Lowell debts letter

[Amethyst]

Talk Talk - https://help2.talktalk.co.uk/access-...on-we-hold-you

[Amethyst]

I have 5 in total all same Same 3 are three mobile one is shopacheck and other is BGL which I don’t know what that is

Well, those letters aren't very informative are they lol.....

Only BGL that springs to mind is Compare The Market, so could be an insurance thing, or possibly a payday lender using the same initials. Looks like Lowell ended up with most of your debts over time …and those ones have been written off - for reasons unknown - So they've kept hold of the four the latest letter is relating to - possibly the others were already out of time, or they decided they just weren't worth chasing.

[Deano1907]

Most of the debts written off ranged from £300 upto £900

so i send the SAR direct to talk talk to the address included on that link you posted ?

Do you know the address I need for BT ?

and the CCA letters to Lowell financial Ltd,Ellington house,9 Savannah way,Leeds LS10 1AB

once again sorry for all questions just want to make sure it’s done right

thankyou

[Deano1907]

One last thing what will the CCA letters show ?

will they show when the debt started and when they went into default ?

my CCA letters are now ready to be printed tomorrow and sent off

thanks again

[Amethyst]

They should show the date the agreement was entered in into, all terms, interest rates, payments applicable etc. It won't show default date and I expect it has fallen off your credit file already

Referring to to the relevant bit of legislation should help get your head around it You're interested in paragraph 1 and paragraph 6
78Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

[F2(1A)Where a request under subsection (1) also amounts to a request under regulation 49 of the Payment Services Regulations 2017 (information during period of contract), subsection (1) applies as if the words “and payment of a fee of £1” were omitted.]

(2)If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)(c), he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

(3)Subsection (1) does not apply to—

(a)an agreement under which no sum is, or will or may become, payable by the debtor, or

(b)a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

(4)Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

(b)where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

[F3(4A)Regulations may require a statement under subsection (4) to contain also information in the prescribed terms about the consequences of the debtor—

(a)failing to make payments as required by the agreement; or

(b)only making payments of a prescribed description in prescribed circumstances.]

(5)A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

(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;F4. . .

(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply to a non-commercial agreement, and subsections [F5(4) to (5)] do not apply to a small agreement.

[Deano1907]

Thankyou for that does make it a bit more understandable.

could you please tell me who do I make the cheque payable for the £1 fee

thanks again for all your help appreciated

[Deano1907]

Thankyou for that does make it a bit more understandable.

could you please tell me who do I make the cheque payable for the £1 fee

thanks again for all your help appreciated

[Amethyst]

Just Lowell should be fine

[Deano1907]

Thanks again letters will be ready to post tomorrow so what happens if they don’t respond or send me my agreements with the 12 working days ?

[Amethyst]

Not a lot tbh, they might go quiet, but they SHOULDN'T take court action while they are in default of the CCA request. You might get a reply saying they are obtaining them from the original creditor so the account is on hold. They might send a settlement offer. They might ignore you. It's a matter of see what happens I'm afraid.