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

[vonny1]

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

hi I have been trying to upload the images on here for the past hour but with no luck im afraid, im a complete idiot when it comes to things like that!!. Itook the pics with my phone and uploaded to my computer but when i try to upload the pics are to large and I just cant work out how to make the file smaller!!> Anyway as I said the account was not opened on line and I have had some advice that because the account was opened in 2006 a recon wont wash anyway. is this correct??. Also I opened the account in my maiden name as I didn't marry until 2007 and its my name now that they've written on the agreement!! so in terms of the agreement should be the same as when you opened the account, its not if you know what I mean. Is there something I can write back to them to sort of say your going to be wasting your time taking me to court??. I would like to avoid that claim form dropping on the mat at all costs if possible, thats what I'm really scared of!!! Thanks for all your help and advice, Its really appreciated x

[Amethyst]

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

emaill them to me if you like and I'll sort them and post them up xx admin@legalbeagles.info

[vonny1]

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

Thank you, I'm sending them now x

[Amethyst]

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

Documents attached

[Amethyst]

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

Is that all they sent you, the one page?

If that is it from 2006 then no they have not complied and can't enforce the debt. And saying it is in your current name and address when you opened the account in your maiden name is just a bit of a pathetic attempt.

Will find a letter for you to tell them to do one.

Dear Sir/Madam

Re: Request under s78 of the Consumer Credit Act 1974.
Shop Direct Account Number XXXXXXXXXXXX

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, as I am sure you are aware, this does not fulfil your requirements under the Consumer Credit Act 1974.

The supplied documentation does not constitute a true copy of a credit agreement and the generic copy of an agreement that you have sent appears to have been constructed using the current details you hold on file. The document that you are obliged to send me is a true copy of the executed agreement that contains all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of the Consumer Credit Act 1974 and subsequent Statutory Instruments.

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

You should also send me copies of the current terms and conditions applicable to this account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. A reconstruction is not acceptable.

I will not be making any further payments to you until you provide me with the documents I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

[vonny1]

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

Thank you very much I will get that copied up tomorrow. As they have already sent me a letter saying Shop Direct do not have a signed credit agreement from me, should I enclose a copy of their own letter to?? many thanks x

[vonny1]

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

Hi just received a reply to my letter from Lowells, it reads as follows;



On the */* 2014 we have provided you with a true copy of the credit agreement that was signed in your name and to which a credit facility was extended to you. Detailed account statements were also sent to evidence the credit used by you under the facility.

Whilst we recognise the copy agreement supplied did not include your signature we are still able to issue court proceedings and it would be for the court to determine whether the customer signed an agreement or not. It should be noted that our clients procedures not to grant credit without the customer signing a credit agreement.

Since April 2007 the court has discretion to decide whether any amount is properly payable taking into account all the circumstances of how the debt accrued and whether the agreement was improperly executed.

As the debt remains outstanding and we have complied with our obligations under section 78 we are able to continue to request repayment and record the default on your credit file.

However we would prefer to try to resolve this matter amicably and now hope that we can look to agree a mutually satisfactory payment plan that you can afford based on you current financial circumstances to repay the debt currently claimed. yours sincerely bla bla.....


They seem to contradict themselves a bit, they say they have sent me a true copy, but in the last letter they said it was a recon, and then they say well it didnt include your signature but we can still take you to court. I thought a true copy must include a signature?. Any advice on what I write back would be greatly appreciated!!! many thanks x

[vonny1]

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

I don't believe it, I've just received another letter from Lowell stating that they have sent me everything I required and they haven't heard from me!!!. If they haven't received my payment proposals within the next 7 days they will put my debt into the hands of their collections department!!. I only received their letter yesterday, how could I possibly of replied already!!.:tinysmile_aha_t:. Some advice would be greatly appreciated before I go out of my mind, many thanks x

[vonny1]

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

Bump!!!!!!!!!

[vonny1]

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

Anyone, some advice would be greatly appreciated x

[mystery1]

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

They haven't complied because the name and address are required.

You can write back and tell them which is best if you expect it to go to court (i wouldn't tell them your maiden name though) or ignore it if uou're going for statute barred.

M1

[vonny1]

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

The so called recon did have my name and address on but no signature or account number, date etc. I have just received yet another letter this morning that's one every day this week nearly!! It says that most people don't have to pay council tax and water rates for Feb and March so that's an average saving of £150 so I should use that as my first payment to them!!!! Are they having a laugh!!!. I really don't want to go to court if it's at all avoidable!!. Is there something else I can write back to them?? Many thanks x

[mystery1]

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

hi I have been trying to upload the images on here for the past hour but with no luck im afraid, im a complete idiot when it comes to things like that!!. Itook the pics with my phone and uploaded to my computer but when i try to upload the pics are to large and I just cant work out how to make the file smaller!!> Anyway as I said the account was not opened on line and I have had some advice that because the account was opened in 2006 a recon wont wash anyway. is this correct??. Also I opened the account in my maiden name as I didn't marry until 2007 and its my name now that they've written on the agreement!! so in terms of the agreement should be the same as when you opened the account, its not if you know what I mean. Is there something I can write back to them to sort of say your going to be wasting your time taking me to court??. I would like to avoid that claim form dropping on the mat at all costs if possible, thats what I'm really scared of!!! Thanks for all your help and advice, Its really appreciated x

You said it has your married name but it was opened under your maiden name. Clearly that is not a true copy.

M1

[vonny1]

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

Ah I see what you mean!! What should I put back to them? I know they haven't got a true copy because I never signed one x

[mystery1]

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

Either nothing or i never signed an agreement and that's not a true copy.

M1