Help with Lowell Portfolio 1 / Shop Direct

[fitnesspt]

Hi there

I have been having dealings with Lowell Portfolio 1 group regarding an unenforceable debt with shop direct, I had previously requested the CCA with littlewood-very-ndr-shop direct (the many a channel they have!) to which they replied with a NON signed copy of said agreement. Just my name and address as filled out by myself, the signature on behalf of littlewoods and NO signature by me, I then replied to the letter they sent me advising that what they sent to me does not fulfil the requirements set by the consumer credit act to be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account therefore putting the account in legal dispute (letter I sent privided by another CAG).

I then received a letter from the Lowell. Portfolio 1 stating they had bought the debt off shop group, much to the likes of the letter above.

I then sent this letter to Lowell

ACCOUNT IN DISPUTE

 

Date:2nd November 2010

 

Dear Sir or Madam,

 

Account number:

Your reference number:

I am in receipt of your letter dated 22nd October 2010

 

This account is in dispute with Shop Direct Finance Company Limited and has been since the 9th September 2010.

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My previous dispute from 9th September 2010 has NOT been answered.

 

As Shop Direct Finance Company Limited are now in default of my Consumer Credit Act agreement request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the Shop Direct Finance Company Limited for resolution of these defaults and breaches, as Lowell Portfolio I ltd cannot lawfully pursue any enforcement activities.

 

If Lowell Portfolio I Ltd chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines.

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

They sent a letter acknowledging my letter and advising they will be in contact once they hear from Shop Group (which I received Christmas Eve, letter dated 23rd Nov, post mark dated 23rd Dec!)

I have now received a letter from Lowell dated 13th April '11, post mark 19th April'11 stating.

Thank you for your recent enquiry regarding the Shop Direct account.

Your comments have been noted and after corresponding with the original creditor, Shop Direct, we can confirm we have reached an outcome regarding this matter.

Shop Direct have checked their records and have confirmed that they have no record of any previous disputes being raised with them.(which they did receive as my letter was sent recorded delivery)

However they are aware they received a request from you on the 9th September 2010 for a copy of the credit agreement and they were unable to provide this.

We trust this now resolves your query and look forward to hearing from you to discuss repayment. If we have not had contact over the next 14 days your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding this account.

your sincerely

Samantha Barnard.

.......First off I know that Shop Direct received my letter placing the account into legal dispute, they’ll know that hence why the alleged debt was then bought by them.

What should I now send to the "charming" Lowell Portfolio1 advising them to P**S off?

Your response is greatly received

[Revenant]

Hi fitnesspt

 

Can I suggest you click on the triangle at the bottom of the messages and ask the Site Team to start your own thread, that way you'll get more replies as this post has been signed off as "Won"

 

Regards

 

R

[maroondevo52]

Hi, fitnesspt.

 

I have started a new thread for you, please continue to post here with regards to this issue.

 

Thanks,

 

Scott.

[maroondevo52]

Bump

[fitnesspt]

hi maroondevo52,

 

umm bump??

[Bazooka Boo]

"Bumps" you back to the top of the pile so others will see it and advise.

 

IMO it will be a complete waste of your valuable time effort & energy to continue playing this tedious game of letter tennis, make a copy of that letter along with what you received in reply to your CCA request, file it away in a safe place, (Under Ignore) and get on with your life.

 

The ONLY time you need be concerned is if you receive court papers, which you won't because Lowlifes don't do that. The best way to stick two fingers up at them is by ignoring them, as this really irritates their threatomatic computer and it goes into overdrive sending you the same letters on a constant cycle of puerile deforestation.