Lowell’s letter of intent

[Amethyst]

Yip I'd second giving the court a call about the directions questionnaire- Lowell do tend to fill one in and send it in advance of being asked to by the court. However it could be yours has gone astray in the mail so best to check to put your mind at rest.

[hawaiiqueen]

Hi thank you so much for your reply,,and advice, I will contact the court today,,
also as Lowell’s have not complied to the cca or cpr within the timescale is their nothing I can do to bring that into force,, ie a template letter of some sort,,
i asked for cca and cpr 30th April., and it is my defence on court papers..
thanks again for your help,and advice..
cheers.

[hawaiiqueen]

Hi all again,, hopefully this will be coming to an end, but I am unsure as what to do regarding directions questionnaire, as it says before agreeing to mediation it asks have you got all the necessary paperwork,, which I haven’t, as surely I should have had the cca and cpr31.14 response from Lowell’s regarding paperwork or documents, as this is my defence,, so how do I tick yes for mediation when I not received requested documents,, can I enclose a letter informing the court of such.

please help,,I have looked at other threads, but they not mentioned about having the paperwork before agreeing to mediation.
so sorry I don’t mean confuse things, just want to get it correct.
thank you to, you all.

[hawaiiqueen]

Well believe or not this case is still ongoing, so as a recap, I had not received response to my requests, heard nothing, from Lowell’s or the court, then low and behold in July they come up with all the documents I requested back in April , Lowell’s tried to get me to make a offer, nothing from the court at this point.
i did not contact Lowell’s and now all of a sudden last month I got a notification that the it was going to the judge in my local court, to which the judge has stayed the claim and given Lowell’s until feb 10 to provide the said documents or it will be struck out..
Now my question is, I now know that they have the documents to,present to the court, and the payments I made show I have paid well over double for the appliance with charges.
Can I not submit this fact the amount I have already paid to the court as a further defence, or am I too late.
or should I just make an offer,, which means I would have paid £700 for a £199 machine..

Any advice as always greatly appreciated
cheers

[MIKE770]

wait do not panic lowells if normal will discontinue at the last minute? or the judge will strike out claim see what others have to say = do not over think?

[hawaiiqueen]

Hi again,
does now seem Lowell’s are going ahead, as I have received a letter from them, stating that as the Judge ordered, they have submitted the documents to court ie credit agreements and assignments notice before the deadline, and pointing out my defence is therefore without merit, and have offered for me to make a offer of payment, or payment arrangement before it goes to hearing.
so my question is,, does it look like they are proceeding..?
Also the credit statement is showing that I have more than paid for this item,, with charges, Will the judge take this into consideration and is it too late to write to the court pointing all my payments more than paid for the item.?

cheers and thank you for your help.

[Amethyst]

Have they sent you the credit agreement, default notice and notice of assignment?

[hawaiiqueen]

Hi and thank you,
Yes they sent me the agreement and default notice, assignment after the initial deadline of questionnaire directions form, so all went quiet for 3 months no word from the court or Lowell’s, until this a letter from court and judge xxx giving Lowell until feb xxx to put documents into court,,which it now seems they have.
Or HAVE THEY?
they also mentioned if it goes to hearing they will be claiming extra cost for wasting court time on the grounds of my defence not having any merit... mmmm??
so do you think I should be looking at making a offer as I may want to apply for a mortgage this year.

cheers and thanks again. Would never have done this without you xxx

[Amethyst]

Can you do pics of the documents and email them to me ? admin@legalbeagles.info

also the judges order to provide docs pls xxxx

[Amethyst]

Got them thank you xx

[Amethyst]

Okay.... well it does add up.... and yes there are a lot of charges.

£192 of charges
£81.46 interest ( interest rate appears to have been 54.9% (on the agreement ) )
£229 original purchase
£13.90 delivery

Total - 516.36


Payments made - 328.97

'debt' - £187.39

a payment was made every month 6/7/8/9/10/11 missed 12 / 1 made 2/3/4/5/6/ missed 7 made 8

so 3 months ( dec, jan and then august) missed payments.

presumably the other payments were the minimum payment that was missed. It actually says scheduled payments are £5, and it defaulted Jan 2017 so possibly a further 5 months missed payments. Minimum payment was £5 or 7% in the agreement.

£12 * 3 is £36 for those missed payments, then the missed payments until default 5 * £12 = £60 = so that's £96 ... I don't know where the other near £100 of charges have come from.....

Get a SAR off to Very asap. - they will accept a SAR request from a phonecall but this is the letter if you prefer to post.... https://legalbeagles.info/library/gu...ccess-request/

You want a full breakdown of the account from inception to show what was due when, what was paid, and what the charges were that were added.

Right of Access


This is known as a Subject Access Request. If you want to know if we are processing personal data relating to you and to have access to any such personal data you can call our Customer Services Team on Freephone 0800 092 3355

Now VERY is ShopDirect and you'd expect there to be the 'Take 3' or years free interest type deal going on.

Ahh here... and the screenprint doesn't actually show what option was selected when the purchase was made ( that should show up in the SAR response - or you could ask VERY if they can check on their system etc )


2019-02-13 14_53_56-Start.png
2019-02-13 14_53_40-Start.png
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They haven't actually included the Default Notice, but 'evidence' of when it was sent and they will provide a 'template' if pushed so I don't think there's anything there.

It is a nice order from the Judge - just a pain they managed to comply.... in reality that the goods have been paid for twice over once the debt is cleared will be of no consequence, the interest rate is high but not completely bonkers. There should be a breakdown further of the actual charges added to the account to see how it did end up so high, but more for your own satisfaction/annoyance than for court.

[Amethyst]

Sorry that was a bit rambling....

Yes the amounts do add up - there may be a query on how the charges ramped up/on what terms the item was purchased initially. That the washer had ended up costing double the price, sadly, is just how these catalogues work.

They have provided the documents ( other than default notice, but they have evidenced it was sent and will only need to disclose a template with the dates and amounts in for the court )

They are likely to succeed if you go to a hearing so, personally, I think I would use the lack of breakdown of those charges, and lack of actual default notice, as a negotiating point to try and settle out of court for a reduced sum before they make an application to lift the stay and proceed.

[hawaiiqueen]

Thank you so much,, you have worked really hard for me,, so have not already applied for the stay to be lifted, however I will take your advice and offer them some form of payment.
woul a get a bigger reduction if a offered a lump sum rather then a reduction on the monthly,,
sorry to be a burden had you have really helped me already
thank you and cheers again!!

[Amethyst]

A lump sum normally gets a better discount, but only do it if it is affordable ! and make sure anything is agreed in writing before make a payment. If they won't discount to a lump sum, try for installments, but ensure any arrangement is made on the grounds the claim remains stayed and is withdrawn after the last payment is made.


I know it feels really unfair, but it's not an amount worth having the credit file burgered up for 6 years on a principle ( sadly) xxx