Lowell problems

confusedindebt1

hi ,
can anyone advise on my problem,

lowell entered a ccj and i contested it asking for original credit agreement, they replied saying that the original creditors do not have it however they sent me statements showing that i had an account and showed goods ordered and paid for up until a certain date....is this proof that i had an agrement with original creditors??? or do they need to provide original signed credit agreement to take this action any further..please advise im confused...it was over 5 years ago but im sure all was paid , however i cant prove it was all paid....do they need to prove i entered the original credit agreement, or do i just give in and pay?? its alot of money over £2000

sourcrates

confusedindebt1 wrote: »

hi ,
can anyone advise on my problem,

lowell entered a ccj and i contested it asking for original credit agreement, they replied saying that the original creditors do not have it however they sent me statements showing that i had an account and showed goods ordered and paid for up until a certain date....is this proof that i had an agrement with original creditors??? or do they need to provide original signed credit agreement to take this action any further..please advise im confused...it was over 5 years ago but im sure all was paid , however i cant prove it was all paid....do they need to prove i entered the original credit agreement, or do i just give in and pay?? its alot of money over £2000

Hi,

It's not clear from your post if a CCJ was awarded in judgement or if you have just received a claim form, can you clarify please ?

nic_c

If it has a CCJ, then the court has awarded them the balance of the debt, so any time for proof if it was your debt has past

confusedindebt1

hi thanks for the replies,
no i do not yet have a ccj yet , i have only recieved a letter from court stating that lowell wish to pursue a ccj for the debt, i have filled out the claim form contesting the debt, i also sent a letter to lowell requesting credit agreement(along with my £1 postal order) , they have replied after 1 month saying that they cannot provide the credit agreement, however they have supplied a rather flimsy photocopy of some transactions made for goods which they have stated are statements but they don't look like statements...is this proof that i had an agreement ? or can i still contest due to absence of credit agreement?
thanks

sourcrates

I will move this to a new thread so as not to hijack the original.

sourcrates

Basically if they can't provide proof in the form of a credit agreement they can't obtain judgement against you in court.

So you should defend the claim on that basis.

Tell that to Lowell they will most likely discontinue.

confusedindebt1

Basically if they can't provide proof in the form of a credit agreement they can't obtain judgement against you in court.

So you should defend the claim on that basis.

Tell that to Lowell they will most likely discontinue.


Thanks for that, so basically they cannot pursue me for the debt in any other way either?? i.e bailiffs etc..
sorry this will be my last question and then will move it to another thread. sorry

sourcrates

I've already moved it for you.

No they can't do anything without a valid credit agreement, but you must write and tell them that.

They already know it, but you must let them know you know your rights here too.

confusedindebt1

Thank you so much for the advise , ok, I will write to them and let them know.