7 days to respond to Lowells - catalogue debt

[grebo18]

Hi all,

I am new here so I hope I am doing this right!

I have an ongoing dispute with Lowells over a catalogue debt.

It is not statute barred as it is only 3 years old.

 

I sent the standard CCA letter to first of all Scotcall along with £1 postal order which they returned a week later saying they were referring it back to the client.

2 weeks later I had a letter from Red Collections ( Lowells) demanding payment.

 

I again sent a CCA request and £1 PO, 2 weeks later I had a letter from Lowell saying they had applied for a copy and were waiting to hear from their client.

 

I allowed them 17 days and as I heard nothing

I sent them the CCA failure letter to which they replied that they were still trying to retrieve the CCA and would not remove my data although they did not demand payment.

 

Today I have received a letter and what they call a "reconstituted" CCA which is basically a blank CCA and they state that

" under section 77/78 of the Consumer Credit Act of 1974, we are not obliged to send you an exact copy of your signed agreement.

We are required by those sections of the Consumer Credit Act 1974 to provide you with a reconstituted copy of the version you would have signed."

 

They seem to think they have upheld their obligation to me by sending this and are now demanding payment within 7 days.

 

Has it come to the end of the line now and should I just pay or is there anything else I can do??

 

I don't for one second think they have fulfilled my request for a true signed copy of my CCA from my creditor as what they have sent is blank.

 

What do I do now? I have 7 days to reply before they come knocking again!

[Sidewinder]

A creditor is allowed to 'reconstitute' a credit agreement in order to enforce it, but it must still contain all of the details which would have been contained within the original agreement, together with the T&Cs which were in force at the time of any such agreement.

 

Others will know far more than I, but from what you have said, I think that you still have grounds to challenge what they have sent as being a correct reconstituted CCA, although in very general terms, the days of simply being able to claim unenforceability on the grounds of a 'true' copy not being provided are now gone after courts clarified the position on agreements and unenforceability.

[theghost]

The OFT have a very long document that explains what a DCA must provide under a S77/78 request. I recommend you read it.

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

 

What is the dispute exactly?

[grebo18]

Hi Sidewinder,

Thanks for replying so quickly. The only problem I have now is that I don't remember ever signing a copy of such a form in the first place, the one they sent me has no signature on it, and are there any other templates that I can send that may help get them off my back once and for all?

[BASFORDLAD2]

Ignore the clowns 7 days threat. It just means your next threat letter from the threatogram will get printed!

[Jasper1965]

A recon must include your name and address at the time you took the agreement out, a blank form obviously does not so it's a big fail as it hasn't even met the quite lenient criteria set out by Judge Waksman. Tell them they've failed, don't tell them why just refer to "the recent court rulings and oft guidance on these matters".

If you want to upset them then ask how they have reconstituted a copy when there never was an original agreement in existence to copy or reconstitute and then ask them if a valid default notice was issued and if so upon what date, what was the date for remedy and what was the default sum?

[grebo18]

Hi the ghost,

Thanks for your reply and for providing the link. I have now read the OFT guidelines to what a CCA must include and understand most of it. I have just looked at what they sent me again more carefully and realise they have sent 2 copies, one is dated 2008 and says recon copy and includes everything it should and the other is dated 2010 and says current but does not include my name or address. I am now confused by this and unsure what the 2010 one is supposed to be. Is it an updated version perhaps?

[dx100uk]

moved to the catalogue forum

 

most cat co's your 1st order IS your agreement as its on line

 

they will send an agreement for you to sign and return,

 

i'd check your cra file

if it shows, then i'd not really bother trying to wriggle.

 

there will be statements. orders, and a clear financial link

 

with what they have sent, you dont stand a chance with a judge

trying to wriggle out of this using 'paperwork ' errors.

 

and anyway, thats not what CAG is here for - debt avoidance.

 

now

 

90% of cat debts are littered with £12 penalty fees for

letter/debt management/phone/late/over

 

i'd sar them

 

 

how much do you owe?

 

dx

[Mr Worried]

Hi dx

 

That is a nice cultured reply with great advice. Take note 18.

 

Mr

[Happyhippy1959]

Grebo

A lot depends on the date you took the Credit. if it is pre-2007 they will need the original to enforce in court. I am in a position myself with Cabot who cannot find the original for three of mine and they have written to say that they can't enforce but can demand.. ( Big difference ) Now post 2007 agreements and all that is needed is to link certain evidence to the debtor and bingo CCJ..... i.e statements showing payments and goods purchased is good enough. ( Bankers and DCA's cosying up with Government to change goal post.

 

Now if yours is pre-2007 you must see priority ones Consumer protection from unfair practices and court protocol threads she has done.

If it is pre 2007 you can write and demand they tell you if the original exists and why they have not copied it and sent it to you..

 

Three out of my four disputed accounts I only received a blank application form with new terms and conditions,

as soon as I asked them if the original existed they said they would get back to OC and try and find it.

That was May 2011 July 2011.

 

Now I have always paid me agreed repayments with OC's but as soon as they sell them on I hit em for a CCA.

These clowns have purchased for peanuts and it puts me in a better position to knock em down.

 

Now one case is a 1993 YB visa card, never did I sign for it, it just appeared on my door mat for being a good customer.

Now outstanding balance £1,890 odd, I have offered them a full and final of £150 as they have no paperwork..

. letter back saying they will consider...

Now I have given them 14 days to decide or the offer goes and I await six years for it to drop off.

 

Oh and don't worry, they will not be knocking on your door.

Just consider the date of your credit and if it is pre 2007 and they think they are above board why oh why have they not just copied your original ????

[dx100uk]

cat debts are slightly diff hippy.

as i've explained already

dx

[Happyhippy1959]

cat debts are slightly diff hippy.

as i've explained already

dx

 

Silly me, yes u are correct. Up to me neck sorting ex-Mrs Hippyscdebts out.