Lowells and Shop Direct

[winner12]

Re: Lowells and Shop Direct

Hi Debt Star
Thanks for looking at my thread
Yes I sent the account in dispute as soon as i recieved the assignment letter thats when lowells started playing silly beggars with the CCA stuff
Hi Gorang
I have been reading so much stuff on account in dispute and have come to the same conclusion
Will let you know how I get on
Party size gateaux for all the help DS

[Caspar]

Re: Lowells and Shop Direct

Sorry Winner - only just picked up on this one again for some reason (probably my total incompetence! lol).

I agree with DS that the wording seems to suggest an absolute assignment. However, as I said in my original post, there's little they can do about it when it's in dispute and there's no CCA.

Report them to the FOS.

[Curlyben]

Re: Lowells and Shop Direct

*Cough*
What Assignment, as the letter came from Lowell, and NOT The OC !!

You need one of these:

[winner12]

Re: Lowells and Shop Direct

Thanks Casper and Curly
Yep the assignment and CCA have all come from Lowells and not Shop Direct so what should I write no bad language please

[Caspar]

Re: Lowells and Shop Direct

Don't the new EU Directives state the NOA can come from either the OC or the DCA? Only taking from distant memory, so may be wrong. Can look it up.

[Curlyben]

Re: Lowells and Shop Direct

Feel free to look it up, doesn't make a blind bit of difference as Littlewoods have already admitted NO agreement.

[winner12]

Re: Lowells and Shop Direct

Well why did Lowells buy it in the first place
What are they hoping to achieve the CCA is a application form with a wonky terms and conditions too small to read with a present terms and conditions
So whats all that about

[Curlyben]

Re: Lowells and Shop Direct

DCA tend to buy debts in bulk lots.
They don't actually know what's in them till they start picking them apart and making demands on the debtors.
Therefore they have no idea what the current status of them is, until they start getting respinse from the nastygrams..

[Caspar]

Re: Lowells and Shop Direct

Purely for the record - came into force August 2010:

16.2

It is the responsibility of the assignee (the creditor acquiring the rights) to ensure that notice is given. However, he does not have to give notice himself, but can agree with the assignor (the creditor assigning the rights) that the assignor will give notice instead, depending on what is more sensible in the circumstances. It is important, however, that notice is given as soon as reasonably possible and in a way that is clearly understandable by the borrower.

[winner12]

Re: Lowells and Shop Direct

Hi Casper and Curly
Its all becoming much clearer Shop Direct off loaded as soon as possible to a muppet DCA for pennies now I know why you have so much fun with DCA.
So this mocked up CCA was never found by Shop Direct as stated by Lowells and they say its legit thats a load of OFT breakages there surely, dont they ever learn
obviously LB do and pass on valuable info to people like me
Thanks

[Curlyben]

Re: Lowells and Shop Direct

That's the kiddie Winner

Once you can distinguish the wood from the trees and not be mislead by the false leads you are onto a winner..

READ carefully DCA's letters and analyse what they actually say, NOT what you think..

Oh yeah, BTW, just to clear things up, Lowell are well known for using the term Legal Assignment, it's actually a misnomer for EQUITABLE assignment

[The Debt Star]

Re: Lowells and Shop Direct

Winner, you probably have this already but just in case. 2.8(i) amongst others...
http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[The Debt Star]

Re: Lowells and Shop Direct

On 01/07//11 your account was legally assigned to Lowell Portfolio 1 LTD

The letter did say "legally assigned" though?

[winner12]

Re: Lowells and Shop Direct

Thanks all
Thats whats so misleading it did say legally I agree on that point
Did not realise trying to sort out my Debt muddle would lead to me having to know so much about DCA and the law
I think a 5 course meal for all will be on when this gets sorted I have read a few templates on Niddys site they are very strong worded any suggestions and would it do any good to complain to the OFT

[The Debt Star]

Re: Lowells and Shop Direct

Its so blatantly misleading its should be reported!
I only complained to the OFT once - about another DCA, CapQuest - and they weren't interested, they just kept referring me to the FOS. Surely though Lowells are in breach here of the OFT guidelines I gave you a link to above, and on a number of counts?