Lowell/Coop credit card dispute advice needed please.

[FlamingParrot]

Re: Lowell/Coop credit card dispute advice needed please.

Thanks for all your advice it is greatly appreciated. I will get a CCA request sorted ready to send to Lowell. Just for clarity this request was made directly to the Coop by the solicitors in 2009/10, can't remember exactly when without going through a mound of paperwork. Does it matter that it's already been done, or is the need for it to be done again because they've sold the debt to Lowell. Thanks again.

As the previous one was sent a long time ago to the OC, it would be a good idea to send a fresh one to Lowell and see what they come up with. Cel usually suggests sending a fresh CCA request where Lowell are concerned. :thumb:

[Dobbs2010]

Re: Lowell/Coop credit card dispute advice needed please.

Below is a copy of the CCA Request from the sticky section by user CurlyBen, is this suitable as have seen numerous takes on a CCA request.

Dear Sir/Madam

ACCOUNT NUMBER: xxxx
YOUR REF: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

For the sake of clarity, may I also draw your attention to the following:
Consumer Credit Act 1974 s.175
Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement
2. FULL Statement of account
3. Copy of the executed deed of assignment from (original creditor) and (DCA)
4. A fair processing notice.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
I look forward to hearing from you within the statutory time limit.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

If any parts need removing or amending please let me know an I'll remove them from my letter. Thanks again for your help everyone.

[FlamingParrot]

Re: Lowell/Coop credit card dispute advice needed please.

That CCA request is probably a bit out of date by now, below is the one I normally use, it should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. :thumb:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

[Dobbs2010]

Re: Lowell/Coop credit card dispute advice needed please.

Thanks a lot FP, really appreciate all your help. Will let you know if and what they reply. One last question, do I make the postal order payable to Lowell or Coop?

[FlamingParrot]

Re: Lowell/Coop credit card dispute advice needed please.

Thanks a lot FP, really appreciate all your help. Will let you know if and what they reply. One last question, do I make the postal order payable to Lowell or Coop?

I've always left mine blank.

[Angry Cat]

Re: Lowell/Coop credit card dispute advice needed please.

Please, do not forget to write on the front of the postal order:
CCA Statutory Fee Payable Only;
keep a copy of same and a copy of the request letter;
send via Recorded Delivery

[Dobbs2010]

Re: Lowell/Coop credit card dispute advice needed please.

Please, do not forget to write on the front of the postal order:
CCA Statutory Fee Payable Only;
keep a copy of same and a copy of the request letter;
send via Recorded Delivery

Thanks Angry Cat will do.

[Dobbs2010]

Re: Lowell/Coop credit card dispute advice needed please.

Just to update you all, I sent the CCA request on the 30/10 recorded delivery, Lowell wrote to me on the 8/11 stating they had requested a copy of the agreement from the Coop. I received a letter today (22/11) dated 18/11 stating:

We have been in touch with Co-operative Bank about the copy of your credit agreement.

They have let us know they are trying to retrieve the agreement from their archive. As soon as we have it, we will send it to you.

What will happen next
In the event we cannot obtain a copy of the agreement we will write to you again and inform of this. Once you have seen your credit agreement, we will ask you to pay the outstanding balance in full.


Surely they are now out of time as far as compliance with the CCA goes, also even if they do provide a copy of the agreement, the reason my solicitor advises the agreement is unenforceable is due to errors in that agreement anyway, so will I be back to square 1?

[FlamingParrot]

Re: Lowell/Coop credit card dispute advice needed please.

The above is a standard response to a CCA request from a debt purchaser, as they have to obtain the documents from the lender, it would be very unsual for them to be able to comply within the 14 day timescale. As things currently stand, the account is unenforceable due to non-compliance with your request. :grin:

Without knowing what their response will be, it's hard to tell what will happen. We also don't know what errors your solicitor is referring to. Once you do get a copy, post it up here so we can take a look :typing: and we'll take it from there. :thumb:

[Dobbs2010]

Re: Lowell/Coop credit card dispute advice needed please.

Thank you, as soon as I receive anything will let you know.

Regards
Steve

[Dobbs2010]

Re: Lowell/Coop credit card dispute advice needed please.

Thought I'd updated post. They eventually wrote back to me in January stating that the credit agreement was not available and that they would be taking no further action. As yet have not been contacted by any other DCA's, Coop had tried using various others before Lowell, so fingers crossed that might be the end of it.

Thanks again for all your advice on this matter people, was greatly appreciated.

Regards
Steve