Lowell Finance....again!

[StigTheToaster]

Hi to everyone. Hope someone can help me with this. I have had Lowell Finance chasing me since last November for a debt they claimed they had bought from HBOS. I sent them the request for the original credit agreement at the end of February 2014. They eventually replied on the 5th March saying that they had been unable to obtain this from HBOS and were 'closing my account'.

They have now written to me again, dated 17th May enclosing a copy of a credit agreement and details of the account, plus a further demand for payment. My question is, due to the time elapsed are they still legally allowed to pursue this. My understanding was that under the Consumer Credit Act they were obliged to provide the credit agreement within a fixed period, otherwise they had to drop the matter.

Advice please.

[FlamingParrot]

Re: Lowell Finance....again!

Welcome to LB

Hi to everyone. Hope someone can help me with this. I have had Lowell Finance chasing me since last November for a debt they claimed they had bought from HBOS. I sent them the request for the original credit agreement at the end of February 2014. They eventually replied on the 5th March saying that they had been unable to obtain this from HBOS and were 'closing my account'.

They have now written to me again, dated 17th May enclosing a copy of a credit agreement and details of the account, plus a further demand for payment. My question is, due to the time elapsed are they still legally allowed to pursue this. My understanding was that under the Consumer Credit Act they were obliged to provide the credit agreement within a fixed period, otherwise they had to drop the matter.

It is a common misconception that failure to comply with a CCA request within the 14 day timeframe makes the account unenforceable forever. In fact, it's only unenforceable for as long as they are in default of your request.

Whether the account is still unenforceable or not would depend on what exactly they sent in response to your CCA request. :decision:

Could you scan or take a picture hoto: of the purported agreement and post it up here? :typing:

See this for reference about uploading documents to the site: http://www.legalbeagles.info/forums/...700#post431700 :nerd:

Can you tell us a bit more about this account, such as when you last made a payment and when it was opened?

[ncf355]

Re: Lowell Finance....again!

Hi,

this area (welcome) tends to be just 'say hi!' area so you are liekly to get a better response under the DCA (Debt Collection Agencies) section of the forum:

http://www.legalbeagles.info/forums/...ction-Agencies

However, very quickly -

They would be entitled to chase the debt if they have provided a copy of the agreement

There are a few qualifiers to this though -

1) Have you actually acknowledged the debt in the last 6 years (in writing) or made a payment?

2) The agreement has to be a copy of the agreement as it stood at the time you took the loan/credit card (which type is it?)

3) Even if they have this, to be able to enforce it at court the agreement would have to comply with the terms of the Consumer Credit Act 1974 (a lot don't, though the older the better in this case)

4) In addition, they would have to serve a valid Default notice (under Section 87, CCA 1974) before attempting court action

There are many.many other variables that could affect their right to attempt a claim

If they are unlikely to be able to enforce at court it would then basically be up to you to decide whether to pay them or not (e.g: how much you are able to just 'file and forget' any letters you receive from them attempting to chase the debt

A big rule (if you don't already know) is NEVER talk to them on the phone, keep everything in letter

If you can re post in the section I detailed above, will try and get someone to merge the 2 posts

[ncf355]

Re: Lowell Finance....again!

LOL, in the time I took to write that FP beat me to it