Lowells. Urgent advice needed please!!!!

[Alzy1982]

Hi all.

Although I'm newly registered I have been using this forum and CAG forum to help me ward off the dreaded Lowell Group.

Now I'm at a brick wall and do not know how to proceed. I have 14 days to respond to their latest letter which I recieved on the 17th June although the letter is dated 10th June. Luckily I noticed this today so is still not too late to reply via email(which is how I've been replying the last couple of times of contact)

Long story short, I dispute this debt, originally with Shop Direct, an account from pre 2007. September 2006 to be exact. I have had the recon agreement sent to me after I sent a CCA request. It took me another few letters to get them to admit that they do not hold a true copy of the CCA. As soon as they confirmed this back in November last year, I have continued to ignore any letters up until 4th June 2015 when they started to threaten court action. Then I emailed them reminding them they do not hold a true copy of the CCa and I consider the debt unenforcable.
This is where it gets interesting. I do remember paying a small amount with them in 2011 as I thought it was for another account. When I realised my mistake, I stopped all payments. Does this make the debt enforceable?

the latest letter is attached. I do have to reply tonight via email so any help is appreciated

Also, the other two debts they have mentioned in the letter I do not dispute and am sorting one. But the other I know I owe but they have never written to me saying they own this debt. I have no problem paying but want them to jump through the correct hoops first.

[Kati]

Re: Lowells. Urgent advice needed please!!!!

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] - any advice please??

[nemesis45]

Re: Lowells. Urgent advice needed please!!!!

@Amethyst @nemesis45 - any advice please??

Got it Kati, Thanks

nem

[nemesis45]

Re: Lowells. Urgent advice needed please!!!!

Hi ,welcome!!

If you paid Lowell in 2011 the alleged debt is not statute barred, it is important to know
given Lowell says payments amounting to £125 in regard to this debt if the payments
were made to the account being currently chased or should have been allocated to another
of your accounts held by Lowell can you throw any light on this please?

One more question: can you post a copy of recon agreement please?

nem

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

The payments were for the account totalling £1619.60 which I have gone through the whole CCA request with. I'm aware that I was stupid in making such an idiotic mistake to make these payments but soon realised my mistake (they were meant for another debt now long paid off) obviously meaning this is not SB but was hoping to go down the unenforceable route. The other two at the bottom of the letter I am not so worried about as I will be making offers of payment for them both. I am just terrified that I will get a CCJ when I am saving for a mortgage

To clarify, the payments were for ONLY the account being chased for £1619.60

Thank you for your reply

[nemesis45]

Re: Lowells. Urgent advice needed please!!!!

The payments were for the account totalling £1619.60 which I have gone through the whole CCA request with. I'm aware that I was stupid in making such an idiotic mistake to make these payments but soon realised my mistake (they were meant for another debt now long paid off) obviously meaning this is not SB but was hoping to go down the unenforceable route. The other two at the bottom of the letter I am not so worried about as I will be making offers of payment for them both. I am just terrified that I will get a CCJ when I am saving for a mortgage

Thank you for your reply

Ok don't worry too much about Lowell's time limits Lowell is not a court and cannot order you to do anything!!

I would like to see the recon agreement asap then we can look at the unenforceable route.

nem

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

Ill find it now (having a new kitchen fitted and seems to be avoiding me.) Im hunting as I type :tinysmile_hmm_t2:

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

I am still hunting and turning the house upside down!

From what I clearly remember, the CCA was the correct terms and conditions from the correct date the account opened in September 2006. Although the signature was not on the same page as the Prescribed terms and conditions. Which is where I believe it to be unenforceable. I'll continue to hunt

[nemesis45]

Re: Lowells. Urgent advice needed please!!!!

I am still hunting and turning the house upside down!

From what I clearly remember, the CCA was the correct terms and conditions from the correct date the account opened in September 2006. Although the signature was not on the same page as the Prescribed terms and conditions. Which is where I believe it to be unenforceable. I'll continue to hunt

I'll continue to watch for your reply.

nem

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

I've found every single Lowell letter bar this CCA. I know I put it somewhere safe but its damn vanished! Totally at a loss right now

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

My partner is going to look more tomorrow while I'm at work. Sorry to do this. Feel like a bit of an idiot now. Thought I had it all figured out. Just seems to be all going down the loo. For what its worth, for the months of reading, forum watching and research, I'm 99.9% sure the CCA means it is unenforceable. All the dates are correct on it for when the account opened in 2006 and signature was definitely on a separate page to T&Cs. The only thing I see going against me is the £125 paid in 2011. I WILL find this CCA.lol

[nemesis45]

Re: Lowells. Urgent advice needed please!!!!

My partner is going to look more tomorrow while I'm at work. Sorry to do this. Feel like a bit of an idiot now. Thought I had it all figured out. Just seems to be all going down the loo. For what its worth, for the months of reading, forum watching and research, I'm 99.9% sure the CCA means it is unenforceable. All the dates are correct on it for when the account opened in 2006 and signature was definitely on a separate page to T&Cs. The only thing I see going against me is the £125 paid in 2011. I WILL find this CCA.lol

Case Law and recon agreements change much some time ago, in fact a recon need No signatures at all!

nem

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

Thank you. My fiance is going to look more tomorrow for it and will report back. My anxiety levels are through the roof but ill try not to worry too much about Lowells time limit.

[FlamingParrot]

Re: Lowells. Urgent advice needed please!!!!

My partner is going to look more tomorrow while I'm at work. Sorry to do this. Feel like a bit of an idiot now. Thought I had it all figured out. Just seems to be all going down the loo. For what its worth, for the months of reading, forum watching and research, I'm 99.9% sure the CCA means it is unenforceable. All the dates are correct on it for when the account opened in 2006 and signature was definitely on a separate page to T&Cs. The only thing I see going against me is the £125 paid in 2011. I WILL find this CCA.lol

Try not to worry, the letter from Lowell is not even a legal threat, it just says that you should have gone to the FOS, however, the FOS makes it clear they do not get involved in arguments surrounding enforceability as they leave that up to the courts. You don't have to obey Lowell's deadlines, only a court can order you to do certain things by a certain date. :ranger:

A lot of Shop Direct accounts are unenforceable, the payment in 2011 only means it's not statute barred, however, it doesn't automatically make the account enforceable. Post up the agreement when you can and don't panic! :typing:

- - - Updated - - -

Thank you. My fiance is going to look more tomorrow for it and will report back. My anxiety levels are through the roof but ill try not to worry too much about Lowells time limit.

Don't stress, remember there is no legal obligation to meet their deadlines. :ranger:

[Alzy1982]

Re: Lowells. Urgent advice needed please!!!!

The good news is my fiance found the CCA! Ill post as soon as I finish work and am at home. Thank you everyone. This is really getting me down and the advice about deadlines has helped me. I suffer from aspergers so my anxiety can be awful