No credit agreement

[Scotflying]

In January 2022 I received a letter from Hoist regarding a debt I did not recognise. I requested a copy of the original credit agreement and I received a letter saying that despite all their efforts they could not source this from the original creditor and that they were unable to take legal action and the account was updated to unenforceable and the debt was removed from my credit file and they made no further contact until they advised Lowell were acquiring Hoist an the account was being transferred. In March 2023 I was contacted by Lowell regarding the debt I again requested a copy of the original credit agreement and provided them with a copy of the letter from Hoist. They responded by saying this had been provided by Hoist and they were not obliged to provide it again I am disputing their claim I have never received a copy and I still maintain the debt is unenforceable and believe they have given me misleading information what more can I do and if legal action is taken can I request a copy is provided to the courts..thanks for any help

[echat11]

Hi Scotflying

Welcome to LB

a) I was contacted by Lowell regarding the debt I again requested a copy of the original credit agreement and provided them with a copy of the letter from Hoist.

They haven't provided a copy of the CCA agreement, so the debt is 'unenforceable' until they do.

b) They responded by saying this had been provided by Hoist and they were not obliged to provide it again I am disputing their claim

If you send a CCA request to Lowell's then they have to respond, if they fail to provide a copy of the CCA agreement, then the debt is 'unenforceable'.

c) I have never received a copy and I still maintain the debt is unenforceable and believe they have given me misleading information what more can I do and if legal action.

Make a formal complaint to Lowell's in writing. Make sure you get Proof of Postage. Follow their complaint procedure it will be on their website, when you get a final response / Deadlock letter, if you still aren't happy, lodge a complaint with the FOS.

Have a read of the following: Failure to Comply -

https://www.handbook.fca.org.uk/hand...ate=2016-03-07