Next step with Lowell - Please Help

AndysBees

Hi

I have been disputing an alleged debt with Lowell Portfolio for some time now, and recently followed advice on here asking them for a copy of my agreement, using the request under section 77/78 of the CCA 1974.

to cut a long story short i honestly cannot remember if i took this out or not but i do have two other accounts with Shop Direct.

Today i received their response which states and i quote : "Your original creditor has provided us with the attached reconstituted copy of the credit agreement you entered into with them, which they confirm you would have signed prior to the granting of credit to you. Under section 77/78 of the CCA 1974, we are not obliged to send you an exact copy of your signed agreement."

My question is can they really expect me to accept an unsigned largely blank agreement as proof the debt is mine ?, i have been asking for proof for months but still nothing that bears my signature.

They have registered a default on my credit file while all this is going on, not sure if i keep arguing or if i should just make an arrangement ?

Advice Very Welcome.

Thanks

Lensman_2

Do you know when this account was taken out? Was it prior to April 2007?

You may need to check your credit file to find out - Noddle is free.

fermi

If you are disputing whether a debt is yours or not, a CCA request can often do more harm than good and confuse the issue.

https://forums.moneysavingexpert.com/discussion/comment/57422683#Comment_57422683

AndysBees

According to the data on my file the account was opened 30th Oct 2006.

i have to admit i had reached the end of my tether i had asked for proof so many times and nothing came through so this was a last effort to get something !!!. Bit annoyed that all i may have done is confused the issue further.

fermi

Well, I think you have to go back to first principles and demand proof that the debt is yours. Making the points that:

- You do not have any recollection of this debt.
- You demand that Lowells provide you with some proof, such that they would present to a court if required.
- You will be reporting them to the OFT for so far failing to supply such proof on a reasonably disputed debt.
- You will also be making a complaint to the ICO regarding the placement of a default on your credit file without any evidence to justify recording said default.
- You require a final response from Lowells as your next course of action will be to also refer the matter to the FOS.

AndysBees

Thank you for the advice, i shall draft my letter to them tomorrow, following your points.
Hopefully this will in turn bring closure, or at the very least "Proof".

happy_bunny_2

Shop direct tend to send out blank agreements and a statement that says that they couldn't find it, this is the type of agreement that you would have signed with no name or address etc. utterly worthless.

the DCA will have probably filtered out the we couldn't find it bit before it got to you...

projectxy

Hi,

I'm having similar fun and games with Lowells and after 6 letters they finally sent a CCA copy which had no signature on it? How is this enforceable? Also they have now passed it over to Hamptons legal (their solicitors I believe). Im getting tired of arguing with this idiots over this as they (Hamptons) now say they are looking at my credit history to assess my assets? Well I have none and no mortgage?

Advice please?

Lensman_2

If your debt was started before 6th April 2007, technically it is probably not enforceable.

However, they have (on the face of it) complied with your CCA request by supplying a reconstruction.

If the account was started after that date then they probably have (or might as well have) satisfied your request and it will be enforceable. .

projectxy wrote: »

Hi,

I'm having similar fun and games with Lowells and after 6 letters they finally sent a CCA copy which had no signature on it? How is this enforceable? Also they have now passed it over to Hamptons legal (their solicitors I believe). Im getting tired of arguing with this idiots over this as they (Hamptons) now say they are looking at my credit history to assess my assets? Well I have none and no mortgage?

Advice please?

projectxy

Even though it has no signature and I never signed anything?

Janie4Now

Just to play devil's advocate here.

.....you've already said that you have a couple of other accounts with Shop Direct - is it possible the debt is yours? Have they said what the goods were?

Might the legal people think, on the balance of probabilities and as per the man on the Clapham omnibus, that probably you did have that third account?

Like I said, just playing devil's advocate....not casting any aspersions!