Lowell - CCA Request - Help Please

[Molly2015]

Hello,

I received a letter from Lowell earlier this year stating they had purchased an old debt of mine from Provident credit.

I put a CCA request straight on them and last week received a letter stating because the account is so old they could not provide statements but could confirm that the latest payment on the account was for a certain amount therefore they were happy that the amount owed was correct and to start making payments to them.

I quickly sent a letter back stating they had not complied with my CCA.

I have since received a copy of the agreement but no statement of account showing payments made.

Will the debt remain unenforceable until they can provide a breakdown of the payments made or should I now offer a payment plan based on the agreement being provided?

Please advise. I am thinking write back to them and point out that they have not supplied a statement as requested?

[Molly2015]

Re: Lowell - CCA Request - Help Please

Help please I am in the process of buying a house and don't want this to mess up my mortgage. I am happy to offer a full and final settlement once my mortgage has gone through but need to know how to keep them off my back until then.

Also apologies I have posted this in the wrong thread.

[nemesis45]

Re: Lowell - CCA Request - Help Please

Hi, welcome to LB.

A CCA request allows for the supply of the agreement and an up to date current statement of the account no an historic statement.

When wsa the last payment made?

I guess this alleged debt is showing on your credit files already as a " defaulted account" now owned by Lowell, have you checked?
If not check Noddle Free Online. If it is showing it's already affecting your credit rating.

As to the agreement is it complete/compliant with the CCA request? If you can post acopy here after removing personal identifiers it would help us to advise further.

If you have difficulty with this I'm sure [MENTION=49370]Kati[/MENTION] will be able to assist.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

Hi Nem, thanks for replying.

Yes it shows on my credit file as a defaulted account now owned by Lowell. Defaulted date is March 2012.

I am unsure of last payment paid the letter I received only confirms the amount of the last payment and doesn't confirm date or total amount paid.

My mortgage provider is aware of the current default and has agreed my mortgage with this. I have only just put the offer in on my house though and don't want this to somehow mess it up during the completion process.

The agreement is at home I can post tomorrow but looks like it is a valid one. Photocopy of the original with my signature with a few pages of blank terms and conditions attached.

[nemesis45]

Re: Lowell - CCA Request - Help Please

Hi Nem, thanks for replying.

Yes it shows on my credit file as a defaulted account now owned by Lowell. Defaulted date is March 2012.

I am unsure of last payment paid the letter I received only confirms the amount of the last payment and doesn't confirm date or total amount paid.

My mortgage provider is aware of the current default and has agreed my mortgage with this. I have only just put the offer in on my house though and don't want this to somehow mess it up during the completion process.

The agreement is at home I can post tomorrow but looks like it is a valid one. Photocopy of the original with my signature with a few pages of blank terms and conditions attached.

OK Molly,

Let's take a look at the agreement, Provident's paperwork has a reputation for defects I'll look out for your post.

nem

- - - Updated - - -

Hi Nem, thanks for replying.

Yes it shows on my credit file as a defaulted account now owned by Lowell. Defaulted date is March 2012.

I am unsure of last payment paid the letter I received only confirms the amount of the last payment and doesn't confirm date or total amount paid.

My mortgage provider is aware of the current default and has agreed my mortgage with this. I have only just put the offer in on my house though and don't want this to somehow mess it up during the completion process.

The agreement is at home I can post tomorrow but looks like it is a valid one. Photocopy of the original with my signature with a few pages of blank terms and conditions attached.

OK Molly,

Let's take a look at the agreement, Provident's paperwork has a reputation for defects I'll look out for your post.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

Page 1

[Molly2015]

Re: Lowell - CCA Request - Help Please

Hi Nem,

Managed to go and get them and upload them

[nemesis45]

Re: Lowell - CCA Request - Help Please

Page 1

That is Not an agreement it is what it says " Pre Contract Information" not any form of contract, if you have also received some t's and c's they are attempting to claim this is a reconstituted agreement I do not believe this is compliant and does not meet the requirements of your CCA request.

Are there 2 distinct sets of t's & C's Molly?

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

Hi Nem,

First page is the confidential information sheet which states fixed sum loan agreement at the top then has all of my details and my signature on - date etc.
2nd page is the pre-contract credit information which is all blank,
3rd / 4th and 5th pages are fixed sum loan agreements which are all blank and look exactly the same to me
6th and final page has other important information / terms and conditions and a section about using personal information

[nemesis45]

Re: Lowell - CCA Request - Help Please

Hi Nem,

Managed to go and get them and upload them

Hello Molly the 1st 3 attachments look all the same as far as I can see. are they?

Also there doesn't appear to be enough terms and conditions.

I'm going to as [MENTION=6]Amethyst[/MENTION] to take a look as well.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

Yeah they all the look the same to me and are all blank other than the first page with my signature on.

They have placed my account on hold for 30 days to give me time to review the information which makes me think that there is something wrong with the paperwork or why place the account on hold?

[nemesis45]

Re: Lowell - CCA Request - Help Please

Yeah they all the look the same to me and are all blank other than the first page with my signature on.

They have placed my account on hold for 30 days to give me time to review the information which makes me think that there is something wrong with the paperwork or why place the account on hold?

I Really don't think that the documents are compliant with a CCA request as a copy or a reconstituted agreement .
This is typical Lowell attempting to bull shit people into paying.

Not enough T's & C's IMO, Was the agreement rewritten at anytime due to further borrowing?

Are the letters signed by Andrew Bartle or Lowell Solicitors Ltd?

nem

I have to agree all very suspicious!! The 30 days " On hold " is in writing I hope??

- - - Updated - - -

Yeah they all the look the same to me and are all blank other than the first page with my signature on.

They have placed my account on hold for 30 days to give me time to review the information which makes me think that there is something wrong with the paperwork or why place the account on hold?

I Really don't think that the documents are compliant with a CCA request as a copy or a reconstituted agreement .
This is typical Lowell attempting to bull shit people into paying.

Not enough T's & C's IMO, Was the agreement rewritten at anytime due to further borrowing?

nem

I have to agree all very suspicious!! The 30 days " On hold " is in writing I hope??

[Molly2015]

Re: Lowell - CCA Request - Help Please

I originally put the CCA request on them back in March. A letter arrived last week confirming that no statements could be provided due to the age of the account and their investigations have shown the amount owed to be correct and for me to login to their website and set up a payment plan (giving me 30 days hold on the account to review the information provided) (signed by customer services manager).

I emailed them thanking them for the letter and attaching my original CCA request informing them they had not complied. I then received the attached documents in the post with a compliment slip with no name or signature for their representative

[nemesis45]

Re: Lowell - CCA Request - Help Please

I originally put the CCA request on them back in March. A letter arrived last week confirming that no statements could be provided due to the age of the account and their investigations have shown the amount owed to be correct and for me to login to their website and set up a payment plan (giving me 30 days hold on the account to review the information provided) (signed by customer services manager).

I emailed them thanking them for the letter and attaching my original CCA request informing them they had not complied. I then received the attached documents in the post with a compliment slip with no name or signature for their representative

What would you like to do Molly I can draft a letter rejecting the alleged agreement and telling them to go away, or ignore them but I suspect this might lead to Lowell solicitors issuing an half baked claim.

nem

[Molly2015]

Re: Lowell - CCA Request - Help Please

if you could draft a letter rejecting the agreement that would be great i definately think they will go for a claim next so would rather stop it now if i can