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

[pt2537]

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

Ok straight answers

Can they sue you? YES.

Can you defend the Claim? Thats what you have to think about, Law is not easy if you dont understand it and understand the legal arguments youre using. Its no different to plumbing or building etc, it requires knowledge.

You may be able to defend a claim against you i dont know for sure.

What i would say to you is this, you need to make sure you answer any pre action letters and use your rights to documents under the pre action protocol. you are entitled to see any documents that they will be relying on before they issue a claim. If they refuse to supply these documents then you can take issue with this under the protocol.

i appreciate its not easy but that is life im afraid.

[vonny1]

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

Not quite sure what your saying. I want them to think I know what I'm talking about!. So what can I write to them now as they are now waiting for my reply to their letter?????. If they really thought they had a valid case wouldn't they have done something about it by now rather than playing letter tennis?? I thought from the advice on here that I had a pretty good defence as they have no credit agreement and the account was opened in 2006, is this no longer the case??. Many thanks x

[pt2537]

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

Not quite sure what your saying. I want them to think I know what I'm talking about!. So what can I write to them now as they are now waiting for my reply to their letter?????. If they really thought they had a valid case wouldn't they have done something about it by now rather than playing letter tennis?? I thought from the advice on here that I had a pretty good defence as they have no credit agreement and the account was opened in 2006, is this no longer the case??. Many thanks x

Hmm, sorry if im confusing you, i dont mean to, but the difficulty you have is anyone can read from a forum and regurgitate what they are told parrot fashion, however that person will be in difficulty if the audience asks a question wont they?

It is sooo soo important to understand the law you are arguing, yes you may have a very arguable defence, yes you may be able to write a letter setting out your case, but do you understand what youre writing in the letters?

As far as your case is concerned, yes you seem to have an argument, you did not sign an agreement therefore the agreement is improperly executed and unenforceable under the Consumer Credit Act 1974 in theory.

If the above is true then a Judge cannot give judgment against you.

[vonny1]

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

Well what I would like to do is write to them with that argument in the hope that they think, hey up this one knows what she's talking about would it be worth all the hassle of a court case we might not win and end up coming us money in the process. But I need some help with how to word it. All help very appreciated x

[vonny1]

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

Any help please in wording a letter, no idea what to put back many thanks.

[ncf355]

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

Can you scan a copy of the agreement they have recently sent you so we can view how much substance it has?

(Remove any personal details in the scanned copy!)

[vonny1]

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

I'm sorry I have no printer at the moment and have no clue how to do it with my phone (if you can do it via a phone). It looks like the real thing and all fields are completed. It is only an agreement for some buy now pay later items which have been paid for, not a CCA. Many Thanks.

[FlamingParrot]

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

I'm sorry I have no printer at the moment and have no clue how to do it with my phone (if you can do it via a phone). It looks like the real thing and all fields are completed.

Most phones these days have a camera you can use to take photos :cell: and a facility to email them to yourself. :typing:

This thread may be of some help: www.legalbeagles.info/forums/showthread.php?44713-How-to-Upload-Documents-(and-keep-your-details-safe!)&p=431700#post431700 :nerd:

[/B] It is only an agreement for some buy now pay later items which have been paid for, not a CCA. Many Thanks.

That sounds more like what those catalogue companies normally did! :grin:

...in which case, it may not be enforceable at all! :thumb:

[vonny1]

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

Would you give me some idea of what I should write back to them please. Your help is very much appreciated. I'm so worried!!

[ncf355]

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

Hi Von,

from what I've seen from your thread, I doubt you have much to worry about really

Your debt with them SHOULD be regulated under the Consumer Credit Act 1974, this places requirements on them for the form the documentation must take.

As has been said above, it is very important that you look at the Consumer Credit Act and understand exactly what would be required in the way of documentation for them to enforce the debt in the courts - that way if they do (unwisely, in my opinion) decide upon court action you will know exactly how to handle your defence.

Part V of the act is the main area that covers the content required:

HERE
______________________________

As for a letter to send them.............................

_______________________________

Dear Sir/Madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY RELATED THIRD PARTY

I refer to your recent communication in response to my request under the Consumer Credit Act Section 78 for a copy of the agreement you seek to rely upon.

It is clear that the document you have sent a copy of does not meet the detailed requirements set out by the Consumer Credit Act 1974, and as such I believe the debt would be unenforceable at law.

Accordingly, it is my position that no payment will be forthcoming in regard to this alleged debt and should you unwisely decide to commence litigation I reserve the right to bring this letter to the courts attention and state that I will defend vigorously and also seek to have any such claim struck out as having no lawful grounds.

I require that you maintain all communication in writing and remove any telephone number of mine from your records.

Yours faithfully,

[vonny1]

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

Thank you, I also have the letter they sent me after I sent cca request stating that Shop Direct no longer had the document so they were closing their file and would only contact me again if the document turned up!!! Should I send them a copy of their own letter as well??. Many thanks.

[ncf355]

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

Absolutely!

I've adjusted the letter below to go along with the copy:


Dear Sir/Madam,

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY RELATED THIRD PARTY

I refer to your recent communication in response to my request under the Consumer Credit Act Section 78 for a copy of the agreement you seek to rely upon.

It is clear that the document you have sent a copy of does not meet the detailed requirements set out by the Consumer Credit Act 1974, and as such I believe the debt would be unenforceable at law.

I would also remind you of the letter already received stating Shop Direct no longer retained the alleged document, a copy of which is attached for your reference.

Accordingly, it is my position that no payment will be forthcoming in regard to this alleged debt and should you unwisely decide to commence litigation I reserve the right to bring this letter to the courts attention and state that I will defend vigorously and also seek to have any such claim struck out as having no lawful grounds.

I require that you maintain all communication in writing and remove any telephone number of mine from your records.

Yours faithfully,

[vonny1]

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

Thanks very much I'll get that sent.off today and let you know when I get a reply

[vonny1]

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

I have had reply from Lowells who say that they do not agree with my complaint and they have complied with my cca request and feel that I am responsible for the debt and are now handing it over to there legal department for litigation to see if they think that the debt is legally enforceable by law. I then received a phone call today from Hamptons but I just put the phone down. Now it's been passed to them do you think they will be getting ready for court action?? I'm worried sick now!!! Thanks x

[vonny1]

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

Anyone? I'm really worried!!