Wescot for lowells - old home shopping personal finance - Valid CCA?

[strike_back]

Hi,

 

after CCA'ing my creditors as per advice here in an earlier thread back in October one of my main DCA's (Wescot has responded - took them a while!)

 

They are saying they have sent me my original agreement as requested and have now passed the debt back to Lowell who they were collecting on behalf of?

 

is the CCA a valid copy?

The original creditor was HSPF (home shopping personal finance)

 

Not sure if i should get back in touch with Lowell and start arranging payments again or not

 

Any help appreciated as always, i have uploaded copy of what Wescot have sent me.. next steps for me?

file_1_pdf.pdf

Edited February 11, 2019 by dx100uk
spacing

[jon8214]

did they send you statements?

 

looks very short for a CCA but ill let those with more knowledge to comment on that

[strike_back]

Yes there are a few pages of payments made as well, should i upload those too?

[dx100uk]

think those T&C's are lacking somewhat IMHO

and poss not all the prescribed terms are there either.

 

tell us more about the history of this please and your payment history/

 

moved to the CAT forum and retitled for clarity

[Bazooka Boo]

No, that will be the statement of account which they are legally bound to send you annually.

 

IMHO I'd ignore for now until Lowlifes send you one of their begging letters.

 

Has anyone offered a discount?

 

Have you reclaimed any charges and PPI/fees back?

[strike_back]

Hi, thanks this isn't actually a catalogue it was a loan from a Company called HSPF i think they were something to do with RBS but the original loan was HSPF they are not a catalogue as far as i know.

 

I managed to make the payments for about 12 months then fell into a debt spiral, originally went into a DMP with Stepchange and then more recently with payplan.

 

To be honest i have just been making the payments into my DMP all these years until i found this forum.

I have uploaded the statements they sent me along with the alleged copy of the CCA, that is everything i received today from Wescot.

 

Any help appreciated not sure what i should do next.

s1_pdf.pdf

[jon8214]

I would leave it until you get anything from lowells

 

I take your last payment was in 2014 through the DMP? as that is the last date in the statements

[strike_back]

Hi no i stopped paying last year after they failed to comply with the CCA request.

[Bazooka Boo]

Hi no i stopped paying last year after they failed to comply with the CCA request.

 

Then let that remain.

 

UNTIL they do comply.

 

IGNORE everything less for a court claim, if they're silly enough to chance their arm.

[strike_back]

Thanks for the replying, do you not think the attached is a compliant CCA then, i guess it is just a case of waiting to see what happens next?

[dx100uk]

yes these were HBOS funded until just after that date when the cat company became their own finance company

[strike_back]

Hi,

Have received another letter from Lowells they say they are giving me until the 31/03 to get in touch with them and arrange repayments or they will start pursuing the debt once more. Based on the CCA in my original post should i get in touch and start paying them again or ignore? Really unsure what to do next...

Edited March 22, 2019 by strike_back

[dx100uk]

wetcloths don't buy debts 

and like all DCA's they are not bailiffs

and have 

zero legal powers.

 

 

[strike_back]

Sorry my mistake the letter is from Lowells who wescot were collecting on behalf of, Lowells have now taken the debt back from Wescot and are saying they have complied with my CCA request and to contact them by 31/03 to arrange payments or they will begin pursuing the debt again.

 

Should i contact them to arrange payment?

[AndyOrch]

Part of Lloyds Banking Group, providing loans predominantly for the catalogue customers of Littlewoods etc. 

 

" Have received another letter from Lowells they say they are giving me until the 31/03 to get in touch with them and arrange repayments or they will start pursuing the debt once more. "

 

Isn't that what there already doing ?  Ignore them.

 

Andy

[strike_back]

Yes but they are now saying they have complied with my CCA request (letter image in my original post) making the debt enforceable again...should i still ignore?

[AndyOrch]

Why not tell us a bit about the loan why  you defaulted on it ...was there a dispute with the original creditor etc...does it contain unfair charges...difficult to give advice just because they have sent you what purports to be a copy of the agreement...and an almost illegible copy at that.

 

Andy

[strike_back]

Of  course....

Originally the loan was from a company called  Home Shopping Personal Finance  (i think they were part of RBS) and was for 10k in 2008..

..i got into real financial difficulties when Northern Rock went under and my Mortgage deal was pulled and ended up defaulting on this and other loans in 2010

 

entered into a DMP with one of the debt charities,

i have been paying into that ever since and not missed any payments.

 

In November last year i found this site and decided to CCA all my remaining creditors based on the great advice given here.

.nearly all the debts have been passed on through various  DCA's over the years i have been on a DMP...

 

. Wescot were collecting this debt on behalf of Lowell's but passed back to Lowells after receiving my CCA request..

.Lowell's have sent me what they claim to be a valid CCA (in my first post) and  a payment history (6th post down) and are now saying the debt is enforceable again due to valid  CCA being provided and to arrange payment with them before 31/03 or they will take things off hold and  begin pursuing me for payment again....

[London1971]

Just to let you know, that I received a CCA from Lowell, that was blurred, just like yours.  I wrote to them  with this piece of CCA Legislation.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/422707/bis-10-1053-consumer-credit-directive-guidance.pdf

 

17.33 The agreement must be in writing and must contain the specified information. This must be clear and concise, and must be easily legible and of a colour which is readily distinguishable from the background medium.

 

I just qouted them the above legislation, and told them what they had sent me was illegible, and as a result unenforceable. They wrote it off and removed it from my credit file.

 

I know letter tennis isn't recommended on this site, but it worked for me !

[AndyOrch]

And your currently making payments to Wescot ?....who have now been removed from the equation 

[strike_back]

6 minutes ago, Andyorch said:

And your currently making payments to Wescot ?....who have now been removed from the equation 

 

Hi, no i removed Wescot from my DMP when they fell outside of the time limit to provide me with a valid CCA request in November, so i haven't paid anything towards this debt since November.

 

And yes Wescot are out of the equation now as passed back to Lowells

Edited March 22, 2019 by strike_back

[strike_back]

9 minutes ago, London1971 said:

Just to let you know, that I received a CCA from Lowell, that was blurred, just like yours.  I wrote to them  with this piece of CCA Legislation.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/422707/bis-10-1053-consumer-credit-directive-guidance.pdf

 

17.33 The agreement must be in writing and must contain the specified information. This must be clear and concise, and must be easily legible and of a colour which is readily distinguishable from the background medium.

 

I just qouted them the above legislation, and told them what they had sent me was illegible, and as a result unenforceable. They wrote it off and removed it from my credit file.

 

I know letter tennis isn't recommended on this site, but it worked for me !

Thanks for the info that's really interesting, i have noticed a lot of the wording is missing as crops off the edge of the page so i definitely wouldn't say it is fully legible at all and is also very blurry......

[AndyOrch]

I see.... Im clearer now on why the question of enforceability arises.Well in my opinion what they have provided is questionable but possibly enough to attain a judgment...also  you must be aware that as the amount in question is quite considerable should they litigate this will go Fast Track.....risky for you but also expensive for the claimant to litigate on and not be guaranteed recovering its costs should their claim fail.

 

I suppose the question for you and deciding your next move is how imperative that you avoid a CCJ ?

 

Andy

[strike_back]

6 minutes ago, Andyorch said:

I see.... Im clearer now on why the question of enforceability arises.Well in my opinion what they have provided is questionable but possibly enough to attain a judgment...also  you must be aware that as the amount in question is quite considerable should they litigate this will go Fast Track.....risky for you but also expensive for the claimant to litigate on and not be guaranteed recovering its costs should their claim fail.

 

I suppose the question for you and deciding your next move is how imperative that you avoid a CCJ ?

 

Andy

Yes it is very imperative i avoid a CCJ if at all possible.....thinking i should just add them back into my DMP now or wait to see what they do next?

[AndyOrch]

Or make an offer to Lowell and agree a new monthly payment plan...much reduced to what you have been paying...which is manageable and affordable and forgettable 

 

Its all very well us telling you yes its enforceable or unenforceable and illegible...a Court may have a different opinion...and you lose with substantial costs (Fast Track)

 

Andy