Lowells and Shop Direct

[winner12]

Re: Lowells and Shop Direct

Hi Mr ton
Can they still do that it was not meant to be sold to Lowells in the first place it looks like they swindle each other too

[mr.ton]

Re: Lowells and Shop Direct

You hit the nail on the head there Winner12 - the whole industry is rotten & incompetent to the core.

[winner12]

Re: Lowells and Shop Direct(Update)

Hi all
Well Lowells been true to form have kept in touch during there 12+2 days attempting to find my CCA
Their letter this morning states the OC are searching their archives and once I have read through my agreement I will have to pay the balance in full
Oh woe is me

[mr.ton]

Re: Lowells and Shop Direct

No you wont have to do anything of the sort other than to tell Lowells to get lost.

[winner12]

Re: Lowells and Shop Direct

Well after waiting a while Lowells have come up with a CCA
But its for my CC debt I used to have with Littlewoods then Barclays took it on
I had no probs with Barclays accepting my DMP (they passed to Lowells last year I told them I would pay the same as I was to Barclays and have had no probs)
So whats the best approach now Shop direct have admitted they have no CCA or cant locate it then Lowells bought the debt and think they can bluff their way to collecting on a disputed debt
I cant believe their antics do they not realise I know exactly what there upto

[Caspar]

Re: Lowells and Shop Direct

You do realise that it is not illegal to sell a debt while in dispute, though the OFT say it is not what they would consider good practice.

As you so rightly say, they swindle each other too!

[winner12]

Re: Lowells and Shop Direct

So whats the best way forward with lowells now
Do I just write and tell them about their iffy CCA or ignore because its disputed
Thanks

[winner12]

Re: Lowells and Shop Direct

Hi just asking a stupid queation
What are lowells doing with the CCA document that Shop Direct could not supply should I send them a copy of the letter from Shop Direct stating the fact

[Curlyben]

Re: Lowells and Shop Direct

Worth a shot, that's what I did and Lowells ran a mile

[winner12]

Re: Lowells and Shop Direct

Hi been pondering this one
Shop Direct have no valid CCA Lowells bought the debt they claim and have now come up with a CCA
I have not paid this debt since December 2010 and put it in dispute with Shop Direct after they refused to negotiate and added loads of interest and charges
Sold to Lowells 6 months later sent account in dispute to Lowells who insist they have a copy of CCA (wrong account number refers to my other debt Lowells have with Littlewoods CC )
I would like to pay the money back on my terms but how would this stand legally with Shop Direct admitting they had no CCA and me disputing it
How do I get rid of Lowells

[Caspar]

Re: Lowells and Shop Direct

You need to understand assigning a debt here. There are two types. An equitable assignment (used 98% of the time) is an assignment of the equity in the debt (the amount you owe the OC). The debt remains owned by the OC and the DCA gets a cut of whatever they manage to get out of you.

An Absolute Assignment or Assignment in Absolute is very different. Here the rights to collect the debt AND the duties of the debt pass to the DCA. This means they buy the debt for x ppence in the pound and then effectively they become the original creditor. They can then take you to court etc... just as the OC could by themselves.

You say Lowells have bought the debt. If this really is an absolute assignment there is nothing you can do. However, if they don't have a valid CCA for it, there is little they can do either as they won't take it to court. They are therefore likely to sell it on, and any chance of it ever being enforced reduce each time it is sold.

If you wish to settle the debt and acknowledge there is a debt to settle, your best bet usually in this situation if you can, is to offer a F&F settlement. This is a complex area of law, so come back if you think you may be in a position to do this.

I in no way advocate debt avoidance, but I do know of someone who had an account with Shop Direct, it was sold to a DCA and they did literally nothing. They replied to no communications at all and eventually it disappeared.

Personally I would certainly want them to prove the debt is enforceable before I paid them one penny, or at most make token goodwill payments of £1 per month.

[winner12]

Re: Lowells and Shop Direct

Hi Casper
Here is what my letter said
Dear Winner
We hereby give notice of the assignment of the debt due to us from you in respect of the balance xxxx outstanding on your Shop Direct Finance Company(previously known as Shop Direct Financial Services) Retail Brand account.
On 01/07//11 your account was legally assigned to Lowell Portfolio 1 LTD and as such any further communications and payments regarding the above account must now be addressed to
Lowell etc
Your Sincerely

Marie Marsden

So is it equitable assignment or absolute
I have no idea and would appreciate clarification

I have also trawled over my apparent CCA from Lowells its a Littlewoods Flexible Account with a card and Im sure this ended up as LPF any ideas or does anyone know if in 2002 they gave out cards with catalogue accounts

[winner12]

Re: Lowells and Shop Direct

Just bumping up today to see if anyone knows any more
Thanks

[The Debt Star]

Re: Lowells and Shop Direct

Hi been pondering this one
Shop Direct have no valid CCA Lowells bought the debt they claim and have now come up with a CCA
I have not paid this debt since December 2010 and put it in dispute with Shop Direct after they refused to negotiate and added loads of interest and charges
Sold to Lowells 6 months later sent account in dispute to Lowells who insist they have a copy of CCA (wrong account number refers to my other debt Lowells have with Littlewoods CC )
I would like to pay the money back on my terms but how would this stand legally with Shop Direct admitting they had no CCA and me disputing it
How do I get rid of Lowells

it says its a legal assignment. asking for a copy of the deed of assignment would be a waste of time imho; I think we have to accept the full assignment and notice of it to you in the above letter. lowells can purchase a debt in prior dispute but as a DCA they cannot pursue it as to do so would be in breach of the OFT Guidance.

there is no cca and I don't think you should be paying them anything until that, or an enforceable recon of it, is produced.

have you complained to lowells yet about debt collection activity on a prior disputed debt? one for the FOS if they continue to attempt collection.

Also, keep an eye on your credit files to make sure that there is just the one default filed and that the default date is correct.

[Gorang]

Re: Lowells and Shop Direct

Hi Winner

I have just read though your thread here and I think you have answered your own question here

How do I get rid of Lowells

throughout your thread through your own various posts

All posts below are by you except post 24 which is by Curleyben

I have changed the relevant parts of the posts to blue text

Post 1
Hi all
I received today a letter from lowells saying Shop Direct have sold my debt to them and the account was legally assigned on the 1/07/11 I have tried to rearrange payments with Shop Direct as per DMP they refused I then sent CCA request which they only sent current t&cs so I put the account in dispute in March of this year and have not paid them since
I know they still want their money but if its in dispute can they still sell it on and what is the best thing to do loads of interest and charges have been added too

Post 20
Well after waiting a while Lowells have come up with a CCA But its for my CC debt I used to have with Littlewoods then Barclays took it on
I had no probs with Barclays accepting my DMP (they passed to Lowells last year I told them I would pay the same as I was to Barclays and have had no probs)
So whats the best approach now Shop direct have admitted they have no CCA or cant locate it then Lowells bought the debt and think they can bluff their way to collecting on a disputed debt
I cant believe their antics do they not realise I know exactly what there upto

Post 22
So whats the best way forward with lowells now
Do I just write and tell them about their iffy CCA or ignore because its disputed
Thanks

Post 23
Hi just asking a stupid queation What are lowells doing with the CCA document that Shop Direct could not supply should I send them a copy of the letter from Shop Direct stating the fact

Post 24 curlyben
Worth a shot, that's what I did and Lowells ran a mile

Post 25
Hi been pondering this one
Shop Direct have no valid CCA Lowells bought the debt they claim and have now come up with a CCA
I have not paid this debt since December 2010 and put it in dispute with Shop Direct after they refused to negotiate and added loads of interest and charges
Sold to Lowells 6 months later sent account in dispute to Lowells who insist they have a copy of CCA (wrong account number refers to my other debt Lowells have with Littlewoods CC )I would like to pay the money back on my terms but how would this stand legally with Shop Direct admitting they had no CCA and me disputing it How do I get rid of Lowells

as per post 23 and 24
If you have a letter from Shop Direct stating that they have NO CCA for the account then send a copy (not the original, keep the original) of this to Lowell also point out that the CCA they sent you is for another account (if you are sure it is for another account) and if they keep harrassing you about a debt that they know or now know is unenforcable (because of Shop Direct NOT being able to provide a valid CCA for the account) you will report them to the appropriate authorities, for, harrassing for an unenforcable Debt also for "coming up with a CCA" when the OC couldn't
Or sumit along that lines, but you get the idea, Lowells take to the hills