Longish Story

[CleverClogs]

Re: Longish story...

Can this be used to get their Consumer Credit Act licences revoked?

[CleverClogs]

Re: Longish story...

Yes, they are not obliged to supply the original agreement, but may be required to produce it as proof of the existence of the debt, if they pursue it in court. Unfortunately, non-compliance with a CCA s.77-79 request is NOT in itself proof that there is no agreement, nor that the contract - or debt - is unenforceable.

Are you quite sure?

Section 78(6) of the Consumer Credit Act 1974 (link) suggests that the alleged contract remains unenforceable as long as the creditor fails to comply with a request made under section 78(1).

[Crusty]

Re: Longish story...

Update as of 2nd October 2012.

Today I received a letter from Lowells syaing that "we have been advised by SAV Credit Limited that the original credit agreement is no longer available due to the length of time since the account was opened with you. We have closed our file etc etc".

While this is great news :tinysmile_grin_t: and once again I thank you all for your advice, how does this affect my original aim to clear the default from my credit file? Do I write to Experian or Lowells? And what do I say - remove it in 28 days or else?

Many thanks Crusty

[Roy Clayton]

Re: Longish story...

Hi Crusty
Good news but did they say how long they were closing your file for. Can't be trusted Lowell. My file was closed in 2009 when Lowell involved McKenzie Hall and Kilmarnock Trading Standards said they were acting in contravention of industry guidelines. MH had just had a slap from the OFT. Lowell opened the file 6 months later. Kulmarnock TS told West Yorkshire TS but West Yorkshire turned a blind eye. I have seen some interesting emails between Lowell and WYTS by the way very friendly and cosy relationship they have.