Lowell CCA request

[MRSP]

I recently wrote to Lowells sending a CCA request following notification that they had purchased several catalogue debts from 'Shop Direct' which I had to stop paying a few months ago.

They have responded today saying that they have requested a copy of the original agreement but had sent me a letter of assignment which they claim fulfils their legal obligations.



I would like to ask whether they are legally obliged to send me the original credit agreement and what further action they can take.I own my own home.

[FlamingParrot]

Re: Lowell CCA request

Hi and welcome

They ARE legally obliged to obtain the agreement(s) from Shop Direct as long. This obligation remains as long as there's an outstanding balance and the accounts are not subject to judgment.

s.78(1) of the CCA says:
http://www.legislation.gov.uk/ukpga/1974/39/section/78

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—
(a) the state of the account, and
(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and
(c) the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

If they don't comply with your request in 12+2 working days they are prevented from enforcing the agreement in court as per s.78(6) :grin:

(6)If the creditor under an agreement fails to comply with subsection (1)—
(a)he is not entitled, while the default continues, to enforce the agreement;

The accounts are not enforceable as long as they are in breach of your request, however, the breach can be remedied at any time by sending you the documents. :mmph:

A notice of assignment is just to inform you that they legally own the debt, however, it DOES NOT satisfy s.78(1) of the CCA. :nono: Do you see a mention of it in the text above? I think not! Cheeky sods! :rant: :rant: :rant:
How long ago did you open these accounts? In some cases, those catalogue companies sent out the goods without ever asking you to sign an agreement. :thumb: