Advice please on CCA

[Steveho]

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.

[echat11]

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'.

[Steveho]

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.

[echat11]

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

[Steveho]

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.

[Steveho]

Hi,
Lowell have now sent various terms and conditions, letter of assignment, but still no default notice.
I have found the original from capital one dated 2009.
I just need someone if possible to take a look at the paperwork they have sent.
Any advice is much appreciated
Many thanks
Steve

[Steveho]

Also found on the key financial information on the cca one I received in 2009 from original creditor showing foreign transaction fee as 2.75%, the one received today showing 0.0%.
Also terms I received in 2009 showing difference in interest rates from ones received today.
And finally version numbers on terms from 2009 V10#, ones today showing V6#.
Any advice would be really appreciated.
Thank you
Steve

[echat11]

Also found on the key financial information on the cca one I received in 2009 from original creditor showing foreign transaction fee as 2.75%, the one received today showing 0.0%.
Also terms I received in 2009 showing difference in interest rates from ones received today.
And finally version numbers on terms from 2009 V10#, ones today showing V6#.
Any advice would be really appreciated.
Thank you
Steve

Upload them, remove all reference no's and personal details.

[Steveho]

Not sure what the issue is but won't let me upload documents

[echat11]

Not sure what the issue is but won't let me upload documents

What difficulty are you having?

[Steveho]

Hopefully ok