Appealing against default.

happy_bunny_2

When did you take out the account?

If before April 2007, send them a CCA request, as they are rather stuffed without it.

emmmski

happy_bunny wrote: »

When did you take out the account?

If before April 2007, send them a CCA request, as they are rather stuffed without it.

I took the account out in 1999! I don't have an issue with paying back what I owe, after all I had the goods. I don't even have an issue with the default in principal , just the date of it. If Lowell refuse to remove or backdate it to when I actually fell into arrears and started making reduced payments then my credit file will be trashed for over 10 years!! That's the bit I find unjust.
Do you think going down the cca route will hold any weight with getting the default backdated at all?

Thank you :-)

happy_bunny_2

I would say the chances of them having a valid CCA are zero. Never bothered in those days.

I understand your morals in paying it back, but companies need to also play fair and they usually don't.

Problem you have, is that I don't think its Lowells fault. Shop direct decided the default date on selling your account.

Approach I would take is:
1. Stop paying Lowells.

2. Send Lowells CCA request, informing them you will consider restarting payments when they magic it up. Post back when they respond, as they are known for sending a generic one and saying you would have signed this blah...

3. Wait.

Once they fob you off and can't find the CCA, tell them that if they persuade shop direct to correct the default date, they can have some money.

No CCA, no chance of a CCJ.

Only other chance is to try FOS and hope they tell shop direct to change default date.

happy_bunny_2

Forgot, CCA itself won't help change the default date.

emmmski

Ok, so go down the cca route in the hope that I can then use the lack of it as leverage to get the default date changed? Got to be worth a try and I guess that if I stop paying Lowell's ,as they have already defaulted me ,they can't do anymore damage to my credit file than they have already done?
I shall begin this course of action, thank you , again.
Might as well refer the default issue to the fos also, in for a penny and all that!

happy_bunny_2

Good plan. They have trashed your file already

happy_bunny_2

They will send all kind of letters, but no CCA they are stuffed. Just remind them of that if they get funny.

emmmski

Thanks I will keep the post updated

matttye

In addition to what happy_bunny said in post #14, I would send a copy of their letter to the ICO and complain about their ludicrous behaviour.

They have quoted the ICO's guidance on defaults in their letter and then admitted that they're deliberately and wilfully ignoring it. They are completely daft.

Also get the ball rolling on a complaint to the FOS.

stclair

McKneff wrote: »

I think it's even more than £500 now.Go get 'em lol

It's £550.00 now a days.