BW Legal/Lowell threatening to take me to court

[ATW]

Re: BW Legal/Lowell threatening to take me to court

• or you could send this ---> CCA Reminder - Unenforceability Threat

I need to learn how to link to those one of these days.

[Deepie]

Re: BW Legal/Lowell threatening to take me to court

• or you could send this ---> CCA Reminder - Unenforceability Threat

[ATW]

Re: BW Legal/Lowell threatening to take me to court

There is no magic wording as long as you refer to the fact that you have made a request for copy documents under s78 (1) and because they have failed to deal with that s78 (6) means that the agreement cannot now be enforced.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Thank you Andrew. Shall I type up exactly what you have said in your post above? Don't want to risk adding anything that they could use against me.

if you can confirm that's what I should do I will get the letter off Friday. Thanks v much again. So helpful and really appreciate

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

I somehow seem to have put my reply within Andrew's post - sorry about that -

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

remind them that you made a request under s78 (1) and that they have failed to reply and that s78 (6) (a) therefore comes into play and it states:

"(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement"

So because of their failure to reply to your s78 (1) request they can't now enforce the agreement and you are not minded to make any voluntary payments.

Thank you Andrew. Shall I type up exactly what you have said in your post above? Don't want to risk adding anything that they could use against me.

[ATW]

Re: BW Legal/Lowell threatening to take me to court

remind them that you made a request under s78 (1) and that they have failed to reply and that s78 (6) (a) therefore comes into play and it states:

"(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement"

So because of their failure to reply to your s78 (1) request they can't now enforce the agreement and you are not minded to make any voluntary payments.

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Just to update - I have not yet heard back from BW legal and the 12+2 days are nearly up. Does anyone have advice on what I do when time is up at the end of this week

[ATW]

Re: BW Legal/Lowell threatening to take me to court

lawyers are incapable of speaking plain English.

Oy. Lol.

[nightwatch]

Re: BW Legal/Lowell threatening to take me to court

can we have a bet on Lloyds (not) finding this ?

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Thanks NID. What should I do now? Wait and see what they come back with? Btw the original creditor they say they're going to be asking for the cca is Lloyd's TSB. Do you know if they have anything to do with creation/duet?

[Never-In-Doubt]

Re: BW Legal/Lowell threatening to take me to court

DUET is just a payment gateway - Sainsburys was one of the last to use it (might still do). It's kinda like Creations own Visa / MasterCard - known as Duet. It used to allow you to (and might still) shop in any of the stores they affiliated with such as Adams, Peacocks & other outlets that they provide branded cards or finance for.

You will need more info as it was probably a store card but that means little

[odetter]

Re: BW Legal/Lowell threatening to take me to court

Sure thing - late 1997/early 1998 I popped into my local Adams childrenswear store and the staff offered me their store card. Which I was accepted for. This was a Duet card and you could use it in several other stores too. Then it changed to creation store card sometime in the early noughties. Can't remember exactly.
ps: casting my mind back I think Duet was part of Selfridges card group late 90s and then the card was taken over by creation. Who are financed by Sygma. But that is not the name of the OC quoted to me in BW legal reply to my request for cca.

Surely Creation was before any other card?

[SXGuy]

Re: BW Legal/Lowell threatening to take me to court

Sounds promising!

[Sharmaine62]

Re: BW Legal/Lowell threatening to take me to court

Sure thing - late 1997/early 1998 I popped into my local Adams childrenswear store and the staff offered me their store card. Which I was accepted for. This was a Duet card and you could use it in several other stores too. Then it changed to creation store card sometime in the early noughties. Can't remember exactly.
ps: casting my mind back I think Duet was part of Selfridges card group late 90s and then the card was taken over by creation. Who are financed by Sygma. But that is not the name of the OC quoted to me in BW legal reply to my request for cca.