Lowells - Empire catalogue and Vodafone debts

stujim

I need some advice,and fairly fast. A couple of months ago i had a letter from Red/Lowell stating that i owed about £600 to Vodaphone and about £300 to Empire catalogue. Being gullible i agreed to pay (have had dealings with debt collection companies before and know how ruthless they can be) I'm sure i paid off Empire but not sure about Vodaphone as it was all amidst a break up of a relationship/selling my house (October 2006),so it's all confused there. I stupidly have paid £54 per month over the last 2 or 3 months but recently i lost my debit card (this is how they take their money each month) and received a new one from my bank but i forgot to contact Lowell to inform them. The recent payment should've been taken out a few days ago. What do i do when they start giving me grief over this as the letter they sent before sounded ominous,threats about this and that and sending someone to collect the money. Surely if i haven't signed anything with these people then i'm not liable under the Consumer credit act? I barely can pay my bills each month as it is with them taking fifty-odd quid off me each month and because i forgot about their payment i'll be left short this month if i were to pay them. They did state in a letter that if i missed just ONE payment i'd be liable to pay the full amount plus charges etc etc

fermi

stujim wrote: »

Surely if i haven't signed anything with these people then i'm not liable under the Consumer credit act?

Signed with who exactly? The original creditors? Or do you mean Lowells?

1) Mobile phone contracts are not covered by the Consumer Credit Act. However, you should have signed a simple service agreement. If you request proof of the debt, then Lowells should really be able to provide a copy and breakdown of the debt. They probably won't be able to though.

2) The Empire account should need a valid credit agreement. Have you requested a copy from Lowells?

stujim

I meant i haven't signed anything with Lowell. No,i haven't requested anything from Lowell as of yet as it never occurred to me to do that

fermi

Well, you don't need to have signed anything with Lowells as such.

Debts can be "sold" on to debt collectors. Most credit agreements and contracts have terms in them that say this can be done. If Lowells buy a debt like that, then they should have a copy of the original agreement as well . Or at least be able to get it from the original creditor.

stujim

So basically i'm stuffed and have to pay them the £900 (even though they bought the debts for a fraction of that)


Sorry didnt mean to sound rude

spadoosh

Lowell are pretty useless. Im pretty sure if you sent a few clever letters youd be a ble to trip them up on a legal practice and then complain to the ombudsman. That would be the best way to get the debt wiped off.

Also it is definatley worth checking to see if they have applied a default to your credit file, they have a tendency to do this without informing you (have to by law) and if they have it could cause big problems in getting credit

fermi

stujim wrote: »

So basically i'm stuffed and have to pay them the £900 (even though they bought the debts for a fraction of that)

Not necessarily. You can still ask them for proof of the debt. For the catalogue that would also mean the credit agreement.

Doesn't do any harm to ask. If they can't provide proof, then at the very least they might agree to settle the debts for a % of the total.

stujim wrote: »

Sorry didnt mean to sound rude

You didn't. :cool:

stujim

Are there any standard pre-written letters on here where i just have to fill in my name and address etc (eg similar to the bank charges letter on moneysavingexpert)?

stujim

All this is really annoying as it's been four years and i had never previously heard a peep about anything to do with these debts up until a couple of months ago

Tixy

Here is an initial prove it letter to send - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

If you also want to do a CCA request for the catalogue there is a template letter here (which needs a £1 postal order) - don't send this for the phone though.

CCA Request

Send the letter below (CCA Request) with a £1.00 Postal Order to whoever owns the account (either the Debt Collection Agency or the Original Creditor); send it recorded delivery and await 14 days which is the length of time they have from the date you sent it;

Dear Sirs,

Account No: XXXXXXXX

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).

I require you to provide me with a true copy, or reconstituded copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days). You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I also remind you of your duties, in line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

a copy of their agreement
copies of some of the other documents mentioned in their agreement
a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

make the debtor pay the debt before they're supposed to
get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee and then remove the incorrect entry from your systems.

I do, expect the main actions to be dealt with, as matter of course, and look forward to hearing from you within the prescribed time-scales quoted however, in the meantime, I require that you clarify your position on this point as failure to do so, even by omission or lack of a response, will be regarded as an attempt to deliberately misrepresent or conceal the legal position regarding this matter to which an appropriate complaint will be made to the OFT.

Yours faithfully


Sign digitally

stujim

Is it still worth sending the prove it letter and CCA request even though i've made a couple of payments?