Lowells DCA - Littlewoods Catalogue

chris9478

fatbelly wrote: »

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!)

Many thanks for the advice!!

It's been a week since I responded to them and I've not heard off them... Should I be worried?? I don't want them pursuing bankruptcy proceedings.

I am technically a homeowner and don't want to risk losing the house!!I haven't lived there for over three years but my ex-husband lives there with his Mrs and baby... He wants to keep the house.

sourcrates

chris9478 wrote: »

Many thanks for the advice!!

It's been a week since I responded to them and I've not heard off them... Should I be worried?? I don't want them pursuing bankruptcy proceedings.

I am technically a homeowner and don't want to risk losing the house!!I haven't lived there for over three years but my ex-husband lives there with his Mrs and baby... He wants to keep the house.

The thing with these companies is they always tell you the worst case scenario, what you have to remember is they bought your account for probably a tenth of its initial value, there sole aim is to collect as much money back as possible, as fast as possible, to make you bankrupt costs them best part of a grand, so they are most unlikely to go down that route, but that's not to say it couldn't happen, the usual scenario is that they will keep writing for a certain amount of time, and if no joy, they either sell the debt on to another DCA or return to original creditor, they have so far not complied with your CCA request anyway, so technically a dispute exists which would prevent any such action, or would form your defence in case they did.

chris9478

I actually replied to BW Legal, the solicitors DCA has instructed to reclaim this money. Would the solicitors have to chase Lowells for the information requested or would they just go bankruptcy route and hope to have the documents available at that time?