Lowells CCA request

[David Brent]

Recently, a Barclaycard account of mine has been sold to Lowells. When I requested a CCA from BC all I received was copies of T&Cs. I sent a CCA request to Lowells and they have sent back a copy of an application form. Is this sufficient to satisfy a CCA request and would it be enforceable if they took me to court?
I may also have issues with the DN which was sent to me by BC and didn't provide enough days to rectify. By selling to Lowells, has the account with BC been terminated and if so, does this mean that a corrected DN cannot now be issued to me?

Thanks
DB

[rizel23]

Re: Lowells CCA request

Recently, a Barclaycard account of mine has been sold to Lowells. When I requested a CCA from BC all I received was copies of T&Cs. I sent a CCA request to Lowells and they have sent back a copy of an application form. Is this sufficient to satisfy a CCA request and would it be enforceable if they took me to court?
I may also have issues with the DN which was sent to me by BC and didn't provide enough days to rectify. By selling to Lowells, has the account with BC been terminated and if so, does this mean that a corrected DN cannot now be issued to me?

Thanks
DB

Yes an application form is insufficient in terms of enforceability. Its the agreement that is needed and the T&Cs of what you agreed to sign upto at the time. Its a big bad ball park, they can send you a re constructed agreement that will satisfy a CCA request, but they would still need to produce the original contract you signed if it went to court.

[labman]

Re: Lowells CCA request

As a general rule yes, but there ahave been exceptions where a reconstituted agreement has been accepted by the court.

[rizel23]

Re: Lowells CCA request

As a general rule yes, but there ahave been exceptions where a reconstituted agreement has been accepted by the court.

could you list the cases labman so i can have a read into them? thanks

[winner12]

Re: Lowells CCA request

As a general rule yes, but there ahave been exceptions where a reconstituted agreement has been accepted by the court.

Hi thought that was only when the debtor started court proceedings not the OC

[rizel23]

Re: Lowells CCA request

Hi thought that was only when the debtor started court proceedings not the OC

it is yes, its not looked on favourably by the judge if the debtor takes the creditor to court it all relies on burden of proof. Which is why its always best to let the creditor take you to court, not the other way round if your purely relying on a suspected invalid/no CCA.

I think that CAREY v HSBC was ruled this way to stop the influx of debtors taking creditors to court over CCA's, because they know that a creditors rarely take court action without a valid CCA and thus minimises the amount of cases going through the court on the matter.