Old Store Card Debt - Threats of Legal Action and PAP Issued

[Guest]

Hi All.

It is an alleged debt for a store card taken out around 2004.

- I received PAP papers from a debt collector.
- They sent me back some of the documents requested but not the CCA.
- I wrote back to ask them to not contact me again as they did not comply with my request.
- They wrote back to say they're passing the issue back to their client's (Lowell) in-house legal team.

Is it possible that Lowell could just start legal action a) without warning / a new PAP b) without producing the CCA?

The PAP terms say that the creditor should not start proceedings until 30 days after providing the documents requested in the reply form.

Many thanks for any help.

[MIKE770]

probably Lowells in house solicitiors department sent back to

Lowells policy is to start proceedings hoping you give in, many a case they discontinue last minute before they loose there court fee

[jaguarsuk]

Hi All.

It is an alleged debt for a store card taken out around 2004.

- I received PAP papers from a debt collector.
- They sent me back some of the documents requested but not the CCA.
- I wrote back to ask them to not contact me again as they did not comply with my request.
- They wrote back to say they're passing the issue back to their client's (Lowell) in-house legal team.

Is it possible that Lowell could just start legal action a) without warning / a new PAP b) without producing the CCA?

The PAP terms say that the creditor should not start proceedings until 30 days after providing the documents requested in the reply form.

Many thanks for any help.

They cannot commence legal proceeding whilst your CCA request is outstanding as the debt is unenforceable at this stage, hence passing it back.

They will write to you to tell you it's unenforceable, but that it's still outstanding and you should contact them to make payment.

When they do write back to them giving them notice that under the Protection from Harassment Act 1997 they are not to write to you, call you or in any other way communicate with you except to acknowledge this notice and/or produce the Consumer Credit Agreement requested on X regarding the alleged debt.

Should they ignore this you may without further notice to them commence legal proceedings against them for Harassment under the act and would cite Ferguson v British Gas [2009] and Porter v Price [2004] as case precedent.

How much is the alleged debt for?

[donuticing]

Thank you both for the replies and advice.

The alleged debt is for around £250.

Do you think it is likely that Lowell would start a claim and then produce a reconstituted CCA? It is quite an old debt (2004) so I'm assuming if they could get it, they would already have it?