Appealing against default.

edrushuk

Hello Emmski,

I am planning on going down this route to get my default dates backdated. I just wondered if you had took it further and what was the outcome?

Thank you
Susanna

simonp96

Did they ever issue a default notice before logging the default.

I would ask them for this also.

Get the complaint logged with the FOS

emmmski

Had a reply from Lowell today, confirming they had received my cca request and stating that they will do their best to fulfill it within the prescribed 12 day period.
They added that when they took on the debt in July '13 they sent me a letter of assignment and that in doing so have fulfilled their obligation under law of property act 1925. And that they would not normally issue a specific deed of assignment unless the matter had progressed to court action.
Can anyone explain the above to me in laywomans terms?
I stopped paying a month ago and was initially inundated with phone calls but have since e-mailed to say that I refuse to discuss matter until the cca has been received.
Still going to refer to fos too.

Thank you.

iancrt

My guess:
Shop Direct don't have the CCA. When they realised this (probably during an intenal audit) they slapped a default on you so they can sell the debt cheap to Lowells and wash their hands of it.
How cheap Lowells bought it is the question, and may make them open to a very low settlement.
I think you will struggle with removing the default, while guidelines exist they are just that, and either Lowells didnt place it Shop direct did, or Lowells did place it in which case they are complying with guidelines that AP should be temporary.
If Shop direct contacted you every 6 months to re-confirm the Arrangement to Pay what they have done is lawfully correct, though a bit of an unfair practice.
If no CCA appears I think I would try to satisfy the debt for a little as you can (start with an offer of about 10%!) and once marked as such on the CRA sit out the 6 years. If you need to do something big (mortgage) use a decent broker for advice.
A default is bad, but a default that was dealt with and satisfied in a short time looks better than a default that just sits there.

happy_bunny_2

You could try FOS about the default date.

Free for you apart from form filling.

a_owen

Hi, Can anyone help??

I have a default applied to my credit file from Gothia for £124, in March 2012,I have no recollection of letters etc from them, after some investigations I've found out that this was originally with H and M, the default has been applied by Gothia, not H and M, do they have the rights to do this. I had an online account with H and m and they took payments for the whole amount outstanding each month- i don't remember it being a credit account etc. I don't know why there is an outstanding amount, I'm guessing because the payment was refused by the bank. Again, I don't remember any correspondance from H and M either!

This is effecting my credit rating and I'm unable to get a mortgage- can anyone help at all, I need to find out how I can get this removed if at all, or if i pay it and they mark it as settled, will this help improve my rating??
I also have late payments from Virgin money for a credit card and i entered into a payment plan with them after a number of missed payments and they assured me that my credit rating would not be effected as I'd entered into a payment plan, but I have red marks on there for the late/missed payments then green ever since, will these green balance out the red ones or do i need to contact them to have those adjusted too? thaks in advance.

emmmski

I have finally received a reply to my cca request from Lowell. Enclosed is a statement of transactions giving the date account opened as 27/09/1999 but with transactions dated from 2007.
Also a cca from 2008 for my fridge freezer. Gives the amount of credit as £387.90 including credit. This is signed by me as around this time lowell started to send out individual cca's for items ordered.
Lowell are saying that by sending me what they have , they have complied with my cca request and give the balance outstanding on the account as £1903.89. And end by requesting my re-payment proposal.
Can anyone confirm with me if this correct? Surely if they only hold a cca with the amount of credit given as £387 , then they cannot enforce a debt of £1903? Or is it wishing thinking on my part. Any advice as always gratefully received.

Thank you.

happy_bunny_2

No they can't.

The way it works according to shop direct is that the stuff you buy on normal 20 or 40 week terms (I think) gets added to your rolling credit account open a long time ago.

If you buy on extended terms or buy now pay later, they send you a new credit agreement per order.

So they found one of those.

I had 20 odd default notices on this basis.

Opinion on this seems to be it's not a legit way to operate, as you have one account number with an overall credit limit not one account per order on these non standard terms.

Make sense?

emmmski

happy_bunny wrote: »

No they can't.

The way it works according to shop direct is that the stuff you buy on normal 20 or 40 week terms (I think) gets added to your rolling credit account open a long time ago.

If you buy on extended terms or buy now pay later, they send you a new credit agreement per order.

So they found one of those.

I had 20 odd default notices on this basis.

Opinion on this seems to be it's not a legit way to operate, as you have one account number with an overall credit limit not one account per order on these non standard terms.

Make sense?

I think I understand. Just trying to work out what to do next. They obviously are still going to chase me for payment, I guess technically they could look to take me to court for the £387 that's on the cca they sent, do you agree? But the £1900 figure they're quoting is unenforceable?
What I really want is the date changed on the default. Do you think I have any leverage given that they appear to have no valid cca?

Thank you again.

happy_bunny_2

emmmski wrote: »

I think I understand. Just trying to work out what to do next. They obviously are still going to chase me for payment, I guess technically they could look to take me to court for the £387 that's on the cca they sent, do you agree? But the £1900 figure they're quoting is unenforceable?
What I really want is the date changed on the default. Do you think I have any leverage given that they appear to have no valid cca?

Thank you again.

CCA and the default date are unrelated.

Did you complain in writing to Lowell about the incorrect date? They own the account, so it's them you complain to. If so, did you refer to FOS? It's your best option to get the date changed.

I'm not sure that even the £387 would be enforceable, from what I've read on other sites. It's like asking you to sign a new CCA every time you buy something over a certain amount on your credit card....that's not how it's supposed to work. E.g they only report one account to the CRAs with one credit limit and one recorded payment account.

Only a court could answer that question 100%, but there is certainly grounds for defending it. They probably know they would be on dodgy ground if they tried court, but nay threaten it.

The remainder is unenforceable, as they haven't produced any kind of agreement.

HB