIER2JCS]

Thanks Brigadier, I thought someone said it wasnt a true copy that theyd supplied and thats why I was advised to send the 'dispute' letter?.....

 

It is a reconstituted copy of the agreement you would have signed, it does not need signatures it must have your name and address at the time the account was opened, the name and address of the creditor, the terms & conditions when the account was opened and the current Ts & Cs + any amendment made during the life of the agreement, the financial data must be that appeared in the original agreement, it appears that what you have is a properly reconstituted agreement, which satisfies a CCA request.

 

As said if this was to go to litigation a judge would have to rule on the enforceability of the recon.

 

Having looked carefully at this that's how it appears to me, but it was correct to dispute it as it is NOT an actual copy of the original agreement.

[jboyd83]

Ok thank you for explaining that Brigadier.

Could you explain the use of the dispute letter to me please if in fact they could still enforce it/take it to court without the actual copy of the agreement, is there any point in the dispute letter in my case if you see what I mean?

Does it have a use for future correspondence with them or something?

[BRIGADIER2JCS]

The form posted here earlier is the signature page of an agreement, you say you have also received 2 sets of terms and conditions and amendments, the documents contain your correct name and address and the creditors details if this is so it satisfies the CCA request in my opinion, in any litigation it would be for a judge to decide if the is on the balance of probabilities that the debt exists and is payable.

Wait for the SAR and if it has not been provided in 40 days from the date the creditor received it chase it up vigourously.

[jboyd83]

Yes, the page I uploaded is the signature page - has name address etc, the 2nd page of that has 'other terms and conditions' with no name etc. Then a seperate 2 page 'Consumer credit agreement' which has no name, address etc on it.

I understand now that they can enforce it if necessary, just thought Id already had it confirmed by dx that it wasnt worth the paper it was written on....

 

Still confused why I was right to send an 'failure to comply with a CCA request-account in dispute letter' if they've complied with the request?

Hopefully the SAR request with be dealt with just as speedily.

Thanks again Brigadier

[BRIGADIER2JCS]

Ok thank you for explaining that Brigadier.

Could you explain the use of the dispute letter to me please if in fact they could still enforce it/take it to court without the actual copy of the agreement, is there any point in the dispute letter in my case if you see what I mean?

Does it have a use for future correspondence with them or something?

It is always wise to challenge a reconstituted agreement even one that 'appears'' to satisfy the CCA request, satisfying the request does NOT mean such an agreement WILL be accepted by a court, from my experience since recons 'grew' out of case law 65+% never get to court, and a good percentage of those that I have seen in court fail on one point or another.

 

In the very slim chance that you case did go to court it would be noted that you had challenged the recon which prior to any proceeding would be carefully scrutinised for any variance that is open to challenge.

[BRIGADIER2JCS]

Yes, the page I uploaded is the signature page - has name address etc, the 2nd page of that has 'other terms and conditions' with no name etc. Then a seperate 2 page 'Consumer credit agreement' which has no name, address etc on it.

I understand now that they can enforce it if necessary, just thought Id already had it confirmed by dx that it wasnt worth the paper it was written on....

 

Still confused why I was right to send an 'failure to comply with a CCA request-account in dispute letter' if they've complied with the request?

Hopefully the SAR request with be dealt with just as speedily.

Thanks again Brigadier

 

Satisfying the CCA request is along way from satisfying a court.

[jboyd83]

Ahhhh, I see now, I think Ive been crossing posts so asking further questions before Ive been able to read your replies Brigadier, I apologise.

So not as cut and dried as I thought and maybe not as negative.

Thankyou very much for taking the time to explain to me I really appreciate it. I was a little wary of asking the 'whys and what fors' incase I appeared to sound like I was being abrupt, that was not my intention at all and I hope you did not read it that way. I would hate to offend anyone that is being positive in helping me.

So, not much different to before, watch and wait really and hopefully some reclaiming to do in the meantime

[BRIGADIER2JCS]

:lol:Please never be afraid to ask questions at any point, no offence taken what so ever!!!

[jboyd83]

Oh thats good, Im glad, I know sometimes reading the words can be percieved differently to how they are intended

I always say to my kids 'no such thing as a daft question and there'll always be someone else who will be glad you asked it '.

[jacchris]

Hi

 

Just offering some encouragement I know how stressful dealing with the nightmare that is shopdirect/littlewoods/very/ndr...

 

I contacted lwoods to advise upcoming redundancy, money worries and blah ...I requested a reduced payment option for a few months, the response was no option available and I had to wait to be defaulted before contacting them ae feesgain??

 

I contacted again two months ltr to repeat my predicament and again was advised no option of reduced payment available and late payment fees have also been added to account and I should expect to hear from ndr and then I should speak to them???

 

I called ndr who advised full payment rqred pronto.....stressed and ****d of I decided to CCA lwoods and 4 months later recived peperwork which confirmed very little. I sent a SAR to lwoods and again waited over 4 months and finally received a response which again showed no signature or personal details but did show a plethora of additional charges regarding recent late payments???

 

I wrote to advise that this agreement would not satisfy the courts and requested refund of all late payment charges offered a #1.00 per month payment towards the account balance...no response.

 

I sent the same letter again and finally 5 months later received a cheques for the late payment charges and nothing else. Nothing from lwoods or ndr, the bi weekly threatening letters stopped and I pay #1.00

 

Good Luck

[dx100uk]

hope you got the compounded int back those charges cost you...?

 

dx

[jboyd83]

Hi all, I cant even remember now what my last action on this Littlewoods debt was....Im sure I sent off a claim for charges etc......but nothing back. Now a court claim has landed on my doorstep.....from Bryan Carter Solicitors for Shop DIrect......Im freaking out quite a bit now.

 

**sorry its from Bryan Carter, assigned by Lowell for the Littlewoods debt.

[dx100uk]

can you please fill this in:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(2-Viewing)-nbsp

[jboyd83]

Name of the Claimant ?

LOWELL PORTFOLIO LTD

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

03 JUNE 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

THIS CLAIM IS FOR £6982 THE AMOUNT DUE UNDER AN AGREEMENT BETWEEN THE ORIGINAL CREDITOR AND THE DEFENDANT TO PROVIDE FINANCE AND/OR SERVICES AND/OR GOODS.

THIS DEBT WAS ASSIGNED TO/PURCHASED BY LOWELL PORTFOLIO I LTD ON 27/06/2013 AND NOTICE SERVED PURSUANT TO THE LAW OF PROPERTY ACT 1925

PARTICULARS

RE: SHOP DIRECT-LITTLEWOODS

AC NO xxxxxxxx

 

AND THE CLAIMANT CLAIMS £6982

THE CLAIMANT ALSO CLAIMS INTEREST PURSUANT TO S69 COUNTY COURT ACT 1984 FROM 27/06/2013

TO DATE AT 8% PER ANNUM AMOUNTING TO £520

 

What is the value of the claim?

AMOUNT CLAIMED: 7502

COURT FEE: 410

SOLICITORS COSTS: 100

TOTAL AMOUNT: 8012

 

 

Has the claimant included section 69 interest (8%)within the total claim or is it shown separate within the Particulars but not added to the debt?

HAVE DETAILED IT WITHIN PARTICULARS AND IT IS ALSO ADDED TO THE 'AMOUNT CLAIMED'.

 

Is the claim for a current or credit/loan account or mobile phone account?

NO, ACCOUNT CLOSED.

 

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

IN 2007

 

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.

ISSUED BY A 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?

I BELIEVE SO YES

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

DONT KNOW, LOST TRACK OF EVERYTHING AS I HAVE LOTS OF DIFFERENT THINGS/DEBTS TO DEAL WITH

 

Why did you cease payments:

COULD NOT AFFORD TO PAY

 

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

CANNOT REMEMBER WHO I HAVE CCA'D, SAR'D...NEED TO TRY AND FIND OUT WHAT MY LAST ACTION WAS BUT SO CONFUSED WITH THE AMOUNT OF STUFF I HAVE TO DEAL WITH

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?

NO

 

 

 

 

Thank you very much to everyone who is taking the time to try and help us...

 

..on top of this we have just recieved a hefty parking fine for staying in a shopping centre carpark

over the permitted stay time..

 

....and tax credits have just reduced our award by 60 odd pounds a week...

 

...and hubby may be out of a job come the 16th.

 

As you can imagine Im stressed to bits..

..and the urge to run away is strong.

...but I must deal with all of this...

 

..can I do an income expenditure and get all my debts together to attempt to get a payment plan agreed

and get this all sorted out or is it too late?

Is that even a good idea?

[dx100uk]

start a thread in the private carparking forum

for the ticket

 

just remember IT IS NOT A FINE!!

 

dx

[havinastella]

As mentioned earlier, was this account opened pre or post April 2007.

 

Have they lumped all the debts together or does the figure claimed seem about right?

 

Did you ever send the SAR to Littlewoods?

 

You need to send the CPR31.14 to Carter asking for the agreement, the assignment, how the debt amount is made up, default notice, Letter before action.