Lowell /Littlewoods

[brecken]

Hi There,
1st time on here, sorry if this is posted in wrong place but i could do with some advise please.

Littlewoods debt sold to Lowell, I have offered min payment due to finiishing work thru illness, this was turned down, however i have sent the min payment each month via bank transfer but they still hound me for more, I have since sent for a copy of the original signed credit agreement, more to try and grt thrm off my back more than anything.
Anyway they have sent me a unsigned Reconstituted copy of the agreement and a letter saying I still have to increase my payments otherwise they will resort to litigation, now im no expert which is why im here, and im not trying to get out of paying, but surely if they do not have a signed copy of an agreement they cannot force this in court or am i wrong? should i be worried about court action, and they have sent me a default notice and blacklisted me, can they do that without a SIGNED agreement?
Any advise would be very much appreciated.
Thanks in advance.
Brecken x

I wouls appreciate any advice

[bluebottle]

Re: Lowell /Littlewoods

Hello Brecken and welcome to Legal Beagles,

We need to know a number of things before we can start to help you -

Did you take out a credit agreement with Littlewoods that is regulated by the Consumer Credit Act 1974?
Have you admitted the debt to Lowells?
Have Lowells produced any evidence that you owe the money?

Once we have answers to these questions, we will do our best to help you if we can.

Bluebottle

[bluebottle]

Re: Lowell /Littlewoods

Hello again Brecken,

I've just checked the most up to date OFT Debt Collection Guidelines, as they apply to your case, and can tell you that Lowells are in breach of the Guidelines, in that they cannot make you pay more than you can afford. There are also special rules with regard to people who are regarded as "vulnerable", which includes people with illnesses that prevent them from working or limits their capability to work. In addition to this, Lowells are also in breach of Section 2, Protection from Harassment Act 1997 by repeatedly contacting you. Under the Act, it is a criminal offence for Lowells and their employees to engage in conduct amounting to harassment. The Act prescribes both civil and criminal sanctions.

If, as you say, the credit agreement is unsigned, I fail to see what justification Littlewoods and Lowells have for chasing it. Is the agreement regulated by the Consumer Credit Act 1974?

Please get back to us so that we can see what help we can give you.

Bluebottle

[labman]

Re: Lowell /Littlewoods

Hi,

As always, good advice from Bluebottle. i picked up particularly on his question asking if they had proved the debt. If they haven't, send post 4 from here:

Dealing with DCA's - Legal Beagles Consumer Forum

If they have proved it, they're perfectly within their rights to send a reconstituted, unsigned copy of the agreement. That neither says they can or cannot produce the original. If you are satisfied they have proved you owe the debt, then send this:

Dear Sir/Madam,

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 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,

If they confirm that, and they haven't got the original, they've shot themselves nicely in the foot.

If you are still happy you need to repay, you do so at a level you can comfortably afford, and if necessary contact a reputable FREE debt advice agency.

[brecken]

Re: Lowell /Littlewoods

Hi There,
I have not signed a credit agreement the account was taken over internet, i did not and I remember this specificly sign & send bk the agreement althoughnthey still allowed me to buy goods.
I have paid money to Lowell is this me aknowledging the debt? I have never admitted verbaly to owning the debt.
And the only evidance Lowell have sent is the reconstituted copy of a credit agreement which they have printed my name & address on, they go on to say this is what i would of have signed prior to Littlewoods granting me credit.
There is definatly no credit aggreement with my signature on it.

Brecken X
------------------------------- merged -------------------------------
Thank you for that, its very helpful, i more concerned about the threat of litigation & the effect on my credit file, are you saying without a SIGNED copy of an agreement they cant take me to court & what about the defaults on my credit file can i have them removed?

Brecken X

[Angry Cat]

Re: Lowell /Littlewoods

http://www.oft.gov.uk/shared_oft/bus...ral/oft698.pdf

The following may also be of benefit:
http://www.legislation.gov.uk/uksi/2...0042095_en.pdf

[labman]

Re: Lowell /Littlewoods

Could you have signed electronically over the internet if you remember opening an account that way? perhaps simply by placing a 'X' in a box? This is a valid form of consent.

It is much harder for them to take you to court without a signed agreement. I'm not going to give you a definitive answer as this is the subject of an entire thread in itself. The law is very clear, but the way the law is enacted is not quite so crystal cut. With a company like Littlewoods for a catalogue debt it is unlikely they would pursue litigation knowing they didn't have the original copy, especially if you had already asked them about this.

[brecken]

Re: Lowell /Littlewoods

Yep think possibly ticked a box, but cant be 100% sorry to repeat the question but do you think i could have my credit file looked at with regards to the default, can they default you without a signed agreement?
Brecken x

[Angry Cat]

Re: Lowell /Littlewoods

You state:
Yep think possibly ticked a box.

So this was an internet application.

When was the application made; month/year?

No doubt, at the same time, you consented to their processing of your data. As per the Data Protection Act 1998.

[labman]

Re: Lowell /Littlewoods

Yep think possibly ticked a box, but cant be 100% sorry to repeat the question but do you think i could have my credit file looked at with regards to the default, can they default you without a signed agreement?
Brecken x

I think you're getting ahead of yourself here. The first thing is to ascertain whether or not they can prove you owe the debt. If they can, you need to send the CPUTR letter. Once you know whether or not they hold the original agreement, you can tackle other things.

If you signed electronically, and have defaulted on any agreement signed, then they have the right to record that default. they do need to go through the correct process in doing this though - do you have a Default Notice?

[brecken]

Re: Lowell /Littlewoods

Yes internet application and i believe it was Sept 2009, Just to be clear im happy to pay my debts im just very very worried they are going to go to court with this, i do not want a ccj if that avoidable & they are being totaly unreasonable with regards re payments, they have phoned 3 times already today, i ignore the calls, the joys of caller display.
------------------------------- merged -------------------------------
The default notice was issued by Littlewoods before they sold/passed on to Lowell, I dont have a copy, sorry to say i ignored it at the time i was so ill to care at that point & i destroyed it ( bury head in sand syndrome im affraid)

[Angry Cat]

Re: Lowell /Littlewoods

Okay.

For starters, Lowell must be mindful of the MALG Guidance for Money Advisors & Creditors!
MALG published a set of Mental Health Awareness Guidelines, these Guidelines incorporate Physical Health problems also.

Lowell, should have adopted a sensitive approach for the mutual benefit of the creditor and this member, a consumer.

This clearly has not happened in this particular case!

The OFT endorse the MALG Guidance and make reference to same in their amended Debt Collection Guidance, issue date: October 2011.

IMHO, it would be prudent to make a FULL SAR to Littlewoods.

In the meantime, log a complaint with the Lowell Compliance Officer (if they have one that is?...aplogies for the sarcasm)

[Angry Cat]

Re: Lowell /Littlewoods

Money Advice Trust - Debt and Mental Health

[bluebottle]

Re: Lowell /Littlewoods

Hi again Brecken.

Lowells are well deep in the excrement with regard to harassment. As well as Section 40, Administration of Justice Act 1970 and Protection from Harassment Act 1997, you have the OFT Debt Collection Guidelines to provide you with some protection in this matter.

As well as the advice Labman and Angry Cat have given to you in this thread, I will repeat the advice given in an earlier post that Lowells cannot make you pay more than you can afford to pay. And because you are unable to work or have limited capability for work, you are classed as "vulnerable", which means that Lowells have to take this into account in their dealings with you.

My advice to you is to write to Lowells and make it clear to them about your current situation and their breaches of OFT Guidelines and statute law. Send it by Special Delivery to the CEO. I have sent a template letter in a separate post for you to send to them. Make sure you send copy of the letter to the CEO of Littlewoods, pointing out, in a covering letter that it has been necessary to do so due to Lowell's failure to adhere to OFT Guidelines and the law. Also send a copy to the OFT Consumer Credit Licensing Department and head your letter "FORMAL COMPLAINT".

Please come back on to this thread and let us know how you get on.

Bluebottle

[bluebottle]

Re: Lowell /Littlewoods

Letter to Lowells