CCA has not been provided by Lowell/NewDay Ltd

[EJ4]

Hi
Some guidance would be greatly appreciated, please. I requested my CCA on the 11th of December 2023 for a ShopDirect Ltd store Card (opened 2015), purchased by Lowell. Lowell responded on the 18th of December stating a CCJ had been lodged against me in 2020 negating any obligation to provide it. Upon checking with all 3 CRA's, Lowell confirmed an error had been made - I do not have any CCJs - and they have still not provided the CCA despite another reminder in February. Given that it has now been over 3 months since my request was made, what do you suggest my next step should be. I am currently paying via Step Change Debt Charity; my goal is to repair my credit reports as soon as possible and I do not want to make my situation worse!
Thank you for your time..

[echat11]

a) Stop payments until they provide a copy of the CCA (put the money aside each month).

b) As it stands the debt is 'unenforceable' until they can provide a copy of the CCA.

c) Lodge a complaint against Lowell's, follow their complaints procedure on their website.

They've told you that there is a CCJ against you, when no CCJ exists, so they've tried to mislead you.
That's against the FCA's rules. You could also consider complaining to the ICO.

[EJ4]

Hi

Thank you for taking the time to respond.

I will contact Step Change and ask them to stop the payments to Lowell for this particular account for the time being

I did write to Lowell and I informed them that I had checked all 3 Credit reference Agencies and no such CCJ exists. They wrote back and apologised for their error stating a CCJ had been applied for in 2020 but it was not pursued; therefore they would now request the CCA's (I have two accounts held with them - NewDay and Shop Direct) They subsequently provided a CCA from Shop Direct but so far nothing from NewDay (3 months and still waiting).

I also have one other account that I am paying via Step Change Debt Charity to Link Financial. The default for this account drops off in May (if it is in fact 6 years and not 7 as I've recently read) and they have provided a reconstituted CCA but missing the date the account was opened and credit limit. I requested the full information from them one month ago but so far no response. Is it OK to ask again or simply stop payments. I'm worried about this one, as they have provided some CCA information and as I'm so close to having the default disappear from my file I don't want to rock to boat too much. Should I offer a low settlement figure instead? I'm so desperate to have a financial fresh start for my child and I.

[EJ4]

Good morning

I did write to Lowell and I informed them that I had checked all 3 Credit reference Agencies and no such CCJ exists. They wrote back and apologised for their error stating a CCJ had been applied for in 2020 but it was not pursued - should I still complain? They subsequently provided a CCA from Shop Direct but so far nothing from NewDay (3 months and still waiting).

I have one other account that I am paying via a Debt Charity to Link Financial. Default drops off in May (if it is in fact 6 years and not 7?) and they have provided a reconstituted CCA but it is missing the date the account was opened and credit limit. I requested the full information from them one month ago but so far no response. Is it OK to ask again or simply stop payments? I'm worried about this one, as they have provided some CCA information and as I'm so close to having the default disappear from my file I don't want to rock to boat too much. Can they do much? Should I offer a low settlement figure instead? Thank you

[echat11]

a) I did write to Lowell and I informed them that I had checked all 3 Credit reference Agencies and no such CCJ exists. They wrote back and apologised for their error stating a CCJ had been applied for in 2020 but it was not pursued - should I still complain?

Yes, they held / provided you with incorrect information.

b) They subsequently provided a CCA from Shop Direct but so far nothing from NewDay (3 months and still waiting).

You need to check the CCA from Shop Direct for anomalies, does it comply with CCA 1974 Act?

c) I have one other account that I am paying via a Debt Charity to Link Financial. Default drops off in May (if it is in fact 6 years and not 7?) and they have provided a reconstituted CCA but it is missing the date the account was opened and credit limit. I requested the full information from them one month ago but so far no response. Is it OK to ask again or simply stop payments? I'm worried about this one, as they have provided some CCA information and as I'm so close to having the default disappear from my file I don't want to rock to boat too much. Can they do much? Should I offer a low settlement figure instead?

Wait for a response, if no response, send a follow up letter, until they provide the requested documentation, the account is 'unenforceable'.
Once the Default fall's off your Credit File, it's gone.

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

Update when you get a response.