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Overdales solicitors a part of Lowell’s? Updated with response

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  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    edited 22 April 2021 at 7:05AM
    I won't be able to  respond quickly today but -. Use the form, sign and send. Squeeze everything into that tiny box. Don't send a covering letter, just use the form. Send recorded if you think they're playing games, which it sounds like they are.

    If you need time to continue to save, then aim to get it back to them towards the end of the 30 days.

    I doubt they're going to accept 50% but you need to see a proper response. They may just be trying the heavy handed stuff because their evidence is weak. There was a time when shopdirect never bothered to get a signed agreement but that was probably 15 years  ago. Was yours from that era?
  • Dottydoolay
    Dottydoolay Posts: 159 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 22 April 2021 at 9:56AM
    Thankyou perfect, 
    Heres me thinking I was posting today, I will delay a bit then.
    The main bulk account is 21 years old, before this pandemic I had never missed a payment. They have rolled 3 accounts into one all same group though Shop direct as basically they bought the initial holders out years ago/Argos additions was one I think the other was Marshall ward originally. The other 2 accounts were small amounts and they are 14 and 16 years old.

  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Thankyou perfect, 
    Heres me thinking I was posting today, I will delay a bit then.
    The main bulk account is 21 years old, before this pandemic I had never missed a payment. They have rolled 3 accounts into one all same group though Shop direct as basically they bought the initial holders out years ago/Argos additions was one I think the other was Marshall ward originally. The other 2 accounts were small amounts and they are 14 and 16 years old.

    I think the chances of them finding any sort of Consumer Credit Act Agreement is low. I started with CAB in 2000 (debt adviser from 2005) and in my early years we got loads of catalogue write-offs on non-existent credit agreements - got a bit harder after the s127(3) rule change in April 2007.

    I'd be interested to know what @sourcrates thinks
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Even into the late 2000`s shop direct were still sending goods out without obtaining a signed credit agreement, as far as I know they may still be doing so .

    I have known Lowell cave in completely when asked to provide copies of such agreements, as obviously they could not do so.

    I would say they would struggle to evidence this account now, after 21 years, shop direct just don`t keep paperwork that long, there's a very good chance they will discontinue this action once you return the LBA.

    I would also expect them to wait till the very last minute before doing so.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Dottydoolay
    Dottydoolay Posts: 159 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Thankyou so much to you both for your continuous help, advice and support, I will wait until after the bank holiday weekend to send it back recorded delivery and update as soon as I hear back from them.
  • Dottydoolay
    Dottydoolay Posts: 159 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    Just to update Sourcrates and Fatbelly incase you think I had forgot about you.
    The update is no update atm as have had no response at all , recorded post documents did get there and were signed for though.
  • fatbelly
    fatbelly Posts: 22,938 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Well it's just a waiting game then. I'd expect them to send you something, eventually.
    Bit of a difference to their attitude at the start of this thread!

  • Dottydoolay
    Dottydoolay Posts: 159 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    That’s exactly my thoughts, Will they answer me one way or another though? Do they have to? 
    Thanks Fatbelly 
  • Dottydoolay
    Dottydoolay Posts: 159 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 20 May 2021 at 2:18PM
    I have received a letter response just now confirming they have received my response to the pre action protocol.
    They have now advised it’s a consolidated account(which I knew anyway)giving Lowell’s original reference numbers(3 of them) confirming balance, original account opening dates and last payment date received(apart from last payment date and amount everything else was already sent previously) Now calling each one former shop direct account when previously they were exact title specific.

    Advised no interest or charges have been added since assigned to their client.
    They note my comments and have requested relevant documents from the original creditor. These will be provided on receipt. In the meantime they have suspended any activity on the account.
    So now I just wait? 

    So glad this response is here but not really sure if any further forward? 

    Thankyou in anticipation of responses and help, I greatly appreciate it all.
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    That`s quite good news, I would be mightily surprised if they manage to produce anything that purports to be a credit agreement from 2000, however, we will see.

    Keep us updated.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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