Shop Direct/ Lowells signed document Enforceable?

[merv7419]

Hi

I have been navigating myself around the forum which I have found immensely helpful, but haven't really posted anything up to now, so here goes;

I currently have an alleged debt with shop direct which is being dealt with by Lowells.

The debt is for £2k+

I have read the guides and templates available and sent a CCA Request o Lowell's in November.

I finally received 2 signed documents. You can see on one document the key financial info is set at £36 in the form of a fixed sum loan.

The other document Is signed and the account number is linked to the first document.

Note that the dates are different so the documents were not signed together.

I don't really have the experience to say if this would be sufficient to make it enforceable but it seems a little incomplete, I have only the 2 pages which I have attached.

Any opinions as to whether this would be deemed enforceable would be much appreciated.

Thank you all.

[The Tech Clerk]

send copy to webmaster@all-about-debt.co.uk for checking

[merv7419]

Ok, Will do

Thanks

[Spud]

Hi and welcome

Send the documents as Techie suggested......

I would give some consideration to removing those letters from your post. I can see you have redacted them in some ways but they still contain information that could be used to link you to this post by sneaky beaky Debt collectors etc

Had they shown personal information I would have removed them for your safety......But obviously its your decision if you want to leave them or not

You have made a positive start there.......fingers crossed for a positive result

[The Tech Clerk]

Hi and welcome

Send the documents as Techie suggested......

I would give some consideration to removing those letters from your post. I can see you have redacted them in some ways but they still contain information that could be used to link you to this post by sneaky beaky Debt collectors etc

Had they shown personal information I would have removed them for your safety......But obviously its your decision if you want to leave them or not

You have made a positive start there.......fingers crossed for a positive result

Removed letters for peep

[Spud]

Probably wise, Thanks Techie

[merv7419]

Hi and welcome

Send the documents as Techie suggested......

I would give some consideration to removing those letters from your post. I can see you have redacted them in some ways but they still contain information that could be used to link you to this post by sneaky beaky Debt collectors etc

Had they shown personal information I would have removed them for your safety......But obviously its your decision if you want to leave them or not

You have made a positive start there.......fingers crossed for a positive result

Thanks for the heads-up Spud

Have sent it to Webmaster for checking.

Will post the ongoing communication for others to see.

[Spud]

No worries.......Its just that you wouldn't want them making the connection with your posts on here and being able to read your next move

Just update us as and when you learn anything

[Warwick65]

Hi Merv

Being a little late to the party I did not see the documents
It might help if you could tell us when the account was opened , was it recently or long ago. This may make a difference as to just what Lowell can or will do.

Other things to bear in mind, whatever Niddy says about the enforceability of the documents are things like, did you ever receive a default notice (can you remember) , when was it defaulted and have you been receiving regulatory notices . What I am saying is that there is a whole lot more to un enforceability than 'just' the agreement.

Good luck

[merv7419]

Hi Merv

Being a little late to the party I did not see the documents
It might help if you could tell us when the account was opened , was it recently or long ago. This may make a difference as to just what Lowell can or will do.

Other things to bear in mind, whatever Niddy says about the enforceability of the documents are things like, did you ever receive a default notice (can you remember) , when was it defaulted and have you been receiving regulatory notices . What I am saying is that there is a whole lot more to un enforceability than 'just' the agreement.

Good luck

Hi Warwick

Account was opened March 2009
Honestly cant remember if we had a default notice or not.
We have been a bit bogged down with paperwork from different DCA's to be honest so this might be a regular theme I'm sorry to say.

I've only just recently been able to start dealing with these letters after some unfortunate life events.

I'm completely out of my depth as you can probably tell, so I really am very grateful for everyone's comments and help.

Niddy kindly emailed me to let me know the agreement is enforceable.

[Warwick65]

HI Merv

Don't worry if you are feeling a bit shellshocked by it all, I think we were all that way to start with.
I'll be honest and say, in the early days I did not keep everything and it was only when I was in a DMP and my provider shouted at me for not forwarding letters that I started to keep everything

If I may suggest, as soon as you get time
Start a file for each debt- to start with you can just put letters into the files but when you get a moment sort them into date order.

This is what I do and I know it is a little OCD
Each letter sent or received gets put in the file in date order. They also get scanned and given a number with brief description e.g 01 CCA request, 02 , CCA response, 03 Pre legal, 04We know where you live
Do you get the idea

Then I save them onto my hard drive with one folder for each debt, these are all also in google drive in the cloud

I then have essentially three copies , a physical one, one on my hard drive and one in the cloud

When I got my claim and instructed Joanna Connolly I was then able to share the appropriate folder with her and Di so they could see if there were any relevant docs - sadly there were over 100 but we won in any case

If Niddy says it is enforceable (don't tell Lowell) it might be worthwhile sending a GDPR request to shop direct for all data- this might show if a DN was ever sent, well it should show and if one isn't showing then I would suggest one wasn't sent. See if anyone else has other opinions

@Diana Mayhew

[merv7419]

Thanks Warwick, Is GDPR the same as an SAR, I was thinking of going down this route to be honest.

Theres also a bunch of charges totalling about £400+ on a demand of around £2k.
Do you think it would be worth requesting a breakdown of charges to maybe contest them?

Thanks again.

[nightwatch]

Hi Merv.

yes GDPR is the same as the SAR, you no longer need to send the £10 fee, it is now free

NW

[merv7419]

Hi Merv.

yes GDPR is the same as the SAR, you no longer need to send the £10 fee, it is now free

NW

Great, I will get this off early next week and keep the forum updated.

Thanks for all your help.

[Joanna Connolly Solicitors]

I can see that you have now received a court claim from Lowell for this debt on your new thread here > https://all-about-debt.co.uk/forum/d...lowells-please

Di