Lowell not sent CCA but saying balance is still valid and owing

[Shelby72]

Hello I have received a letter today from Lowell after I requested CCA for two accounts. This letter says responding to query.
We've investigated your query about the outstanding balance that relates to your outstanding Santander (Hoist) Account.

Our findings:-

We are writing to you regarding your contact when you requested copies of the transactional data statement and original agreement.

A review of our records shows that this account was openied on 03/09/1999 and defaulted on 01/03/2011.

Please note that due to the retention period of requesting documents, we are unable to obtain copies of the statement and the original agreement.

The terms and conditions will have been provided at the time of the application.

The last payment made to out client was 13.02.2023. Payments have been made to Lowell and confirm the last one being the 12/07/2023.

What happens next?
We're aware that there is a repayment plan on your accoount and we'll expect your payments to continue as usual, unless you advise us otherwise.

Based on the information provided, we consider the balance to be valid and owing.

Is this a new fancy way of Lowell trying to say that they cannot get the CCA but that doesnt matter because you would have had it at the time and you still have to pay? Am I correct in thinking that because they have not sent me the original CCA and they haven't got it because of the date and they no longer have the documents then I can send them a letter saying I am not paying another penny until they produce the CCA?

Thanks for your help

[echat11]

If they haven't fulfilled your CCA request, which they haven't, stop payments, until they can provide the requested documentation.

They need to be upfront and tell you the account is 'unenforceable', they can't chase the debt through the Courts., although the debt doesn't disappear, they can waste their time chasing the debt.

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

[Clockwork]

Please ensure that when you made the formal requests for the CCA agreements , that you included the required £1 fee for each agreement. If this has been done then Lowell know their responsibilities following your request as detailed in the link supplied by Eclat and they are in breach of your request . These are FCA directions and they are misleading you , the irony being they are FCA regulated , but clearly making their own rules. Great grounds for a complaint if they push it further.