LOWELL AGAIN! - Letter Received!

[sleslie86]

Re: LOWELL AGAIN! - Letter Received!

Thanks FlamingParrot, no I still have not received any form of CCA. The only response I received was that they'd asked my original lender, Lloyds, for the CCA's and that Lloyds were going to search their archives for them. Previously I had asked a DCA a few years back for them, i think it was Westcot, and they did get Lloyd TSB to produce me a CCA for my credit card, but not the loan. Lloyds TSB sent me a letter saying I had to call them to get the CCA for my personal loan, but i didnt bother as it wasnt my duty for me to supply it myself! I asked them to produce the proof, not me ring up and get it!!!

[FlamingParrot]

Re: LOWELL AGAIN! - Letter Received!

Thanks FlamingParrot, no I still have not received any form of CCA. The only response I received was that they'd asked my original lender, Lloyds, for the CCA's and that Lloyds were going to search their archives for them.

That's a standard response, since they don't get the documents when they buy the debts, they have to get the original lender to supply them.

Previously I had asked a DCA a few years back for them, i think it was Westcot, and they did get Lloyd TSB to produce me a CCA for my credit card, but not the loan. Lloyds TSB sent me a letter saying I had to call them to get the CCA for my personal loan, but i didnt bother as it wasnt my duty for me to supply it myself! I asked them to produce the proof, not me ring up and get it!!!

What a ridiculous response! It is their duty to supply a copy of the agreement upon request, as long as:

• There's an outstanding balance
• No judgment has been obtained

Why would you have to CALL them, when CCA requests should be sent in writing? Sounds like a ruse to get you to ring them, probably with the intention of bullying you into making a payment.

[sleslie86]

Re: LOWELL AGAIN! - Letter Received!

Hello everyone (and to you FlamingParrot), just to give everyone a quick update at where I am at with Lowell.

Today I received a copy of my original loan agreement, so I will have to start paying back for that, but I will be challenging Lloyds TSB on the PPI with the personal loan.

Lowell could not provide a CCA with my credit card though and this was their response:

Your credit agreement
We refer to your recent request for a copy of the original credit agreement for this account. After liaising with Lloyds in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you
We are closing your account
At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Lloyds.

Do I assume that this is good news? If so, what are my options now? I have been making payments to this account since August 2013, so I've made around 6-7 payments of £33.33 - I suppose I should get this refunded back to me or at least use the payments I've made to that account and deduct it off the personal loan account? Is there any chance I can get the default wiped off my account because I've not been provided with a CCA, I also don't remember ever receiving a Notice of Default, not even provided when I received my DSAR from Lloyds the other week!

Any help would be appreciated and I really do appreciate everybody's help so far. Thank you.

[sleslie86]

Re: LOWELL AGAIN! - Letter Received!

:bump:

[Amethyst]

Re: LOWELL AGAIN! - Letter Received!

Hello everyone (and to you FlamingParrot), just to give everyone a quick update at where I am at with Lowell.

Today I received a copy of my original loan agreement, so I will have to start paying back for that, but I will be challenging Lloyds TSB on the PPI with the personal loan.

Lowell could not provide a CCA with my credit card though and this was their response:

Your credit agreement
We refer to your recent request for a copy of the original credit agreement for this account. After liaising with Lloyds in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you
We are closing your account
At this time we have closed our file and will not make any further contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from Lloyds.

Do I assume that this is good news? If so, what are my options now? I have been making payments to this account since August 2013, so I've made around 6-7 payments of £33.33 - I suppose I should get this refunded back to me or at least use the payments I've made to that account and deduct it off the personal loan account? Is there any chance I can get the default wiped off my account because I've not been provided with a CCA, I also don't remember ever receiving a Notice of Default, not even provided when I received my DSAR from Lloyds the other week!

Any help would be appreciated and I really do appreciate everybody's help so far. Thank you.

With regards the loan agreement you have received could you post a redacted copy up on here it might be useful - when abouts was the loan taken out ?
SO your plan is basically to claim a refund of the PPI to reduce the balance on the loan and then sort out a payment arrangement with Lowell for the debt?

Good news on the credit card - the account will just sit on hold now until they find the documents - but you have a fair while to wait until it goes Statute Barred if you've been making payments for the last 7 months.

[sleslie86]

Re: LOWELL AGAIN! - Letter Received!

With regards the loan agreement you have received could you post a redacted copy up on here it might be useful - when abouts was the loan taken out ?

I will have to do this tomorrow as I don't have access to the paperwork. The loan was taken out on 31/12/2007.

SO your plan is basically to claim a refund of the PPI to reduce the balance on the loan and then sort out a payment arrangement with Lowell for the debt?

Yes. Correct. The loan amount was for £4,000 - the PPI (as a one-off payment bolted on) was £1,040 and the interest worked out around another £2,000 - so it was over £7,000 repayable over 48 months. I will claim the account in dispute whilst my PPI complaint with Lloyds is underway.

Good news on the credit card - the account will just sit on hold now until they find the documents - but you have a fair while to wait until it goes Statute Barred if you've been making payments for the last 7 months.

If there is still a chance they could find the documents, then why bother closing the account? They've already stated that the document is unobtainable, "we have been advised that it is no longer available due to the length of time" in which case... that's it, done and dusted... or is that not the case?

Shame on the statute barred, but I knew that would be 6 years ticking since last payment/contact made.

But what about the payments made towards that account for the last 7 months? Surely I should get that back as technically... I've been paying on a debt that they can't prove is mine?

[sleslie86]

Re: LOWELL AGAIN! - Letter Received!

:beagle:

[FlamingParrot]

Re: LOWELL AGAIN! - Letter Received!

If there is still a chance they could find the documents, then why bother closing the account? They've already stated that the document is unobtainable, "we have been advised that it is no longer available due to the length of time" in which case... that's it, done and dusted... or is that not the case?

If you have a letter confirming they haven't got a copy of your agreement, you should keep that in a fireproof safe! That basically means they could not enforce it in court. I have a couple of letters from MBNA stating they cannot obtain a copy of my agreement, which I requested in March 2010. I've not heard a peep from them in years! :clock:

Shame on the statute barred, but I knew that would be 6 years ticking since last payment/contact made.

But what about the payments made towards that account for the last 7 months? Surely I should get that back as technically... I've been paying on a debt that they can't prove is mine?

That's not how it works, if they can't produce a copy of your agreement they can't get a CCJ against you in court but technically the debt is still payable even if it's unenforceable. All you can do is stop making payments and wait 6 years, like I've been doing. :clock: