CCA request to lowells

[Esy 1]

Re: CCA request to lowells

Posted it on thread 11, which they basically said we no interested.

[FlamingParrot]

Re: CCA request to lowells

I sent a CPR request to HC that FlamingParrot suggested and they just dismissed it in the letter i attached, aren't they supposed to comply with a CPR request ?

Yes, they have to comply with a CPR request, see below:

simple point, they are right that if the agreement ends then the s78 request falls by the way side.

HOWEVER,

Has the agreement been terminated? to work this out we need the default notice.

So if you do not have the default notice then you should ask for a copy of it from HC as they have a duty to disclose under the CPR Pre action protocol pract direction.

A creditor cannot terminate a regulated agreement without a valid default notice, so firstly we need to see fi the DN is valid

Posted it on thread 11, which they basically said we no interested.

The response on post 11 refers to a s.77-79 request, not to a CPR request, which is a completely different thing. I'm getting confused here, just going to double-check what you actually sent.

[FlamingParrot]

Re: CCA request to lowells

I've just gone back to check and you seem to be referring to the response to the LBA where you would have mentioned their failure to comply with a previous S.77-79 request. I see no mention of having sent a request under CPR 31.14, do correct me if I'm wrong and one has been sent. :ohwell:

[gravytrain]

Re: CCA request to lowells

As mentioned earlier the OFT consider that the request should be complied witth

WHEN THE DUTY DOES NOT APPLY
4.1 Sections 77, 78 and 79 set out a limited number of situations where the
duty to supply copies and statements does not apply.
• It does not apply to an agreement under which no sum is, or will or
may become payable by the debtor or hirer. It will therefore not
apply where the agreement has been paid off and terminated. It will
also not apply where judgment has been obtained, unless there is an
interest-after-judgment clause in the agreement which the creditor or
owner has not expressly waived. Where, however, the agreement
has merely been terminated, but monies are or will or may be
payable under it by the debtor or hirer, the OFT considers that the
duty will still apply.2

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

[PlanB]

Re: CCA request to lowells

As mentioned earlier the OFT consider that the request should be complied witth

WHEN THE DUTY DOES NOT APPLY
4.1 Sections 77, 78 and 79 set out a limited number of situations where the
duty to supply copies and statements does not apply.
• It does not apply to an agreement under which no sum is, or will or
may become payable by the debtor or hirer. It will therefore not
apply where the agreement has been paid off and terminated. It will
also not apply where judgment has been obtained, unless there is an
interest-after-judgment clause in the agreement which the creditor or
owner has not expressly waived. Where, however, the agreement
has merely been terminated, but monies are or will or may be
payable under it by the debtor or hirer, the OFT considers that the
duty will still apply.2

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

So would you say that in this instance it's fair to assume that the court should decide whether the creditor should have complied with the OP's section 78 CCA request and it's not Howard Cohen's decision (in advance) because the DN and lawful termination may be in dispute

[FlamingParrot]

Re: CCA request to lowells

As mentioned earlier the OFT consider that the request should be complied witth

WHEN THE DUTY DOES NOT APPLY
4.1 Sections 77, 78 and 79 set out a limited number of situations where the
duty to supply copies and statements does not apply.
• It does not apply to an agreement under which no sum is, or will or
may become payable by the debtor or hirer. It will therefore not
apply where the agreement has been paid off and terminated. It will
also not apply where judgment has been obtained, unless there is an
interest-after-judgment clause in the agreement which the creditor or
owner has not expressly waived. Where, however, the agreement
has merely been terminated, but monies are or will or may be
payable under it by the debtor or hirer, the OFT considers that the
duty will still apply.2

http://www.oft.gov.uk/shared_oft/bus...it/OFT1272.pdf

Sounds like this is the case here, would it be worth writing back to HC quoting the above?

So would you say that in this instance it's fair to assume that the court should decide whether the creditor should have complied with the OP's section 78 CCA request and it's not Howard Cohen's decision (in advance) because the DN and lawful termination may be in dispute

From the wording above, it sounds like they should comply, because the agreement *may* have been terminated, but moneys are still payable and no judgment has been obtained. :grin:

I see no claim has been issued, we're still at the LBA stage, hence no request under CPR 31.14 would have been sent.

[gravytrain]

Re: CCA request to lowells

So would you say that in this instance it's fair to assume that the court should decide whether the creditor should have complied with the OP's section 78 CCA request and it's not Howard Cohen's decision (in advance) because the DN and lawful termination may be in dispute

If it were me I would point out the guideline, in addition to requesting the copy of the agreement they would be relying on to enforce.

As PT says the precedent would probably defunct any section 78 unenforceabilitty claim under the copy regs, but there is no harm in putting them on the back foot,

[bmw2602]

Re: CCA request to lowells

oops

[bmw2602]

Re: CCA request to lowells

oops

[Esy 1]

Re: CCA request to lowells

Yes, they have to comply with a CPR request, see below:
The response on post 11 refers to a s.77-79 request, not to a CPR request, which is a completely different thing. I'm getting confused here, just going to double-check what you actually sent.

Hi sorry i thought i sent a CPR request oops ! not sure what to do now as HC are ignoring my dispute and cca request with lowells which now the 12 days are up ?

[Esy 1]

Re: CCA request to lowells

I've just gone back to check and you seem to be referring to the response to the LBA where you would have mentioned their failure to comply with a previous S.77-79 request. I see no mention of having sent a request under CPR 31.14, do correct me if I'm wrong and one has been sent. :ohwell:

Do you think i should send a CPR 31.14 request to HC or is it to late now !

[FlamingParrot]

Re: CCA request to lowells

Hi sorry i thought i sent a CPR request oops ! not sure what to do now as HC are ignoring my dispute and cca request with lowells which now the 12 days are up ?

See what GT has suggested above:

If it were me I would point out the guideline, in addition to requesting the copy of the agreement they would be relying on to enforce.

As PT says the precedent would probably defunct any section 78 unenforceabilitty claim under the copy regs, but there is no harm in putting them on the back foot,

[FlamingParrot]

Re: CCA request to lowells

Do you think i should send a CPR 31.14 request to HC or is it to late now !

Actually, it may be a bit early! You'd normally send a CPR 31.14 request when they've issued a claim, to request the documents they intend to rely on.

[Esy 1]

Re: CCA request to lowells

do you think i should send lowells a non compiant CCA request as it is over the 12 days ?

[Celestine]

Re: CCA request to lowells

do you think i should send Lowells a non compiant CCA request as it is over the 12 days ?

It certainly won't do any harm to send one.

When/If HC actually issue a claim against you, you will request all documents they refer to in their claim under CPR 31.14. (But ONLY after receipt of a Court Claim).

Just another question, they received this 'debt' in 2009? Did you receive any letters from them in between now and then?