Hello, My husband is a self employed carpenter. He has another job too and the carpentry is a business that he hopes to do full time one day. I help him with emails and telephone calls etc. A lady contacted us at the beginning of the year as she'd seen a post on our facebook page showing a picture of a recycling bin storage unit that my husband had made. She said she wanted one a bit like that and asked how much. I explained that as the unit was built some time ago, we would need to get a price for materials in order to give her a fixed quote, but gave her an estimate. She said it was a bit much, and would one without a door make any difference, to which I replied, not a lot, but we can make a simpler design. She agreed and we went and met her and her husband, my husband took measurements of the space she wanted it in, we had a chat about what she wanted it to look like etc and she was very laid back and just said "just something that hides the unsightly recycle bins, it doesn't have to look exactly like the one in the picture" and my husband told her it wouldn't look exactly the same anyway as he doesn't make everything identical and that the one in the picture the door turned out to be a bit too heavy. So we got a quote for materials and I phoned her with a quote and she said it was too much. I came down to a price she was happy with but explained it would mean that it would be slightly less detailed and she was happy with that. She paid the deposit by BACS in order for us to purchase materials up front. One month later I contacted her and arranged for us to deliver the item to her. We got there and she was delighted, and her and her husband seemed very happy. She paid the rest of the balance in cash and was very chatty and friendly. We showed her how the bins fit in and my husband secured it into the place she wanted it. Got home to an email from her "I'm not at all happy with it, it's bigger than the one in the picture and the door isn't the same". Husband called her and she was very angry, shouting at him that it's an eye sore and that he must come back and make it smaller, to which he calmly replied that he would be unable to do as it would mean completely taking it all apart and ordering different sized pieces of timber. He confirmed that the measurements were the same as the one in the picture (we actually went and measured the one in the picture and it was actually smaller bigger than the one she bought) but she just kept saying "it's not what I expected, it looks bigger and the door is not the same". She then sent an email saying that the item is not what she expected and therefore she wants a full refund and included her bank details. Now, as I understand it, because the 14 day cooling off period ended 14 days after she paid the deposit and agreed (contracted) to go ahead, that she is no longer covered under that. I also believe that because she was happy with it when we delivered it and paid the remaining balance, that that means that the transaction is complete. I will add that we are not in a position to refund her money - 60% of it went on materials and the rest we used to put fuel in the vehicle and then did a food shop. We live hand to mouth, any money made from the business goes straight into the household. The item is fit for purpose, the measurements are the same as the "one in the photo" and match the space we measured on our first visit. It seems that this is a case of she simply doesn't like the way it looks. I have the e-mails where it states the door won't be the same and that she was happy with this. Thoughts on this?

I am doing

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.

I emailed them and their reply was to apologise and send me pictures of their cat. I’m absolutely not kidding!

Hi all, we live in a rural area and our heating system runs on kerosene which we have delivered when needed. The company we use have been delivering to us for years. Last year before Christmas we had a delivery of kerosene which is pumped straight into our oil tank in our garden. After the delivery was made our cat came into the house STINKING of kerosene- she was covered in it. I complained to the company who apologised and said they would speak to the driver. today we had a delivery and it was the same driver. I saw through the window that after he’d filled the tank he threw the pipe into the ground instead of putting it back on his truck properly. Imagine a petrol pump after you fill your car, a little dribbles out doesn’t it? When he’d left I went outside and there was a strong smell of kerosene, and I noticed large patches on the driveway. I checked to see if it was kerosene by touching it and smelling my hand and indeed it was kerosene. Ive complained you the company again who again apologised and said unfortunately they can’t do anything about it other than to speak to all of their drivers again to make sure this doesn’t happen. Technically now I should report this to environmental health and have a full clean up done, as we live near a river and there is livestock on the land. What can I do and where do I stand? We have animals (cat, chickens and dog) and children and I’m really upset that there is kerosene all over my drive.

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.

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.

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.

Heard nothing since my letter. I am also thinking that now, during this coronavirus outbreak, they would have a bloody cheek to contact me for payment.

Since when do VF not do court? I’ve seen a thread in which a member was served court papers by Lowell as instructed by VF.

Pardon?

So do VF not go to court? As I’ve read in previous posts that they have taken customers to court over alleged debts.

I sent VF a letter of deadlock and they “replied” by email with a generic script, requesting that I upload documents to prove my identity! Shocking!

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.

Please can anyone else advise? Vodafone are ignoring my letters disputing the amount and as such Moorcroft are still harassing me.

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

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

The CCA has no signature. its unenforceable!

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.

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.

So Vodafone still haven’t responded to my complaint even though they signed for the letter 6 weeks ago. Moorcroft are now sending letters and adding admin fees saying that Vodafone have instructed them to pursue the debt, and that my complaint was satisfied in July which it was not!

Ah, but there is absolutely NO mobile network (any network) in this Valley, so it’s impossible that it picked up mobile signal at home. And also the SIM card was taken out before this data was allegedly used and texts were allegedly sent.

Yes if I was to use the phone it would be on WiFi. Switched off when not in use. As I said I took the SIM card out in early April.

I always turn the router off at night. We have no network coverage at home. On the dates on the statement, I’d already taken the SIM card out so there’s no way I could have used any data.. the phone was switched off and left at home.

I don’t want a back door CCJ though.