Shopacheck Debt - Offer of Repayment Refused

[dampriser]

Many thanks for taking the time to reply yet again Revenant, it's most appreciated.

 

I didn't send the dispute letter as i haven't been well enough to get out of the house, and have needed constant care from my wife.

 

I'm wondering if i should send a copy of our original letter that i had sent to shopacheck which included our offer of repayment.

It included mention that we are classed as vulnerable, and also revokes permission for them to visit us at home.

 

BTW, i'm not clued on abbreviations and wondered if you could explain CSA and perhaps provide a link to their website.

I got my information on vulnerability from Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

My only other major concern is that whilst we recieved photocopies of credit agreements in response to our cca letters, we didn't recieve a statement of account, and thus have no paperwork on how our previous payments were allocated, or indeed how they've come up with the amounts we owe.

 

Sorry for being such a burden on you guys, and thanks to all that have read my thread but unable to add anything extra, your time is most appreciated.

[Revenant]

Hi sc

You're welcome and sorry to hear you've not been well, hope you feel better

CSA = Credit Services Assc

Here's the link to thier code of practice . .

http://www.csa-uk.com/media/editor/file/Code%20of%20Practice%202009.pdf

 

If the photocopies you received can't be read properly then they can't be relied on and as already said do not conform with your request so there's a failure to supply argument

 

You could send a copy of your original letter but maybe back it up with a cover in which you lay down the "law" firmly letting them know you're not going to play by thier rules

 

Thanks for posting the link to the site you used, any info we can find is useful and as for being a burden . . shurrup . . we've all been there at some point and I bet that in the future you'll be helping others out with the knowledge you've gained

good luck

R

[Big_Bother!]

Hi me again!

I just reread your post. If your medicaly unfit, then if the idiots took you to court, I feel the Judge would not be impressed.

I should get a letter from your GP stating that you are in a medical condition and are classed as vunerable, especially if you get any form of benefits.

It may be advisable to get a Subject action request in. This costs £10, but they have to supply everything they hold on you ( including back office stuff)

Please stop speaking on the phone to them unless you can record the calls. Calls are acceptable in these sort of cases though they must be transcribed into hard copy.

Good luck.

Note I am not a leagal eagle just someone who has been through a similar situation.

[alfwithhair]

you said in your earlier post

 

25th Feb -

Letters recieved today advising debt sold to CL Finance Ltd on 19th Feb, for whom Lewis Debt Recovery are acting on behalf of, and that full payment of the debt must be recieved by 4th March or further action will be taken."

 

Did you receive any default notice from ShopaCrook.

If not them they have unlawfully recinded the agreement at point of sale, if thats the case they can only claim the arrears and until they come up with a compliant agreement they not even entitled to that.

Edited February 25, 2010 by alfwithhair

[dampriser]

Hi, and thanks for your posts.

 

@ Revenant - I've decided to send the letter template that you linked in a previous post, along with the dispute letter (amended to include the legibility clause alfwithhair previously posted) and highlighting the required statement of account that i never recieved.

 

I paid the required fee for Shopacheck to send me the complete information which they haven't yet fully provided, thus i'm still disputing the agreements.

 

I don't mind who provides the information, so long as I get to see the payments we made, and how they were allocated.

 

@ Big_Brother! Hello......... My pyschiatrist has already mentioned that if i wrote a letter, he would get his secretary to type it up and he will sign it.

 

I've already made it aware to Shopcheck of my medical condition, and at this stage i'm not willing to provide any further evidence on this matter.

Don't want to play too many cards at the same time.

 

@alfwithhair - thanks for the advice earlier posted. I did recieve a default notice on all agreements from ShopaCrook ( I like that and will have to use it myself) though the figures quoted included an early redemption discount, and none of the notices were signed....... Does that make a difference? Probably not.

 

Please keep the advice coming, it helps me in standing up to these people, rather than sweeping it under the carpet and hoping it will all go away, meanwhile letting them get away with whatever they want.

[alfwithhair]

any chance you can scan the default notices (minus your personal details) up so we can check if they are valid

 

If not can you give the date default was issued and remedy date given

agreement clause breached

did they ask for arrears or the full ammount

[dampriser]

any chance you can scan the default notices (minus your personal details) up so we can check if they are valid

 

If not can you give the date default was issued and remedy date given

agreement clause breached

did they ask for arrears or the full ammount

 

 

Sure, I'll have a go.

The default notices are the same, barr the amounts and reference numbers, so i've attached just the one.

Hope it works and you can read it.

 

Thanks.

 

Perhaps it's easier to see here http://tinypic.com/view.php?pic=2q3daa0&s=6

Edited February 25, 2010 by saintscouple
link to image added

[alfwithhair]

Sure, I'll have a go.

The default notices are the same, barr the amounts and reference numbers, so i've attached just the one.

Hope it works and you can read it.

 

Thanks.

 

Too small to read.

Upload the image to Photobucket and then copy the IMG code to your thread on here, that way we can see it at full size

[cab1ne]

date of issue 25/01/2010

remedy by 07/02/2010

 

Erm bang out of order

dated 25/01 (monday)

service 1st class = 2 days 27/01

start counting fron 28/01 + 14 clear days = remedy must be by 11/02

 

4 days short @ 1st class post

 

cab

[alfwithhair]

So would appear they are stuffed

Invalid default so unlawful recission.

Write to CL Finance and accept the unlawfull recission which occured at point of sale.

No need to mention the dodgy default

The tell lewis the the same and chillax and enjoy yourself.

They willl huff and puff that they will initiate court action but they are totally stuffed. Take no s**t from them.

[dampriser]

So would appear they are stuffed

Invalid default so unlawful recission.

Write to CL Finance and accept the unlawfull recission which occured at point of sale.

No need to mention the dodgy default

The tell lewis the the same and chillax and enjoy yourself.

They willl huff and puff that they will initiate court action but they are totally stuffed. Take no s**t from them.

 

please bear with me on this,

 

so you are saying the default notice is invalid, and they cannot enforce the debt?

 

Is there a template letter for this unlawful recission?

 

Sorry, but i know little about the terminology you are using and unsure how to word in a letter what you are saying.

 

I'll have a google on the terminology and see what i come up with in the meantime.

 

Thanks

[dampriser]

Found a letter posted on this site which i've adapted to my circumstances.

 

Does anyone think this is ok?

 

Dear Sir/Madam

 

I have had the documentation which was supplied by Shopacheck Financial Services Ltd independently analysed and it has been found that the Default Notice is defective on the following point:

 

The Default Notice is dated 25/01/2010, and it stipulated that I had to remedy the default by 07/02/2010.

Allowing 2 days 1st class postal service, this left me with 10 days to remedy the situation not the 14 days as required by the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

The account was terminated on 07/02/2010 which because of the defective Default Notice, is unlawful rescission of contract.

 

Failure of a Default Notice or Termination Notice to be accurate not only invalidates such notice (Woodchester Lease Management Services Ltd V Swain & Co NLD 14 July 1998 but it is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt (Wilson V First County Trust Ltd [2003] UKHL 40, Wilson V Robertsons (London) Ltd [2006] EWCA Civ 1088, Wilson V Pawnbrokers [2005] EWCA Civ 147) - but would also give the claimant a claim for damages in the sum of £1000 (Kpophraror V Woolwich Building Society [1996] 4 All ER 119).

 

Due to the situation outlined above I suggest that you consider this matter now closed because any further claim made by you will be vigorously defended.

 

Yours etc

 

I'm not sure about the clause in red, as i didn't actually recieve the default notices until Friday 29th January, though i didn't keep the envelopes and can only recall this because i mentioned the date in my 1st post in this thread.

 

I haven't been given an address for CL Finance whom now own the debt. I have only been informed of this assignment in the letter from Lewis Debt Recovery.

 

Should i just send the letter to Lewis Recovery and is there any need for me to enclose a copy of the default notice?

 

Here's hoping to a light at the end of a tunnel...

[Bobbins37]

Am I right in saying they can pursue the debt without issuing a default notice if the term of the original loan has expired?

[dampriser]

Hi,

 

Just a quick one if i may as i'm hoping to send my letter off today (I have a disability which restricts my outdoor access).

 

I started a thread here on what was initially a refusal to an offer of repayment, though through help of fellow member it appears that the default notice issued didn't give the full 14 day duration.

 

The default notice is scanned on post #32, and my suggested letter on post #37

 

Can someone please verify for me that i am heading in the right direction, or make any suggestions to any amendments?

 

Thank you so much.

[robcag]

Hi SC

 

 

(IMO), I would confirm what others have said on your other thread regarding the fact that the DN is invalid due to insufficient time being given ...

 

... BUT ...

 

as they haven't actually stated that they will terminate the agreement under the action which will be taken if you do not remedy, then AIUI they are free to issue a new compliant DN.

 

However, they have said they will demand the outstanding balance, so if they have done that, then AIUI, they will have terminated the contract, and that would have been done unlawfully, the DN would stand (invalid), and the termination would then prevent a new DN being issued (although they might try it on).

 

Have they actually demanded the full outstanding balance since the DN was issued, and on what date?

 

Cheers

Rob

[dampriser]

Hi Rob, and many thanks for your reply.

 

Shopacheck issued the DN as scanned.

 

Then no further correspondance from them.

 

Instead, the next correspondance i recieved, dated 22 Feb, was from Lewis Recovery who are acting on behalf of CL Finance Ltd, giving a notice of assignment showing the debt was sold from Shopacheck to Cl Finance on 19 Feb, and demanding full payment of the debt by 4th March, otherwise they are authorised to take further action.

 

By requesting the full amount, and not just the arrears, doesn't that constitute a termination of agreement?

 

Have they managed to side-step the invalid DN by selling the debt, rather than enforcing it themselves then, even though Shopacheck, CL finance, and Lewis Recovery are all owned by the same company, Cattles?

 

Many Thanks again Rob for your thoughts on this, my mind is getting rather jumbled

[robcag]

Hi Rob, and many thanks for your reply.

 

Shopacheck issued the DN as scanned.

 

Then no further correspondance from them.

 

Instead, the next correspondance i recieved, dated 22 Feb, was from Lewis Recovery who are acting on behalf of CL Finance Ltd, giving a notice of assignment showing the debt was sold from Shopacheck to Cl Finance on 19 Feb, and demanding full payment of the debt by 4th March, otherwise they are authorised to take further action. And did this alleged NoA happen to be sent by Recorded Delivery by any chance? If not, they will be unable to prove it was sent in accordance with the requirements of section 136(4) of the Law of Property Act 1925, which means they cannot prove it was lawfully served, i.e. it is ineffective - UNLESS you have acknowledged the NoA in some way, e.g. referred to it in a letter to the enemy.

 

By requesting the full amount, and not just the arrears, doesn't that constitute a termination of agreement? Yes, AIUI, from what I have read in these forums. Someone else will probably be able to confirm that.

 

Have they managed to side-step the invalid DN by selling the debt, rather than enforcing it themselves then, even though Shopacheck, CL finance, and Lewis Recovery are all owned by the same company, Cattles? No. If by selling the debt on they have terminated the agreement, then they will have done so on the back of the defective DN.

 

Many Thanks again Rob for your thoughts on this, my mind is getting rather jumbled

 

Cheers

Rob

[dampriser]

Hi Rob,

 

No, the NoA was recieved through normal post, and I haven't acknowledged it in any way. Infact i've had no communication with Lewis Recovery.

[supasnooper]

I've merged your threads regarding this matter so all the info is one place and is easier to find.

[robcag]

Hi Rob,

 

No, the NoA was recieved through normal post, and I haven't acknowledged it in any way. Infact i've had no communication with Lewis Recovery.

 

Hi SC

 

Just my opinion, and someone else might have a better idea, but I'd be inclined to do nothing at all until after the 4th March deadline given by CL Finance for repayment in full, and definitely don't respond at any time to any letters which may have accompanied the NoA, otherwise that's as good as acknowledging receipt.

 

As is often said on these forums, give them enough rope ....

 

Then if they argue that the agreement was not previously terminated , if they take the action which they have threatened to take, that will show that the agreement has indeed been terminated (probably not the most logical way of putting it).

 

Of course, you don't know they are going to take action ... if you get my drift .

 

Cheers

Rob

[The GodMother]

Hi SC

 

Just my opinion, and someone else might have a better idea, but I'd be inclined to do nothing at all until after the 4th March deadline given by CL Finance for repayment in full, and definitely don't respond at any time to any letters which may have accompanied the NoA, otherwise that's as good as acknowledging receipt.

 

As is often said on these forums, give them enough rope ....

 

Then if they argue that the agreement was not previously terminated , if they take the action which they have threatened to take, that will show that the agreement has indeed been terminated (probably not the most logical way of putting it).

 

Of course, you don't know they are going to take action ... if you get my drift .

 

Cheers

Rob

 

 

Give them enough rope they will hang them selves.

 

I am in dispute with Shopacheck over a loan. Numerous times the agent did not come and collect l had no contact details for the local area office so i could not call them or send payment.

 

they have not had any money since 2005/2006 and lewis have just acepted a phone call, My Pre CAG days, to say in dispute. Not heard anything from them since.

 

Any way i agree with Rob CAG do nothing.

[dampriser]

Thanks for the advice guys,

 

I will sit and wait for their next move and will update here when it happens.

 

I've just found out i'm going to be a Grandad, so could do with a breather lol

[The GodMother]

Well congratulation on going to be a grandad, sorry hope that does not make you feel old.

[dampriser]

Hi all,

 

Today i received a letter from Howard Cohen & Co Solicitors - Notice of Pending Legal Action.

It states they have been instructed to prepare court papers for non-payment of debt, potential additional costs, and giving me one final opportunity to pay to avoid these costs.

 

I'm needing some advice as if to send a letter re: default notice defective, or to still wait?

 

If i am to send the letter now, can someone please proof-read or make suggestion to my letter in post #37?

 

Many thanks for the advice given to date, and time spent in replying.

[alfwithhair]

Cohen's preparation of court papers is throwing your file on to the next desk down the office.

 

DO NOT mention to them about the defective default or the notice of assignment.

 

I would leave them to their preparation, hopefully it will be 'preparation H' which will aid the insertion of their written drivel up their aristotle.