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K&co Advice on 10K Kandco Debt now passed to Lowells.

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  • Re: Advice on 10K K&co Debt now passed to Lowells.

    Amethyst if your around would you mind giving me some idea of what wording to put in a letter to lowells, the last one you did was great. If I word it, it will sound ridiculous, I really don't want a claim form dropping on the mat! Thank you x

    Comment


    • Re: Advice on 10K K&co Debt now passed to Lowells.

      :bump: :scared::scared::scared::scared::scared::scared: anyone!

      Comment


      • Re: Advice on 10K K&co Debt now passed to Lowells.

        This should help............



        _____________________


        Dear Sir/Madam,

        You are aware that I have now made requests under Section 78 of the Consumer Credit Act 1974 to both the opriginal creditor and your company.

        It is my position that following these requests, neither Lowells or the original creditor have complied in the manner required by statute, and that as such you are not entitled to enforce the debt at law.

        Accordingly, no payment for the alleged debts will be forthcoming and unless you can show a copy that would enable enforcement in court (when giving due consideration to Section 127(3) of the Consumer Credit Act 1974), I require you to immediately cease your attempts to collect this alleged debt.

        Any further threats of court action or related enforcement will be duly noted and reported to the relevant authorities, to include, but no be limited to, the OFT.

        Comment


        • Re: Advice on 10K K&co Debt now passed to Lowells.

          Hi,

          they are ttelling fibs now

          They would be fully aware that the changes to S127(3) dont apply to agreements taken prior to April 2007 and yours is 2006, right?

          Comment


          • Re: Advice on 10K K&co Debt now passed to Lowells.

            I'd add a little to that



            Dear Sir/Madam,

            You are aware that I have now made requests under Section 78 of the Consumer Credit Act 1974 to both the original creditor and your company.

            It is my position that following these requests, neither Lowells or Shop Direct have complied in the manner required by statute, and that as such you are not entitled to enforce the debt at law. The ''copy'' agreement you have sent me appears to be a reconstruction of a document which I have never seen before, it does not contain my signature nor the creditor signature, does not carry my details correctly and as such is improperly executed. It is the case under the Consumer Credit Act that the discretion of the court cannot be exercised when considering improperly-executed agreements under s.65(1) of the CCA 1974 in relation to agreements executed prior to the 6th of April 2007.

            Accordingly, no payment for the alleged debts will be forthcoming and unless you can show a copy that would enable enforcement in court (when giving due consideration to Section 127(3) of the Consumer Credit Act 1974), I require you to immediately cease your attempts to collect this alleged debt.

            Kind regards
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • Re: Advice on 10K K&co Debt now passed to Lowells.

              OOps,

              Sorry Ame, didnt see yours when I posted


              Removed mine as yours looks the best
              Last edited by ncf355; 10th March 2014, 12:28:PM.

              Comment


              • Re: Advice on 10K K&co Debt now passed to Lowells.

                yes thats right opened 2006

                Comment


                • Re: Advice on 10K K&co Debt now passed to Lowells.

                  Thanks both of you, I will get that written up today and send by recorded delivery tomorrow. Will let you know when I get a reply x

                  Comment


                  • Re: Advice on 10K K&co Debt now passed to Lowells.

                    Hi help needed again please!!. I sent the letter to Lowell and also added that as the account with Shop Direct was in dispute it should never have been passed on to them. I then received a reply from Lowell stating that they were going to look into my complaint and would get back to me with their findings within 8 weeks. They then wrote back at 8 weeks saying they were still investigating and needed a little more time. I have now receive another letter this morning which is 10 weeks. They state that under section 77/78 they do not have to supply me with a true copy of a signed credit agreement and are within their rights to send me an unsigned recon!! even though the account was opened 2006.

                    Unfortunately for me they have now come up with a signed buy now pay later agreement for goods totaling £500 from 2008. I really dont remember signing it but it is my signature!!.
                    Dose this now mean they've got me by the short and curly's or is that no different than me signing for the goods when they came to my door?? still no signed credit agreement. They have given me 28 days to give them my payment proposal or the account will be returned to their collections department. I am really really worried now!!!!.
                    I dont understand that if shop had this why didn't they take me to court rather than selling the debt, and why has it taken Lowells so long to come up with the document. Please help all advice welcome, what should I write back in my defense?? if any many thanks x

                    Comment


                    • Re: Advice on 10K K&co Debt now passed to Lowells.

                      Originally posted by vonny1 View Post
                      Hi help needed again please!!. I sent the letter to Lowell and also added that as the account with Shop Direct was in dispute it should never have been passed on to them. I then received a reply from Lowell stating that they were going to look into my complaint and would get back to me with their findings within 8 weeks. They then wrote back at 8 weeks saying they were still investigating and needed a little more time. I have now receive another letter this morning which is 10 weeks. They state that under section 77/78 they do not have to supply me with a true copy of a signed credit agreement and are within their rights to send me an unsigned recon!! even though the account was opened 2006.

                      Unfortunately for me they have now come up with a signed buy now pay later agreement for goods totaling £500 from 2008. I really dont remember signing it but it is my signature!!.
                      Dose this now mean they've got me by the short and curly's or is that no different than me signing for the goods when they came to my door?? still no signed credit agreement. They have given me 28 days to give them my payment proposal or the account will be returned to their collections department. I am really really worried now!!!!.
                      I dont understand that if shop had this why didn't they take me to court rather than selling the debt, and why has it taken Lowells so long to come up with the document. Please help all advice welcome, what should I write back in my defense?? if any many thanks x
                      Ok lets dispell some myths here,

                      They are correct, under s77 to 79 Consumer Credit Act 1974, they do not need to send you the signed agreement. They are required to send a true copy of the original, but thats not the right question to ask or to answer.

                      If youre challenging s78 then youre looking through the wrong end of the telescope.

                      The question to ask first is this.

                      Did you sign an agreement which complied with the Consumer Credit Act when you opened the account. If you didnt, then there can never be a recon of a non exsistant document can there? Indeed if you read s78 CCA 1974 properly you will note the words (If any) which means exactly that, if there never was an original there can be no copy of it.

                      So, first things first, how did you open this account?????? By post? by Phone? by online transaction??
                      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                      If you need to contact me please email me on Pt@roachpittis.co.uk .

                      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                      You can also follow my blog on consumer credit here.

                      Comment


                      • Re: Advice on 10K K&co Debt now passed to Lowells.

                        Hi thanks for the quick reply, no I never signed a credit agreement so I know they can't possibly have a copy of it but they state that shop direct wouldn't of let me have the goods had I not signed one, therefore I must of signed. One they just don't have it anymore. I opened the account in 2006 via the telephone. I was sent a credit agreement but never signed it. I'm just worried now that they've come up with signed buy now pay later document that will be enough for them to take me to court!. Worried sick.com. X

                        Comment


                        • Re: Advice on 10K K&co Debt now passed to Lowells.

                          Shop direct et al used to just send out goods without a signed credit agreement, so they are talking complete bolllux.

                          Lowells know that, but hope you don't.

                          Comment


                          • Re: Advice on 10K K&co Debt now passed to Lowells.

                            Hi, oh I know that because they did!!. Can someone advise me what to write back to them please. Can they take me to court now they have a signed buy now pay later or am I still in the driving seat?? Confused, many thanks x

                            Comment


                            • Re: Advice on 10K K&co Debt now passed to Lowells.

                              Originally posted by vonny1 View Post
                              Hi, oh I know that because they did!!. Can someone advise me what to write back to them please. Can they take me to court now they have a signed buy now pay later or am I still in the driving seat?? Confused, many thanks x
                              They can sue anyone, i could issue a claim at the County Court against Lord Admiral Nelson or Ghengis Khan, doesnt mean i have a viable claim or that they owe me money or that my contracts valid. That is a question of fact for a district Judge to decide.

                              So yes they can sue you, thats not the question though is it, the question is, do they have a viable claim and do you have a viable defence.
                              I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                              If you need to contact me please email me on Pt@roachpittis.co.uk .

                              I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                              You can also follow my blog on consumer credit here.

                              Comment


                              • Re: Advice on 10K K&co Debt now passed to Lowells.

                                I'm so bogged down with it all I can't think straight!! I don't know the answer to either question that's what I need help with x

                                Comment

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