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Advice please on CCA

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  • #1

    Advice please on CCA

    Hi,
    Old debt from 2005, Capital one, sold to Lowell 2021, I've been paying regular monthly payments, recently put in a SAR.
    Received statement for payments from 2021 to Lowell, no details on payments amounts to Capital one before 2021.
    CCA sent and stated terms and conditions attached.
    None were sent.
    I have the original terms dated 2011 from Capital one.
    Tags: None
  • #2
    Hi STEVEHO

    Welcome to LB

    If they haven't complied with your CCA request and you've not received the documentation.
    If they haven't sent a copy of the agreement then write back, state that they haven't
    complied with your CCA request. Stop payments until they comply. The account is
    'unenforceable' until they do. They shouldn't mislead you into believing that it is
    'enforceable'.
    • 1 thank

    Comment

    • #3
      Many thanks for the welcome EC,
      I have requested a copy of the CCA, and paid the £1.00.
      The SAR I received had a copy of the credit agreement but no terms.
      Requested a specific agreement with terms this time.
      As I mentioned, the payments only show from 2021 when they purchased the debt from Capital one.
      Many thanks again for the feedback.

      Comment

      • #4
        Originally posted by Steveho View Post
        Many thanks for the welcome EC,
        I have requested a copy of the CCA, and paid the £1.00.
        The SAR I received had a copy of the credit agreement but no terms.
        Requested a specific agreement with terms this time.
        As I mentioned, the payments only show from 2021 when they purchased the debt from Capital one.
        Many thanks again for the feedback.
        You need to make a CCA request under the Consumer Credit Act 1974 (you've done this),
        receiving under a SAR just provides personal information held by an organisation, data protection act.
        Always make sure you get Proof of Postage.

        https://legalbeagles.info/forums/for...-please-on-cca
        • 1 thank

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        • #5
          Hi,
          Looking at the SAR again,it had no default notice from the original creditor,no deed of assignment has been provided to establish their legal standing,a false statement on the SAR stating the terms and conditions were attached when none were present, and no payment history from 2016 back to 2005.

          I have requested another CCA just to make 100% sure.

          Comment

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