Lowells DCA - Littlewoods Catalogue

happy_bunny_2

chris9478 wrote: »

I don't recall signing and sending back a new CCA every time I purchased something. Maybe Lowell couldn't provide the paperwork which is why they opted for the solicitors route!!

Still fairly unsure of where I'm going with this but I managed to wangle another day from the solicitors before I have to respond... Hopefully I'll have a flash of genius during the night!!

Only for Buy now pay later or extended credit terms did you get a new agreement, I think. Normal purchases just went on account.

All bit of a shambles really.

chris9478

I did have buy now pay later items but don't recall sending anything back to them at time of each purchase.

It's an absolute minefield dealing with DCA's!!

happy_bunny_2

chris9478 wrote: »

I did have buy now pay later items but don't recall sending anything back to them at time of each purchase.

It's an absolute minefield dealing with DCA's!!

it certainly is

Never sent mine back either.

Think I got 20 odd default notices from shop direct, all in one go.

chris9478

It's my own fault it's got this far but I don't know where to go now.

Do I return the income and expenditure sheet offering a payment of £20 per month but enclose a letter disputing the amount (as detailed above)? Or will an offer of payment be construed as acceptance of the debt as the Statutory Demand details (3.5K)?

happy_bunny_2

I don't know how the stat demand impacts things at all regarding unenforceability etc. are they applying for a CCJ or to make you bankrupt?

chris9478

happy_bunny wrote: »

I don't know how the stat demand impacts things at all regarding unenforceability etc. are they applying for a CCJ or to make you bankrupt?

They're threatening bankruptcy :0/

rizla_king

chris. If you are not getting the help you need at legalbeagles, then try the CAG legal forum. http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Legal-Issues They also like sticking it to Lowells.

chris9478

I've had some advice on there but no-one has answered my question about making the offer?! I think what I'll do is send the I&E form back with a letter disputing the amount they're chasing. I'll also request the CCA, terms and conditions at account start date and a full transaction history. I won't actually make an offer. It may only buy me a little time but, hopefully I'll get answers from LB and I'll be able to look at the CAG legal forum.

Many thanks :0))

fatbelly

chris9478 wrote: »

I've had some advice on there but no-one has answered my question about making the offer?! I think what I'll do is send the I&E form back with a letter disputing the amount they're chasing. I'll also request the CCA, terms and conditions at account start date and a full transaction history. I won't actually make an offer. It may only buy me a little time but, hopefully I'll get answers from LB and I'll be able to look at the CAG legal forum.

Many thanks :0))

In the absence of advice from elsewhere, my take would be:

Respond, dispute the balance, make an offer of what you can afford (the I/E leads to that anyway).

Remind them that you already made a formal request under s77-79 of the cca 1974 and that this has not been complied with. Give the date when you did this. This is important. It is your legal argument against enforcement.

The problems are that 'enforcement' does not include 'the commencement of proceedings' and that the s77/79 request can be easily complied with.

Hopefully the other site will give you more detailed advice soon (I am keeping an eye on it!)

chris9478

Many thanks for the reply. I'm just about to email my response through to them which is as you've suggested.

I guess I'll hear off them in a few days ��