Lowell - When To Send CCA Request / Initiate contact?

[claritydude]

Lowell have written to me regarding a CC debt from around 15 years ago for around £3k which they have purchased from original creditor.

Haven't made a payment in around 5 years and was waiting on it to become Statute Barred but not the case.

So far Ive had 1 x letter and 1 x text message from them.

Whats the play here please?

Is it wait it out or send CCA request as soon as?

How quickly will they / do they take action

Advice appreciated and I am aware there are loads of Lowell requests right now.

[echat11]

Hi CD

Welcome to LB

I would send a CCA request, if they can't provide a copy of the CCA, then the debt is unenforceable through the Courts. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...etter-example/

Before they take legal action, they need to send you a Letter Before Action, so try not to worry.

Update when you get a response.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[claritydude]

ECHAT11, thanks for the reply.

Do you recommend holiding off on the CCA Request or sending it as soon as possible?

thanks again

[echat11]

ECHAT11, thanks for the reply.

Do you recommend holiding off on the CCA Request or sending it as soon as possible?

thanks again

I personally would be proactive (send the CCA request), that way you can see what other options you have, you have time to consider other options. Also because it's an oldish account, they may well struggle to produce a CCA. If the account was opened pre 2007, they can't reconstruct the agreement, it has to be a 'true copy'.

[claritydude]

Thanks, I've take your advice and sent the CCA request.

Lets see whats happens next!

[echat11]

Update the thread when you get a response.

[claritydude]

CCS Request response received today from Lowell

"We've asked original creditor to provide us with the requested documentation and will send this to you as soon as possible. We aim to provide this within 12 working days.

What Happens Next
In the meantime your account is on hold and we will not contact you. If qwe've not heard anything from original creditor after 40 days we will send you an update."

Imagine this is pretty standard stuff...

[echat11]

CCS Request response received today from Lowell

"We've asked original creditor to provide us with the requested documentation and will send this to you as soon as possible. We aim to provide this within 12 working days.

What Happens Next
In the meantime your account is on hold and we will not contact you. If qwe've not heard anything from original creditor after 40 days we will send you an update."

Imagine this is pretty standard stuff...

Yes.

[claritydude]

So…

They’ve send me everything to satisfy my request.

Thanks for help on this.

[echat11]

So…

They’ve send me everything to satisfy my request.

Thanks for help on this.

What you need to do is go through what they sent you, does it all comply and have the correct information on the documents they sent.

[claritydude]

On further inspection they have sent me a CC agreements (Photocopy) with agreement number, date and signature (2 pages) Dated Jan 2007

PLUS

A copy of CC agreement terms which are clearly not the original terms as they have a Copyright 2021 footer.

[echat11]

On further inspection they have sent me a CC agreements (Photocopy) with agreement number, date and signature (2 pages) Dated Jan 2007

PLUS

A copy of CC agreement terms which are clearly not the original terms as they have a Copyright 2021 footer.

So not original, looks like 'reconstructed' agreement except they haven't told you they are 'reconstructed'.
They haven't provided the Terms and Conditions at the date the agreement was taken out, as these are from 2021.

[claritydude]

The 2 pages are origilas (attached with personals redacted) but the Terms and Confitions doument is not. Does that still mean reconstructed and if so what would you recommend?

[MIKE770]

hartd to read? any side dates and reference numbers top/bottom/side

[echat11]

The 2 pages are origilas (attached with personals redacted) but the Terms and Confitions doument is not. Does that still mean reconstructed and if so what would you recommend?

It could be that the 2007 T's and C's are original and the 2021 are the 'Varied' T's and C's, but they are 'unreadable' at the moment.