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Hi, apologies if this is not the correct place to post this - it’s my first post on here.
I have requested my CCA from Lowell for a defaulted loan taken out originally through BetterBorrow/Chetwood Finance. I can also see the credit intermediary of Freedom Finance (I have never known this!) I have asked Lowell if this document is a true copy, but replied giving me a definition of a true copy –but never confirmed if this document is a true copy or enforceable. My aim is being able to make a settlement offer.
Could anyone please see if in their opinion, Lowell has provided information for the loan to be enforceable?
They uploaded these documents to my online portal – but then emailed 3 days later stating:
“Your request under sections 77/78 Consumer Credit Act
You’ve made a request for documents under sections 77/78 of the Consumer Credit Act 1974.
We do not currently hold all the documents for this debt, but we have requested these from Chetwood Financial Limited and, once received, we will post them on your online account at lowell.co.uk for you to view and download.”
Any help would be most appreciated, this site has been a godsend! -
it wont let me upload the file - is it because its a PDF?
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No but the file size might be too big. Email it to me and I'll take a look at it in the morning and see what I can do. nick@legalbeaglesgroup.comComment
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Is that the final document sent or are you awaiting the copies you mention in first post?"Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012
)
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Hi thanks for you reply - these are the documents Lowell uploaded to the portal on the 25th July. when i requested the CCA .
They then emailed me 3 days later -
You’ve made a request for documents under sections 77/78 of the Consumer Credit Act 1974.
We do not currently hold all the documents for this debt, but we have requested these from Chetwood Financial Limited and, once received, we will post them on your online account at lowell.co.uk for you to view and download.”
I haven't received anything else since. Im not sure what i should even be waiting for? sorry for my lack of knowledge on this!
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There should be a Default Notice (after you missed payments, they should have sent this to you, asking you to bring the account up to date, the consequences of not bringing the account up to date and what you can do if you can't. It should also state where you can get independent advice).
There should be Letters of Assignment (when the account was sold, you normally get a letter form the seller and one from the buyer, essentially a 'Welcome' letter and a 'Goodbye' letter, all very pleasant).
But these need to be compliant as everything else, they can't run 'roughshod' over the CCA 1974 or your rights.Comment
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No they haven't sent me anything like that, just the documents attached. Do you think i should go straight in and ask them to confirm the debt is enforceable/ me state because they have not sent me adequate documents, the debt is currently unenforceable - or should i wait a while to see if they produce any other documents like the ones you've mentioned above?
It defaulted in 2022 so still has a few years left on my credit report, but dont want to make them rush to "find" the documents ans issue a CCJ! i,m currently paying £20 p/m to Lowell online (not direct debit). Thanks for your help.Comment
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I would wait to see if they provide anything else.Originally posted by kcrcic View Post
You don't just get a CCJ, the only way you get a CCJ is if you ignore a Court Judgement,
it's quite a lengthy process, there is Mediation (independent) built into the Small Claims Court
process. A Court will only ask you to pay what you can afford.
Update when you receive any correspondence.Comment
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Hi.
a couple of observations.
If those documents were a true copy of your loan then it seems to me that they could very well discharge the s77 obligations. Do we have the original agreement?
Secondly as the loan has expired ie the 48 months have passed there is no need for a Default notice. They can pursue the debt as being due and payable, subject to compliance with s77A consumer credit act.
So what statements did you receive? You should have recieved a statutory statement each year. Did you?
S77A requires a specific statement in a specific format with specific information and if its not there then they cannot charge interest during the breach and they cannot enforce
Hope this helpsI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Hi Thanks for your reply - i cant say i have received yearly statements from my recollection from Lowell. I previously made a SAR request to Better Borrow (original lender) and there is no mention of Lowell Portfolio in any of the documents provided - they did however include a "Notice Of Instruction" from Credit Security. But no "Goodbye letter".The CCA included in the SAR from Better Borrow does seem to match the one Lowell sent, but i will double check.Originally posted by pt2537 View Post
I asked Lowell for documents held for the account and they replied "under sections 77/78 of the Consumer Credit Act 1974, We do not currently hold all the documents for this debt"
It just all seems such a mess and nothing seems to tally up - Im hoping this is a good thing in the long run!
I plan to give it another month before biting the bullet and replying to Lowells email which said they don't hold all of the documents for the debt, asking them to confirm if it is enforceable due to that fact.
I dont have any other ideas at present.
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Hi i just wanted to update this thread to say no further information has been received from Lowell - i am still paying.
From the information i've mentioned in my previous post i was going to now ask if they would confirm if the debt is legally enforceable, due to them confirming they do not hold all documents.
If i do decide to do this would i be better sending a letter or replying to the email sent to me stating they don't have the documents?
Thank you so much for your time and supportComment
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