Lowell Claim Form Received :(

[IslandScott]

Hi Amethyst

The agreement is around ten pages long and is titles 'Credit Agreement Regulated by the Consumer Credit Act 1974' and it does mention shop direct on there yes.

The screenshot has ' Woolworths Account transferred to very' written on it. ( Not sure what woolworths has to do with it )

There are a couple of other letters included also stating that lowell are the new owners of the account etc.

It has the default date as 09/02/2017, what do i check that against please ?

Ive received another letter in the last few days and I have attached a screenshot. Does it mean they are willing to arrange a payment plan without me receiving a CCJ ? should I contact them about that ?

Thanks again for your help.

Scott

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[Amethyst]

Grrr just deleted what I wrote by accident. It was probably gobbledegook anyway lol.

Basically - can you do a pic of the screenshot - blank over your name/address/ acc number - leave dates etc on it.

And a pic of the first page of the agreement pls.

[IslandScott]

Hi Amethyst

I cant remember ever going on a woolworths website, pretty sure I didnt. It doesnt mention woolworths anywhere in the agreement that i can see no.

On the screenshot it says :

180117 Section 87 default notice sent ( i presume the numbers are the date ? )

It also says 130615 woolworths account transferred to very

Thanks again,

Scott

[IslandScott]

Il attach the screenshots in a sec, thanks.

[Amethyst]

okay those dates add up don't they.

Woolworths - it would have been for Christmas presents for kids at a guess ( dec 2009 ? ) ... any transactions showing on the screenshot ? any transaction lists at all ?

For that to go up to £2800 debt though - I know the interest is insane on those accounts but.... did you use Very later on ( so between 2015 and 2017 )?

I wonder if you had a one of purchase on credit account in 2009 that got paid off and the account left open so when you went back to buy something from Very after 2015 it linked your old woolworths account over ?

[IslandScott]

Hi Amethyst

There is a transaction list for the last 3 years which add up to approx that amount. Nothing showing from before 22/06/15. thats when i started using it i guess.

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[Amethyst]

SO last payment was July 2016 ( £75 ) but they didn't send a default notice till 18/1/17 ... which would have had to give until around 3rd Feb to rectify ( 14 days plus 2 for service) before it actually defaulted - claimant has given 9/2/17 for default date and 10/2/17 for date of assignment - that seems pretty speedy to me but there were 6 months before the default notice was sent after the last payment so it could just be getting ducks in a row before assignment. There does seem to be an adjustment on 10/2/17 as well of £217.70 .... and I think L/Stat 5/2/19 could be their future 'statute barred' date ( which the claimant has met of course ) or last time they printed a statement off maybe. Last Order placed in June 2016 of £500 odd.

The agreement is Shop Direct Finance Company Limited which is correct for who the Woolworths finance would be with in Dec 2009.

Not looking great I'm afraid everything so far seems to add up apart from remembering if you used Woolworths originally - can you search your emails for woolworths maybe ( if you don't clean your email inbox out there might be something confirming an order etc) .... otherwise a case of checking if that agreement is from 2009 or 2015 - your address/email address etc is correct from Dec 2009 ? The interest rate hasn't changed for a long time and default / late charges have been the same since 2006 so tricky to tell... last 10 years agreement have very little difference between them.

Your priority is avoiding a CCJ I believe so while you do still have a copy of the default notice outstanding and queries over the agreement it might be worth trying to negotiate some kind of reduced settlement or installment.... it's always tricky to know when to go to negotiation in these cases but you have to look at the big picture - are they likely to evidence the case overall and could they win in court ?- so far it seems the answer could be yes.

[Amethyst]

Sorry that's a bit of a ramble.

[IslandScott]

Just to update anyone who maybe reading this. I entered a Tomlin order for £5 a month and have avoided a CCJ so Im happy