Originally posted by clueless24
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Shop Direct Finance
Catalogue credit account
Commenced 2004?(correction 1994)
Bal £1708.42
Last paid 25-1-10
No arrangement but sending £1 token payment monthly
Acc Owner Shop Direct Finance/ NDR writing
3-2-11 CCA request sent
4-2-11 Delivered
17-2-11 £1 chq cashed
26-2-11 12 + 2 days up on the 23-2-11 No CCA recieved
28-2-11 CCA recieved E-MAILED NIDDY
4-3-11 NIDDY SAYS UE WHOO HOO!!! sent final response recorded delivery
25-3-11 Recieved letter from NDR Notice of payment arrangements £1 per month for a further 12 months.
6-4-11 Letter fron SDG entitled Request to cancel credit agreement and saying they have satisfied my request in accordance with consumer credit act 1974 and I must continue to pay.
6-4-11 Will ignore as advised
13-4-11 Received monthly statement along with the monthly default notice and notification of £12 missed minimum payment fee added to the account.
10-5-11 Received letter from NDR (dated 3-5-11)Notice of default on your agreed arrangement, I have failed to maintain my payments as agreed. 14 days to pay £1 or will result in a Statutory Default Notice being issued which will request full payment.
Will ignore as advised
12-5-11 Recieved 2 default notices one for each account one is fixed account for something I bought on a buy now pay later deal before I got into difficulties and the other is a running account (dated 6-5-11) served under section 87(1) of the Consumer Act 1974 To remedy the breach I should pay the total arrears before 3-6-11
26-5-11 I have pm'd Niddy for further advise on the DN's recieved will await his advise
5-6-11 Recieved monthly statement and notice of default sums added to the account
6-6-11 E mailed Niddy D/F notices to offer further advice
24-6-11 Recieved letter (dated 21-6-11) from SDF giving notice of the assignment of the debt to Lowells on the 6-6-11 any further communications and payments must now be made to Lowells. In the same envelope was a letter from Lowells telling me they now own the debt confirming they bought it on the 6-6-11, goes on that before they selling the account to them SD have checked their records and can find no record of why this should remain unpaid. I must call to pay or they may take court action and send someone to visit me at home
24-6-11 Ignore and wait till they come back to me
8-7-11 Letter from Lowell Financial saying that You were informed recently that your Kays account was sold to Lowells Portfolio because there was an O/S debt that you have not repaid and unless you paid it, it would be sent to us at Lowell Financial the debt collection unit. We can help, what happens if you do not pay, call us.
8-7-11 I2D ignore for now
19-7-11 Several voice text messages on a daily basis over the last couple of weeks asking me to call Lowells
19-7-11 Sent Harrassment by Telephone letter 1.
22-7-11 Have today recieved an email from Lowells advising pay up or else.
Continuing phone calls
29-7-11 Letter received from Lowells. We have still not recieved payment from you, nor is there a repayment plan in place to repay this account. This debt is not going to go away and ignoring the problem could make things worse for me. in an attempt to demonstrate how flexible we are willing to be we would like to offer you a monthly repayment plan, so you no longer have to worry and stop further action, such as litigation. We suggest a monthly plan of £30 per month.
29-7-11 Send Final Response UE
4-8-11 Letter from Lowells re final response UE letter and phone harassment letter. They have acted within guidelines but confirm my number has been removed from thier files. We must advise you that this appears to be the first letter that we have received from you in relation to this account. The o/s balance was sold to lowells on the 16-6-11 as shop direct were unable to collect. Confirms the account was opened on 24-7-94 and last payment 5-11-10. We have contacted the original creditor for a copy of my agreement and account statements, which will serve as documentary evidence of my liability for this debt, we have placed the account on hold while we await this information. Please be advised that, as legal owners of this debt, we are in a position to liase with shop direct on your behalf in order to resolve any issues that you may have. We therefore ask that you forward us further details as to the nature of your dispute then we can communicate with shop direct.
11-8-11 Letter from Lowells advising that they are still awaiting receipt of this information and apologise for the delay. Please note however that we have not recieved a formal request from me under the CCA or the £1 fee, we can therefore advise that we are under no legal obligation to send the information you have requested within a certain time period.We do not hold copies of statements or agreements within our office we cannot state a time period in which these will be recieved. We can advise that your account will remain on hold while we await this information. You will continue to receive updates.
23-8-11 Letter from Lowells we write in respect of above debt which as previously notified we have purchased from SD. We are now entitled to recieve payment of the balance £1708.42 from you and enclose a copy of your statement as requested. Neither shop direct nor ourselves are aware of any reason for non payment. Pay up within 7 days or we may instruct our solicitor.
23-8-11 I2D say's ignore for now
8-9-11 Letter from Lowells enclosing CCA from 2005 (account opened in 1994) Niddy already advised UE . Make payment or contact us within 7 days to agree payment proposals, we reserve right to instruct solicitors to issue legal proceedings against you without further notice.
8-9-11 Sent UE general template
16-9-11 Letter from Lowells We Regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non payment.
23-9-11 letter from Lowells account on hold while they contact OC
7-11-11 Letter from Lowells we are entitled to collect they know of no reason why this should not be paid, contact within 7 days to arrange payment proposals or may instruct solicitor to issue legal preceedings against me without further notice. Also enclosed CCA dated 15/1/05 Niddy says UE (account opened 1994)
Niddy says send Threat by creditor to commence legal action.
17-11-11 Letter from Lowells, we regret to note that despite previous correspondence we have not received payment. Failure to respond may result in further action. Call our advisors to prevent action being taken.
17-11-11 Pixie Ignore for now.
25-11-11 Letter fron Lowells in response to Threat by creditor to commence action, says account on hold whilst they investigate, SDG have complied with CCA and they have provided a recon which they are allowed to do they have asked for copies from SDG and will be in touch.
10-12-11 Incessant phone calls from Lowells (despite their letter of the 4-8-11 confirming my number had been removed from their records) sent telephone harassment letter.
12-1-12 Letter from Lowells Portfolio thank you for your enquiry regarding this account which we referred back to the original creditor. After noting your comments Shop Direct have forwarded to us a reconstituted copy of your agreement as previously provided to you and as promised in our letter of the 21-11-11. copy attached. we trust this now resolves your query and look forward to hearing from you within the next 14 days to discuss repayment, after this time your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding payment.
Ignore for now
24-1-12 Letter from Lowells we wrote to you recently with the answer to a query you raised on your account, we hope this now resolves things and you are in a position to discuss repayment of this debt. Offers payment plan 1 £30 pm or plan 2 £50pm please phone us to arrange payment.
Niddy says ignore for now
8-2-12 Letter from Lowells. We wrote and offered payment options your account remains unpaid. What happens next. As we have answered your query and offered affordable repayment plans we can only assume you are unwilling to repay the money you owe and have had the benefit of. We are now therefore going to obtain a copy of your credit file from Experian and use the information within it to help us decide what course of action to take next. your credit file will highlight things such as whether you have a mortgage and if you are repaying your other commitments on time, we may even obtain your work details if you are currently working. Dependant on what we see will determine what action we take. Our options will be either to use the Court, or use a door step agent who will arrange to visit you and discuss repayments face to face. if we use the courts extra fees will be added, call now to set up repayment.
Sent final response UE
27-2-12 Letter from Lowell. having reviewed your account we can confirm that SDG have previously provided us with a reconstituted copy of your credit agreement a copy of which was sent to you on the 5/1/12 SDG have confirmed that you would have signed this prior to the granting of credit to you.Under section 77/78 of the CCA of 1974 we are not obliged to send you an exact copy of your signed agreement.We are required by those sections of the CCA 1974 to provide you with a recon copy of the version you would have signed. You have confirmed as much in your latest correspondence.
We can confirm we have satisfied our obligation to provide you with information relating to this debt.
As you are disputing this point we would require you to provide us with a copy of the documents sent to you in relation to your CCA request under s77/78 so that we may review them. In the event that you are unable to do this we would advise that we have nothing further to add which may be considered constructive. We have placed your account on hold for 28 days whilst you comply with our request, at which point collection activity will resume.
Catalogue credit account
Commenced 2004?(correction 1994)
Bal £1708.42
Last paid 25-1-10
No arrangement but sending £1 token payment monthly
Acc Owner Shop Direct Finance/ NDR writing
3-2-11 CCA request sent
4-2-11 Delivered
17-2-11 £1 chq cashed
26-2-11 12 + 2 days up on the 23-2-11 No CCA recieved
28-2-11 CCA recieved E-MAILED NIDDY
4-3-11 NIDDY SAYS UE WHOO HOO!!! sent final response recorded delivery
25-3-11 Recieved letter from NDR Notice of payment arrangements £1 per month for a further 12 months.
6-4-11 Letter fron SDG entitled Request to cancel credit agreement and saying they have satisfied my request in accordance with consumer credit act 1974 and I must continue to pay.
6-4-11 Will ignore as advised
13-4-11 Received monthly statement along with the monthly default notice and notification of £12 missed minimum payment fee added to the account.
10-5-11 Received letter from NDR (dated 3-5-11)Notice of default on your agreed arrangement, I have failed to maintain my payments as agreed. 14 days to pay £1 or will result in a Statutory Default Notice being issued which will request full payment.
Will ignore as advised
12-5-11 Recieved 2 default notices one for each account one is fixed account for something I bought on a buy now pay later deal before I got into difficulties and the other is a running account (dated 6-5-11) served under section 87(1) of the Consumer Act 1974 To remedy the breach I should pay the total arrears before 3-6-11
26-5-11 I have pm'd Niddy for further advise on the DN's recieved will await his advise
5-6-11 Recieved monthly statement and notice of default sums added to the account
6-6-11 E mailed Niddy D/F notices to offer further advice
24-6-11 Recieved letter (dated 21-6-11) from SDF giving notice of the assignment of the debt to Lowells on the 6-6-11 any further communications and payments must now be made to Lowells. In the same envelope was a letter from Lowells telling me they now own the debt confirming they bought it on the 6-6-11, goes on that before they selling the account to them SD have checked their records and can find no record of why this should remain unpaid. I must call to pay or they may take court action and send someone to visit me at home
24-6-11 Ignore and wait till they come back to me
8-7-11 Letter from Lowell Financial saying that You were informed recently that your Kays account was sold to Lowells Portfolio because there was an O/S debt that you have not repaid and unless you paid it, it would be sent to us at Lowell Financial the debt collection unit. We can help, what happens if you do not pay, call us.
8-7-11 I2D ignore for now
19-7-11 Several voice text messages on a daily basis over the last couple of weeks asking me to call Lowells
19-7-11 Sent Harrassment by Telephone letter 1.
22-7-11 Have today recieved an email from Lowells advising pay up or else.
Continuing phone calls
29-7-11 Letter received from Lowells. We have still not recieved payment from you, nor is there a repayment plan in place to repay this account. This debt is not going to go away and ignoring the problem could make things worse for me. in an attempt to demonstrate how flexible we are willing to be we would like to offer you a monthly repayment plan, so you no longer have to worry and stop further action, such as litigation. We suggest a monthly plan of £30 per month.
29-7-11 Send Final Response UE
4-8-11 Letter from Lowells re final response UE letter and phone harassment letter. They have acted within guidelines but confirm my number has been removed from thier files. We must advise you that this appears to be the first letter that we have received from you in relation to this account. The o/s balance was sold to lowells on the 16-6-11 as shop direct were unable to collect. Confirms the account was opened on 24-7-94 and last payment 5-11-10. We have contacted the original creditor for a copy of my agreement and account statements, which will serve as documentary evidence of my liability for this debt, we have placed the account on hold while we await this information. Please be advised that, as legal owners of this debt, we are in a position to liase with shop direct on your behalf in order to resolve any issues that you may have. We therefore ask that you forward us further details as to the nature of your dispute then we can communicate with shop direct.
11-8-11 Letter from Lowells advising that they are still awaiting receipt of this information and apologise for the delay. Please note however that we have not recieved a formal request from me under the CCA or the £1 fee, we can therefore advise that we are under no legal obligation to send the information you have requested within a certain time period.We do not hold copies of statements or agreements within our office we cannot state a time period in which these will be recieved. We can advise that your account will remain on hold while we await this information. You will continue to receive updates.
23-8-11 Letter from Lowells we write in respect of above debt which as previously notified we have purchased from SD. We are now entitled to recieve payment of the balance £1708.42 from you and enclose a copy of your statement as requested. Neither shop direct nor ourselves are aware of any reason for non payment. Pay up within 7 days or we may instruct our solicitor.
23-8-11 I2D say's ignore for now
8-9-11 Letter from Lowells enclosing CCA from 2005 (account opened in 1994) Niddy already advised UE . Make payment or contact us within 7 days to agree payment proposals, we reserve right to instruct solicitors to issue legal proceedings against you without further notice.
8-9-11 Sent UE general template
16-9-11 Letter from Lowells We Regret to note that despite previous correspondence regarding your account, we have not received payment or a valid reason for non payment.
23-9-11 letter from Lowells account on hold while they contact OC
7-11-11 Letter from Lowells we are entitled to collect they know of no reason why this should not be paid, contact within 7 days to arrange payment proposals or may instruct solicitor to issue legal preceedings against me without further notice. Also enclosed CCA dated 15/1/05 Niddy says UE (account opened 1994)
Niddy says send Threat by creditor to commence legal action.
17-11-11 Letter from Lowells, we regret to note that despite previous correspondence we have not received payment. Failure to respond may result in further action. Call our advisors to prevent action being taken.
17-11-11 Pixie Ignore for now.
25-11-11 Letter fron Lowells in response to Threat by creditor to commence action, says account on hold whilst they investigate, SDG have complied with CCA and they have provided a recon which they are allowed to do they have asked for copies from SDG and will be in touch.
10-12-11 Incessant phone calls from Lowells (despite their letter of the 4-8-11 confirming my number had been removed from their records) sent telephone harassment letter.
12-1-12 Letter from Lowells Portfolio thank you for your enquiry regarding this account which we referred back to the original creditor. After noting your comments Shop Direct have forwarded to us a reconstituted copy of your agreement as previously provided to you and as promised in our letter of the 21-11-11. copy attached. we trust this now resolves your query and look forward to hearing from you within the next 14 days to discuss repayment, after this time your account will be transferred to our debt collection agent Lowell Financial who will contact you regarding payment.
Ignore for now
24-1-12 Letter from Lowells we wrote to you recently with the answer to a query you raised on your account, we hope this now resolves things and you are in a position to discuss repayment of this debt. Offers payment plan 1 £30 pm or plan 2 £50pm please phone us to arrange payment.
Niddy says ignore for now
8-2-12 Letter from Lowells. We wrote and offered payment options your account remains unpaid. What happens next. As we have answered your query and offered affordable repayment plans we can only assume you are unwilling to repay the money you owe and have had the benefit of. We are now therefore going to obtain a copy of your credit file from Experian and use the information within it to help us decide what course of action to take next. your credit file will highlight things such as whether you have a mortgage and if you are repaying your other commitments on time, we may even obtain your work details if you are currently working. Dependant on what we see will determine what action we take. Our options will be either to use the Court, or use a door step agent who will arrange to visit you and discuss repayments face to face. if we use the courts extra fees will be added, call now to set up repayment.
Sent final response UE
27-2-12 Letter from Lowell. having reviewed your account we can confirm that SDG have previously provided us with a reconstituted copy of your credit agreement a copy of which was sent to you on the 5/1/12 SDG have confirmed that you would have signed this prior to the granting of credit to you.Under section 77/78 of the CCA of 1974 we are not obliged to send you an exact copy of your signed agreement.We are required by those sections of the CCA 1974 to provide you with a recon copy of the version you would have signed. You have confirmed as much in your latest correspondence.
We can confirm we have satisfied our obligation to provide you with information relating to this debt.
As you are disputing this point we would require you to provide us with a copy of the documents sent to you in relation to your CCA request under s77/78 so that we may review them. In the event that you are unable to do this we would advise that we have nothing further to add which may be considered constructive. We have placed your account on hold for 28 days whilst you comply with our request, at which point collection activity will resume.
But should I respond with anything please?
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