Lowells CCA completed outside timeframe

[T.Rusty]

Hi,

I have a debt that was taken over by Lowells in Oct 2017. The original debt started April 2014. Lowells sent me a Letter of Claim at the start of the year forcing me to respond to them before they took court action. I read around a bit and it seemed sending a CCA request was the best course of action. I sent off my filled in template and £1 cheque by recorded delivery, which they received on 20/1/19. I then received a letter to confirm they were going to try to produce the documents. I received another letter 3 weeks later saying they were still trying to locate the documents. They finally managed to send me the documents in a letter dated 4/3/19. The documents seem to all be in order, and the letter is asking me to contact them with regard to how I want to proceed, and if I don't they will seek a CCJ,

From what I understand, the debt is now still legal, and they have produced the requested documents, but unenforceable as they did not comply with the request within the 12 day window.
I couldn't find too much information on what to do next, it seems like I can now either choose to pay and be done with it, or stand my ground and go to court. I am tempted to go with the latter but am worried about wasting more time and money and potentially losing.
The debt as it stands is for £886.

[T.Rusty]

Any help or advice would be greatly appreciated

[Amethyst]

Hiya, Apologies for missing your previous post... it does sound like you did the right thing with regards the letter of claim. You also sent the CCA request off, which was the right thing to do as well. So, downside is that they seem to have complied and you are happy with the documentation provided ... so your options are limited, you can let them take you to court, which will add costs and if they have provided the documents and everything is valid, and it isn't statute barred, seems a little bit pointless, particularly with such a recent debt, and could well result in your having a CCJ on your file for 6 years... obviously we haven't seen any of the documents or know anything about the original debt .... but it seems like you are going to want to negotiate a settlement or installment plan for repaying the debt.

The 12 days is a bit of a misconception I'm afraid - the debt is only unenforceable after the 12 days UNTIL they provide the documents ( which they have now done ) when it becomes enforceable again.

So any other issues with the original debt ? PPI etc ?

so CCA 1974 wise.... if a loan

77(4)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

if a credit card / catalogue

78(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. . .

[T.Rusty]

Thanks so much for the reply, no other issues with the original debt.
I will have to give Lowells a call and see what can be worked out with them.

Thank again for the help