more lowell and littlewoods trouble

[labman]

Re: more lowell and littlewoods trouble

Hi
They will only come up with a cobbled together CCA and have the audacity to say its original and hoping you don't know what a true copy looks like
I'm arguing the point at the mo that the original could not be supplied by Shop Direct so how did they get a copy and guess what they are now passing me down the line of desks at Lowells and its the seriously overdue department I'm with at present who are going to take my house send in bailiffs oh and take one of my kidneys
So be warned then you can ignore all the tosh too

With respect, and I'm not disagreeing with you, but they are allowed to respond to a CCA request with a reconstituted copy. The CPUTR version of the CCA request is very useful in this respect as it puts them to proof as to whether or not they hold a true copy of the original agreement.

[winner12]

Re: more lowell and littlewoods trouble

Hi Labman
Yes you are right they can but they have to tell you its a recon not try to pass it off as an original and if they take you to court they still have to have an original
The recon only satifies the s78/79 as I understand

[GODDAMMIT]

Re: more lowell and littlewoods trouble

ok so its taken them a while but they have now come back with a reconstituted copy which they say fulfills their obligation and look foward to my proposal for settlement within the next seven days any advice on how to proceed as always gratefully received :beagle:

[labman]

Re: more lowell and littlewoods trouble

How about this written by Priority One:

Your Ref: xxxxxxx

This is a formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt.

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.

Yours faithfully,

[GODDAMMIT]

Re: more lowell and littlewoods trouble

thanks labman that looks good and cheaper than a SAR

[labman]

Re: more lowell and littlewoods trouble

They are not under any legal obligation to reply, but if they do and do not tell the truth, then they would be in trouble if they then produced an original in court.

It would not be a prudent move.

[GODDAMMIT]

Re: more lowell and littlewoods trouble

so should i send a SAR any way as they do have to respond to that (or if i did would it be better to send SAR to littlewoods )

[mr.ton]

Re: more lowell and littlewoods trouble

Has this CCA got your signature on it?

[GODDAMMIT]

Re: more lowell and littlewoods trouble

no but they do say that it is a recon and that satisfy their obligations there is actually 2 one from littlewoods with my name and address no sig or date and a blank one from shop direct so still dont know if they have one or not . They will not provide me with the deed of assignment and i have had nothing from littlewoods although on the same day that lowell introduce themselves a letter "from" littlewoods with black and white logo (realy) saying they had sold the debt it was also numbered page 1of2 and lowells intro was page 2of2 but they did come in separate envelopes

[labman]

Re: more lowell and littlewoods trouble

You won't get the Deed of Assignment without taking them to court to produce it, and I think, off the top of my head you need to use CPR31 to get it.

[Gorang]

Re: more lowell and littlewoods trouble

off the top of my head you need to use CPR31 to get it.

Spot on Labman, good memory

http://www.justice.gov.uk/guidance/c...rts/part31.htm

[GODDAMMIT]

Re: more lowell and littlewoods trouble

You won't get the Deed of Assignment without taking them to court to produce it, and I think, off the top of my head you need to use CPR31 to get it.

but if was to send SAR to littlewoods it should be in there i'm guessing but presumably i would have to ignore lowell till the info comes back

[labman]

Re: more lowell and littlewoods trouble

but if was to send SAR to littlewoods it should be in there i'm guessing but presumably i would have to ignore lowell till the info comes back

No - it wouldn't be in there. The assignment is between the OC and the DCA, so although the debt is yours, it is viewed as not being directly relevant to you.

The only way I know to get hold of it unless you're very lucky, is to go through the courts.

Sorry!:tinysmile_hmm_t2:

[GODDAMMIT]

Re: more lowell and littlewoods trouble

No problem i leave the courts to them if they decide we'll see :beagle:

[Gorang]

Re: more lowell and littlewoods trouble

As Labman has said you won't get the DEED of assignment by giving them a SAR request but what you WILL/SHOULD get is the (NOA) NOTICE of assignment

2 totally different things

As labman says the DEED is between the OC and the buyer, ie the legal document that records the sale of the debt,

but the NOA is the notice that one of them HAS to send to you, to notify you that the account has been assigned (sold) to the buyer by the OC

When you can ask for the DEED through the courts, (this is only one eg)
is if you think the NOA has been manifactured, ie dates don't correspond with your CRA file,
then you can apply to the court for the actual DEED to be produced for court to see what date the actual sale took place