Failed to supply CCA request after initial 14 days plus the 30 days extra

[stevi3boy]

Hi, I sent LOWELL a request for a CCA for an old debt, original account Capital one. back on 7 January 2015 giving them 12+2 days to respond. Received a letter dated 12 January 2015 stating ( we are in receipt of your request for a copy of your credit agreement... we will advise you further if it will take longer than the prescribed period.). Received a letter dated 22 January 2015 stating ( We have been in touch with Capital One about the copy of your agreement, they have let us know they are trying to retrieve the agreement from their archive).Received a letter dated 30th January 2015 stating ( We are waiting for your credit agreement). Received a letter dated 24th March 2015 stating (we have ordered statements on your account. As we have requested these from Capital One, it may take some time for them to be returned to us. During this time your account has been placed on hold).

Finally received a letter dated 8 June 2015, ( we enclose copy of your original credit agreement with Capital One in response to your written request... we have stopped collections activity on your account for 30 days whilst we await your proposals for repayment).

It's been 156 days since I sent them a request for CCA, have they defaulted? Therefore has this now become unenforceable by law?

I'm not denying the debt but does this put this Account in Dispute - Section 10 Notice.
What do I do now? pay them a repayment plan ?

Any advice truly grateful

[FlamingParrot]

Re: Failed to supply CCA request after initial 14 days plus the 30 days extra

Hi, I sent LOWELL a request for a CCA for an old debt, original account Capital one. back on 7 January 2015 giving them 12+2 days to respond. Received a letter dated 12 January 2015 stating ( we are in receipt of your request for a copy of your credit agreement... we will advise you further if it will take longer than the prescribed period.). Received a letter dated 22 January 2015 stating ( We have been in touch with Capital One about the copy of your agreement, they have let us know they are trying to retrieve the agreement from their archive).Received a letter dated 30th January 2015 stating ( We are waiting for your credit agreement). Received a letter dated 24th March 2015 stating (we have ordered statements on your account. As we have requested these from Capital One, it may take some time for them to be returned to us. During this time your account has been placed on hold).

Finally received a letter dated 8 June 2015, ( we enclose copy of your original credit agreement with Capital One in response to your written request... we have stopped collections activity on your account for 30 days whilst we await your proposals for repayment).

Is there any chance you could remove your personal details and post up the purported agreement they've sent you? :typing:

It's been 156 days since I sent them a request for CCA, have they defaulted? Therefore has this now become unenforceable by law?

They were in default as long as they didn't respond. The account is unenforceable for as long as the default continues, i.e. as long as they have not provided you with a copy of your agreement. However, that breach can be remedied at any time by sending you a copy. At that point, the account may or may not be unenforceable depending on what it is they have sent amongst other things. The documents have to be evaluated on their own merits and not on the basis that it took them 156 days to supply them.

I'm not denying the debt but does this put this Account in Dispute - Section 10 Notice.

No, since you have received the documents, however, there may be other arguments. Impossible to know without seeing the documents and having a bit more history about this account, such as:

• When did you take out the card?
• When did you default on it?
• When was the last payment made?
• How did you apply for the card?

What do I do now? pay them a repayment plan ?

Any advice truly grateful

Let's not rush, we need to see the documents and more info as above. :ranger:

[stevi3boy]

Re: Failed to supply CCA request after initial 14 days plus the 30 days extra

Hi, thank you for your quick response, I will scan the documents and upload them later.

[stevi3boy]

Re: Failed to supply CCA request after initial 14 days plus the 30 days extra

Hi, applied for the card November 2007 on-line. Not sure on default date, and can't remember when last payment was probably end 2008. Letter dated 31 July 2014 informs us when the account was assigned to Lowell. Also attached letter dated 8 June 2015 paragraph two (we have confirmed with the original creditor that the outstanding balance is correct)? The statements attached is a little vague.
The credit agreement was a rough copy, and difficult to see anything.
Many thanks for your time.

[stevi3boy]

Re: Failed to supply CCA request after initial 14 days plus the 30 days extra

Hi,
Any advice truly grateful.