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Hi, need some quick advice please.
My wife has a debt from 2004, she defaulted on 2005.
Its been past from pillar to post between different agencies over the years and its now ended up with Lowell, she had been making token payments to another firm and had no idea it had been sold again and that her payments had been stopped last year.
I got her to request the original CCA as we were unsure what this debt was at first,
They cant find the CCA or supply a statement of account, we waited 6 weeks and got a letter that confirmed due to the age of the account they no longer have any of the paper work, no CCA.
"we acknowledge your request for supporting documentation however due to the age of the account and the retention period that has last we are unable to fulfil this request."
They could tell us the date it was opened, the date it was defaulted and that the last payment was made to Hoist who had bought the account before them.
they then said the following :-
We have checked our records and can confirm that the last payment was received towards the account on 21/02/2023. Accordingly, we can confirm that the account is not statute barred and is enforceable under section (5) of the limitations act 1980.
My question is can they still take my wife to court if they no longer have the CCA or any of the paperwork from what the account was opened, Lowell have been very pushy and close to harassing my wife and thats put my back up a touch, I had read once that sometimes if there is no longer a CCA its no longer enforceable which means the company would be much more likely to accept a offer to clear the debt.
Could anyone advise me on the best course of action for my wife, can we ignore them and not pay for a while then make an offer or do they have the power to take her to court without the CCA?
thank you so much in advance on behalf of my wife.
My wife has a debt from 2004, she defaulted on 2005.
Its been past from pillar to post between different agencies over the years and its now ended up with Lowell, she had been making token payments to another firm and had no idea it had been sold again and that her payments had been stopped last year.
I got her to request the original CCA as we were unsure what this debt was at first,
They cant find the CCA or supply a statement of account, we waited 6 weeks and got a letter that confirmed due to the age of the account they no longer have any of the paper work, no CCA.
"we acknowledge your request for supporting documentation however due to the age of the account and the retention period that has last we are unable to fulfil this request."
They could tell us the date it was opened, the date it was defaulted and that the last payment was made to Hoist who had bought the account before them.
they then said the following :-
We have checked our records and can confirm that the last payment was received towards the account on 21/02/2023. Accordingly, we can confirm that the account is not statute barred and is enforceable under section (5) of the limitations act 1980.
My question is can they still take my wife to court if they no longer have the CCA or any of the paperwork from what the account was opened, Lowell have been very pushy and close to harassing my wife and thats put my back up a touch, I had read once that sometimes if there is no longer a CCA its no longer enforceable which means the company would be much more likely to accept a offer to clear the debt.
Could anyone advise me on the best course of action for my wife, can we ignore them and not pay for a while then make an offer or do they have the power to take her to court without the CCA?
thank you so much in advance on behalf of my wife.
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