Littlewoods cca/Lowells ***WON***

[skegleg]

right, i have now received a letter from Samantha Swallow, my comments are in red

 

 

Thank you for your recent correspondance, the contents of which have been noted.

Please could you pass on the details of your dispute with Littlewoods in order for us to investigate this further with the original creditor (should i do this)

 

We can confirm we have requested a copy of the agreement and this documentation will be sent out to you once we are in receipt

(i have never asked for the agreement )

 

In the meantime we can confirm that your account has been placed on hold

We trust this clarifies the matter and look forward to your response

(do i respond )

 

any help is very much appreciated, thanks skegleg

 

bump

anyone know whether i should reply to lowells or not ?

thanks

[blind-as-a-bat]

Sorry i did not get to reply sooner, been a bit hectic this weekend:rolleyes:

 

What you should do will depend on if and how the debt was assigned (im still not 100% convinced on the claim of assignment myself in either of our cases)

 

IF it has actually been assigned by way of absolute assignment, there is nothing you can do about that, being in default, or despute does not stop the assignment or make it unlawfull, as that is not inforceing the agreemant BUT the assignee buys the rights and benefits in the debt, so they also get the restriction of the default or dispute.

 

So insisting they return it to littlewoods may be pointless, they may if they cant collect, but there is no legal reason why they have to.

 

So with that in mind it would be reasonable to tell them what the dispute is as in fairness i doubt Littlewoods told them, or even recognised the dspute to be honest.

 

You shouldnt have too, and im sure others will say no dont tell them anything, but that wont get you anywhere except court, its better they are aware court action will (should) be pointless, and the dispute has no remady as the agreemant is (should be) unenforceable in a court under sec127(3) of the act.

 

At least if they then ignore you and take it to court they cant plead ignorence when the question of costs is raised;-)

[blind-as-a-bat]

PS i have had a responce to my letter, they are looking into it and will be in touch within 14 days apparently:rolleyes:

[citizenB]

I see no reason why you shouldnt give Lowells a brief outline of your complaint with Littlewoods. At the very least it will keep them off your back for a while whilst they investigate.

[skegleg]

Sorry i did not get to reply sooner, been a bit hectic this weekend:rolleyes:

 

What you should do will depend on if and how the debt was assigned (im still not 100% convinced on the claim of assignment myself in either of our cases)

 

IF it has actually been assigned by way of absolute assignment, there is nothing you can do about that, being in default, or despute does not stop the assignment or make it unlawfull, as that is not inforceing the agreemant BUT the assignee buys the rights and benefits in the debt, so they also get the restriction of the default or dispute.

 

So insisting they return it to littlewoods may be pointless, they may if they cant collect, but there is no legal reason why they have to.

 

So with that in mind it would be reasonable to tell them what the dispute is as in fairness i doubt Littlewoods told them, or even recognised the dspute to be honest.

 

You shouldnt have too, and im sure others will say no dont tell them anything, but that wont get you anywhere except court, its better they are aware court action will (should) be pointless, and the dispute has no remady as the agreemant is (should be) unenforceable in a court under sec127(3) of the act.

 

At least if they then ignore you and take it to court they cant plead ignorence when the question of costs is raised;-)

 

Thank you so much for the reply baab it is very much appreciated, i will put a letter together just to outline the dispue and send it to them

 

PS i have had a responce to my letter, they are looking into it and will be in touch within 14 days apparently:rolleyes:

 

lets see what happens next with yours then as we are about at the same stage now

 

I see no reason why you shouldnt give Lowells a brief outline of your complaint with Littlewoods. At the very least it will keep them off your back for a while whilst they investigate.

 

Thanks so much for the reply citizenB it is very much appreciated , hopefully like you say it will keep them off my back for a while until they decide which way to go with this

[blind-as-a-bat]

Well i now have it in writing from cabot that Littlewoods Finance Company Limited where named as the assignor, so that means they made a mojor financial transaction while registered as dormant:D

now to give cabot the bad news that the assignment is flawed as the details are wrong, not saying what details, but it renders it void, and is unenforceable anyway, and remind them of the OFT's recent action against Mc halls if they ignore the fact and continue chaseing it:p so the next bit could be intresting;)

[skegleg]

Well i now have it in writing from cabot that Littlewoods Finance CompanyLimited where named as the assignor, so that means they made a mojor financial transaction while registered as dormant:D

 

 

 

now to give cabot the bad news that the assignment is flawed as the details are wrong, not saying what details, but it renders it void, and is unenforceable anyway, and remind them of the OFT's recent action against Mc halls if they ignore the fact and continue chaseing it:p so the next bit could be intresting;)

 

Hi blind as a bat

hope all is well with you and yours

Naughty Naughty Littlewoods (they cannot get anything right can they )

would be good to be a fly on the wall when cabot get your letter,

 

I have sent Lowells a letter just outlining my dispute , will just have to wait and see what nonsense reply they come up with,

[skegleg]

hi everyone

 

well i have at last received a reply from Lowell, my comments in red

 

 

Dear ****

REF NO ******

ORIGINAL CREDITOR ; SHOP DIRECT

BALANCE OUTSTANDING *****

 

We write in respect of the above debt,which, as previously notified in writing we have purchased from shop direc.

We are now entitled to receive payment of the balance of £****** from you and enclose a copy of your agreement as requested ( i never requested a copy of the agreement, and what they have sent is the same rubbish Littlewoods sent)

Neither Shop Direct nor ourselves are aware of any reason for non payment (strange that as Littlewoods are fully aware as i have told them and i have also informed Lowells as the requested that i do )

 

Please kindly make payment of the outstanding debt or contact us within 7 days of the date of this letter to agree acceptable payment proposals, failing which we reserve the right to instruct our solicitors to issue legal proceedings against you without further notice

yours sincerely

Samantha Swallow.

 

Right as i have said they have sent the rubbish Littlewoods sent me, i have already outlined my dispute with them as they requested and they are ignoring it,

any ideas folks what i do now ?

thanks as always

skegleg.

[citizenB]

I guess all you can do now is to let the OFT know and copy the complaint to Lowells.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

HTH

[skegleg]

I guess all you can do now is to let the OFT know and copy the complaint to Lowells.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

HTH

 

 

Thank you for the reply CB

letter of complaint to oft and lowells, see what mumbo jumbo they come up with , as always thanks again for taking the time to reply, will keep you updated

[skegleg]

complaint letter to oft, and lowells sorted, ready for posting.

[skegleg]

well yet another letter from the wonderful lowell

seems like good old Sam Swallow has got fed up with me and now i have Andrew Bartle back, don't you just love em

Dear ****

REF NO ******

ORIGINAL CREDITOR ; SHOP DIRECT

BALANCE OUTSTANDING *****

 

We regret to note that despite previous correspondance regarding the above account we have not received payment or a valid reason fro non payment.

 

Failure to respond to this notice may result in further action being taken to recover the monies owed by you.

 

We urge you to call one of our advisors to prevent action being taken.

 

Tel 0844 844 4716

Yours sincerely

Andrew Bartle

[citizenB]

If they get around to threatening Imminent legal action, then send them a copy of the letter in the following link, suitably amended of course.

 

http://www.consumeractiongroup.co.uk...t-1800199.html

 

Meanwhile, I would just send them something short and sweet.

 

*********************************

 

Dear Sirs,

 

ACCOUNT IN DISPUTE

 

I am surprised this account has been passed over to you in that this account is in serious dispute and has been since (whenever you first started playing pingpongletters with OC).

 

Please see the extract from the OFT Guidelines, which I am sure you are familiar with.

 

 

OFT GUIDELINES

 

Deceptive and/or unfair methods

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.[

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I trust this matter will now be returned to the Original Creditor for resolution of my complaint.

 

Yours etc,

 

************************* ********

 

You may also be interested to see what the OFT has to say, when you make a complaint to them.[

 

 

This is what the Office of Fair Trading has to say:

 

“We have noted your concerns regarding the provision of a copy of the executed credit agreement and would like to make the following comments.

The general effects of sections 77-79 requires the creditor/owner (in the case of a hire agreement) under an agreement for (fixed -sum credit, running account credit and hire agreement) to provide the debtor/hirer with a copy of the executed agreement and a statement of account on request.

If a creditor/owner fails to comply with a valid request within a period of 12 days (not including the date of receipt of the request) he may not enforce the agreement at all. This prevents enforcement with or without a court order.

We do understand your concerns in this matter but please do remember however that once the creditor/owner complies with the request albeit out of time, he may once again enforce the agreement.

A ‘true copy of an agreement principally consists of the terms and conditions of the agreement and the statutory content of the agreement. The name, address and signature of the debtor do not have to be provided. Additionally, the creditor must supply the total sum paid under the agreement by the debtor; the total sum which became payable under the agreement but remains unpaid; and the total sum which has become payable under the agreement but remains unpaid by the debtor (the latter two must include the amounts comprised in that total sum and the date when each is/was due). However, the copy must be a copy. It need not be exact on immaterial points, but cannot be a conjectured reconstruction. If the trader has no original copy, the trader will have difficulty showing that he has complied with the regulation by supplying a ‘true copy’, since nobody would know what was in the original. When the trader comes to enforce the debt in court, he needs to have a signed copy of the agreement in order to enforce. As the law stands currently, he cannot otherwise.

We note your concerns that in the absence of a copy of the original agreement someone’s liability for a debt can only lead to further query. However in circumstances like this we would view it as an Unfair Practice under section 25(2)d of the Act and relevant to license fitness if a trader failed to investigate and to provide details as appropriate when a debt is queried of disputed.”

 

 

[skegleg]

If they get around to threatening Imminent legal action, then send them a copy of the letter in the following link, suitably amended of course.

 

http://www.consumeractiongroup.co.uk...t-1800199.html

 

Meanwhile, I would just send them something short and sweet.

 

*********************************

 

Dear Sirs,

 

ACCOUNT IN DISPUTE

 

I am surprised this account has been passed over to you in that this account is in serious dispute and has been since (whenever you first started playing pingpongletters with OC).

 

Please see the extract from the OFT Guidelines, which I am sure you are familiar with.

 

 

OFT GUIDELINES

 

Deceptive and/or unfair methods

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.[

 

2.8 Examples of unfair practices are as follows:

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

I trust this matter will now be returned to the Original Creditor for resolution of my complaint.

 

Yours etc,

 

************************* ********

 

You may also be interested to see what the OFT has to say, when you make a complaint to them.[

 

 

 

Thanks so much for your advice CitizenB

as always it is very much appreciated, and a letter to them WILL be sent and also to oft as this is getting silly now.

they ask me to outline my dispute, i do it, they then send me the same piece of garbage Littlewoods sent ignoring my dispute, and my request for their complaints proceedure, then start with the letters again, even though i have asked them nicely to return to the OC every time i have written to them.

thanks again CB

[sam614]

InsideARM: Executive Change: Lowell Group Appoints Bob Collins Director of Compliance

 

maybe a letter of complaint should be send to bobby;)

make him aware that his staff are not complying .

 

SAM:pLOWELL DETESTER

[citizenB]

Thanks so much for your advice CitizenB

as always it is very much appreciated, and a letter to them WILL be sent and also to oft as this is getting silly now.

they ask me to outline my dispute, i do it, they then send me the same piece of garbage Littlewoods sent ignoring my dispute, and my request for their complaints proceedure, then start with the letters again, even though i have asked them nicely to return to the OC every time i have written to them.

thanks again CB

 

You are very welcome. If you also want to make a complaint to the OFT, here is a draft letter that can be amended.

 

http://www.consumerforums.com/resources/templates-library/50-complaint-in-respect-of-dca-threat-re-expired-debt/101-complaint-in-respect-of-invalid-cca-agreement

 

If you do make the complaint, send a copy of it to the DCA/Creditor .... for their records

[skegleg]

thanks so much sam614 for the link, a definate letter of complaint on its way to bob

 

and once again thanks so much citizenB for your help, just to let you know complaint to Lowell and OFT printed and ready for posting;)

[skegleg]

received yet ANOTHER letter from Lowell, bearing in mind i have received one letter on 16th, one on 18th now this one on 22nd.

 

this letter i have received states:

 

Dear ****

REF NO ******

ORIGINAL CREDITOR ; SHOP DIRECT

BALANCE OUTSTANDING *****

 

Despite the fact that we have offered you numerous opportunities to resolve the above outstanding debt it remains outstanding.

 

Unless we receive payment in full or a part payment with proposed payment plan within the next 5 days, we will have no alternative but to instruct our solicitors to look to begin legal action against you.

This could result in a charge being put on your property or an attachment to your earnings along with court costs and interest.

Alternatively we may arrange for an agent to visit your address to negotiate settlement.

You can still avoid further action being taken by contacting our collections department NOW.

TEL

0844 844 4716

 

:lol: Well they havent done their homework have they as

1) i dont own my own property, i live in a council bungalow

2) i am severely disabled and have no income reliant solely on benefits .

3) i have contacted them numerous times by letter.

4) i have already informed them that an agent "will not be welcome at my property"

i am pleased this come today as the letter received can go into the envelope that is ready to go to OFT :grin:

[sam614]

get it off to OFT

 

before scary hamptons are on the case:D:D

 

SAM:pLOWELL DETESTER

[citizenB]

Well at least they have saved you a stamp, skegleg..

 

What was the date on this last letter and how did they post it ?. Please keep the envelopes .

[skegleg]

get it off to OFT

 

before scary hamptons are on the case:D:D

 

SAM:pLOWELL DETESTER

 

Thanks for the reply sam, it is ready to be posted tomorrow :)

 

 

Well at least they have saved you a stamp, skegleg..

 

What was the date on this last letter and how did they post it ?. Please keep the envelopes .

 

Hi CB

thanks for the reply, and yes i have stapled all envelopes to their letters

 

Right here is a breakdown

 

1) letter received a letter from Samantha Swallow dated 11 June giving me 7 days from the date of letter to contact them included was the cca Littlewoods had already sent me and saying they now can see no reason for non payment (received this on 16th June)

 

2) letter received from Andrew Bartle dated 15 June saying no valid reason for not paying (received this on 18th June)

 

3) received letter today from A Bartle threatening to steal my liver(well not quite but hey ;-)) dated 18th June (received today 22nd)

 

i informed them in my first letter i am severely disabled and do not talk on the phone and can only communicate in writing, so they are not giving me any chance to write to them before they send me another letter the muppets. :grin:

 

ps also can i ask do i send complaint to OFT by recorded delivery or normal post, thanks

Edited June 22, 2009 by skegleg
adding

[sam614]

what are these cretins on.how many millions do u owe?

 

letters every 4 days:mad:this has got to be harassment without a doubt.

 

skeg..hope you have wrote a damn good letter of complaint to OFT.

 

SAM:pLOWELL DETESTER

[skegleg]

what are these cretins on.how many millions do u owe?

 

letters every 4 days:mad:this has got to be harassment without a doubt.

 

skeg..hope you have wrote a damn good letter of complaint to OFT.

 

SAM:pLOWELL DETESTER

 

Hi Sam

yes it's rediculous isnt it ?

and yes hopefully my letter to OFT is a good one as i too class this as harrassment.

I think it is because they dont have my phone number so cannot harrass me on the phone

[sam614]

Hi Sam

yes it's rediculous isnt it ?

and yes hopefully my letter to OFT is a good one as i too class this as harrassment.

I think it is because they dont have my phone number so cannot harrass me on the phone

 

I think its because they are blood sucking a holes:lol:

 

SAM:pLOWELL DETESTER

[skegleg]

I think its because they are blood sucking a holes:lol:

 

SAM:pLOWELL DETESTER

 

:lol: yes agree with you there