Cupcakes v Lowells

[cupcakes]

Just thought that I would add another to the growing list. After 7 months of trying to get a catalogue company to prove that they could legally charge an account that I had no knowledge of instead of the credit card they had been authorised to charge and dealing with their in house debt collectors I have just received the goodbye/hello exchange introducing Lowells. I have an outstanding letter dated 15/07/10 with the OC! That 'old chestnut' - how could they sell the debt on when I am actively communicating? A default notice has been registered (September) but nobody told me! Thanks to the helpful information here, a CCA request has been sent today to Lowell's. Only wish that I had found you before.
:tinysmile_grin_t:

[The Debt Star]

Re: Cupcakes v Lowells

They seem to do what they like and get away with it. Breach every rule going. They are not supposed to instruct a DCA or a new DCA if the account is in dispute. But they do. They cannot record a Default with the CRAs if you have bnot received a valid default notice, but they do.

Send them a Subject Access equest as well + £10 postal order and see what comes back. There must be a record of any default they sent you and if its not there then the Default recorded at the CRAs should be removed. Problem is they only need to send it to you; there is no obligation on them to prove they posted it to you.

[cupcakes]

Re: Cupcakes v Lowells

Much appreciated

Do I need to send the SAR to the catalogue company?
Should I mention the outstanding correspondence in the context of selling the debt on?

[Curlyben]

Re: Cupcakes v Lowells

I smell Littlewoods

Hold fire for now and I'll be back once I've drowned the kids..

For now have a read of the FIRST link in my siggie, very enlightening.

[cupcakes]

Re: Cupcakes v Lowells

JD Williams/Marisota - I would hate anyone to go blaming the wrong company!!

I confess, so far, whilst I would have benefited from what I have read here today months ago, I seem to have been more or less on the right track throughout. Kept everything in writing, refused to answer security questions when called. warned them verbally and in writing about harassment. I have all statements etc. from them except the first few which probably went in my recycling bin (with all of their advertising blurb) as I was unaware of the existence of the account and had not, as a direct result authorised any transactions on it.

:bathbaby:

[Curlyben]

Re: Cupcakes v Lowells

JDW don't like getting or keeping signed agreements, so Lowell's wont be able to respond to your CCA request.
Shame really they should check the status of debts before "purchasing" them

No matter, sounds like you are on the right track anyway.

There's no need, at this point, to even consider a SRA to JDW, until Lowell gives up, as they will.
Their letters will insist you have an obligation to pay this debt, which is the old moral argument, but until they comply with your legal request, you have nothing further to say to them. They know what is expected of them, but will be unable to comply, for obvious reasons.

[Caspar]

Re: Cupcakes v Lowells

Curlyben - a question for you. If you send off the CCA and they don't respond it becomes unenforceable until such time as they can produce the CCA. Does this have to be a true copy (which I understand to be a legible copy of the original) or can it be a reconstituted one? Finally does supply terms and conditions of the agreement satisfy the request?

Only asking for my own knowledge.

Thanks,

David

[Curlyben]

Re: Cupcakes v Lowells

Curlyben - a question for you. If you send off the CCA and they don't respond it becomes unenforceable until such time as they can produce the CCA. - After 12+2 WORKING days, yes

Does this have to be a true copy (which I understand to be a legible copy of the original) or can it be a reconstituted one? - Either or Both, See carey Vs HSBC

Finally does supply terms and conditions of the agreement satisfy the request? - Nope, but they MUST be included with the agreement, see above.

Hope that makes sense.

[The Debt Star]

Re: Cupcakes v Lowells

I was making the SAR point because they (presumably the OC) had registered a Default with the CRAs, and presumably the OP would like this removed, if possible. Cupcakes needs to know if a DN was ever 'officially' sent. We know they don't have to supply a copy of the DN but they do, I think, have to keep a record that they sent one and when.

[cupcakes]

Re: Cupcakes v Lowells

Clarification appreciated and something to pursue if the CCA does not yield a positive result.

The debt, if you ignore accumulated charges, is less than £50. I contacted the OC as soon as I knew what they had done and challenged the legality of their actions. They never answered that point and I have just kept throwing it back at them. Quite frankly, I am amazed that they did not back down sooner. The collection cost has spiralled totally out of control and would not be viewed favourably by any Court. The way that I figure it, I have the time to take up the challenge and live in hope that they will mend their ways (voluntarily or by force) for all customers as I am ever conscious that many are less fortunate than I am. This is not the first time that I have challenged bad practices and I am sure that it will not be the last.

I am a tax, Trust and Estate practitioner. The law does not, therefore, intimidate me. I hope that my specialist knowledge may prove useful within these forum in the fullness of time.

[The Debt Star]

Re: Cupcakes v Lowells

Hi. It will, for sure.

Personally I think you've been treated absolutely disgracefully by the OC. You also have one of the worst DCAs.

However, IMHO the Default they have banged on your credit report is the real problem for you. Personally I would regard this as the starting point of your complaint; you want that removed.

I think you should contact Consumer Direct (who will pass this on to Trading Standards for you). I would also complain to the FOS now as well.

[cupcakes]

Re: Cupcakes v Lowells

Reply received - can I still chase the response after 12+2 days from the date of my letter or do I need to time it from the 12 days that they have cited in their response please?

[Curlyben]

Re: Cupcakes v Lowells

Nice one.
Well they have acknowledged your request, so now it's time to sit back and wait.
There is NOTHING further for you to do on this one.

[cupcakes]

Re: Cupcakes v Lowells

Apologies for not letting you all know sooner after all of your support and advice - Lowells gave in - copy letter attached.

I still need to clear my credit record - snowed under with work at the moment!

You gave me strength when I was losing the will to live and for that I am grateful - thank you all

[Crispybacon]

Re: Cupcakes v Lowells

Apologies for not letting you all know sooner after all of your support and advice - Lowells gave in - copy letter attached.

I still need to clear my credit record - snowed under with work at the moment!

You gave me strength when I was losing the will to live and for that I am grateful - thank you all

Great News!