Overdales - no CCA for a defaulted debt almost 6 years old

[Cloudy43]

Hi,

In Feb 2019 my Barclays credit card went into default which was then handled by Lowell. Overdales later took over and I received a Court claim form in 2020. To prevent the case going to a CCJ, I contacted Lowell and we agreed a repayment plan. I had stuck to this arrangement until Aug this year at which time my payment bounced to them. I decided to request the CCA agreement with the £1 cheque payment via recorded delivery. They responded about 15 days later, stating that a CCJ was entered against me previously and a repayment plan was agreed on that basis. They added that they did not have to provide me with the CCA because they had entered the CCJ against me.but, as a gesture of goodwill, would request it from my creditor - Lowell.

I replied to their postal letter via email and told them that I had done all the necessary checks and could confirm there was/is no CCJ against me. I asked for the court ref number.

Overdales have replied today saying that they have not been able to find the CCA so have sent me the account statement instead. And have given me 7 days to put a payment back in place or they MAY take enforcement action.

The default will be removed from my credit file in Feb next year, so can they take legal action still against me without the CCA for a debt in default that is nearly 6 yrs old?

Annita

[echat11]

Hi Cloudy

Welcome to LB

The following two statements contradict each other:

'They responded about 15 days later, stating that a CCJ was entered against me previously and a repayment plan was agreed on that basis. They added that they did not have to provide me with the CCA because they had entered the CCJ against me.but, as a gesture of goodwill, would request it from my creditor - Lowell.'

'I replied to their postal letter via email and told them that I had done all the necessary checks and could confirm there was/is no CCJ against me. I asked for the court ref number.'

Write / Email to Overdales state that you need more then 7 days as you are seeking help with this matter and as the festive period is here, you'll have to wait until the new year to get the help that you need. Seek 45 days.

Send Lowell's a SAR, request, they have 30 days to provide all the data under the account. Make sure you get Proof of Postage. The SAR should provide details of a CCJ, if one exists. Then once you have that information you can make better decisions.

https://legalbeagles.info/library/gu...ccess-request/

Update the thread when you get a response.

[Cloudy43]

Hi,

Thank you. I have emailed Overdales as you have suggested.

I am really certain there is no CCJ as I have paid the £6 fee to https://www.trustonline.org.uk/?gad_...SAAEgK8Y_D_BwE which confirmed no CCJ.

What I really want to know is, does Lowell/Overdales have power to claim for a CCJ without the CCA for a debt that will be 6 years old in February?

[echat11]

Hi,

Thank you. I have emailed Overdales as you have suggested.

I am really certain there is no CCJ as I have paid the £6 fee to https://www.trustonline.org.uk/?gad_...SAAEgK8Y_D_BwE which confirmed no CCJ.

What I really want to know is, does Lowell/Overdales have power to claim for a CCJ without the CCA for a debt that will be 6 years old in February?

The debt is 'unenforceable' if they can't provide a copy of the CCA and there is no CCJ.