Failure to supply CCA

[Howardc]

Lowell DCA are handling 4 accounts in my name for JD WILLUAMS debts that are not statute barred. I requested CCA for each account back in January and they said it can take 60 days to get these. I have not received anything. Lowells had these debts for 18 months now. Not sure what to do next.. I did offer a FFS back in December but the offer of discount was poor. Any advice welcomed.

[charitynjw]

Re: Failure to supply CCA

Hi Howardc & welcome to LB.

Are you referring to J D Williams?

Are any (or all) of them subject to a county court claim yet

Which particular 'Lowells' is handling this?

Btw, would this thread have anything to do with you

[Howardc]

Re: Failure to supply CCA

Hi Howardc & welcome to LB.

Are you referring to J D Williams?

Are any (or all) of them subject to a county court claim yet

Which particular 'Lowells' is handling this?

Btw, would this thread have anything to do with you

Hi thank you for the reply yes JD Williams no it's currently at disputed stage it is customers services handling it. Yes that was my comment because I have found some of the replies to be rude, people turn to sites like this for support. Thanks

[nemesis45]

Re: Failure to supply CCA

Hi thank you for the reply yes JD Williams no it's currently at disputed stage it is customers services handling it. Yes that was my comment because I have found some of the replies to be rude, people turn to sites like this for support. Thanks

Hi.

Lowell are a debt purchaser, and don't usually "manage debts " what exactly have you had from the in regard to these debts?

nem

[Howardc]

Re: Failure to supply CCA

Thank you. I had letters initially then emails they were not threatening as such I just asked if they had the CCA's I had disputed the excessive charges from J D Williams originally. They total £1000 all the accounts it's a few months since requesting CCA's

[nemesis45]

Re: Failure to supply CCA

Thank you. I had letters initially then emails they were not threatening as such I just asked if they had the CCA's I had disputed the excessive charges from J D Williams originally. They total £1000 all the accounts it's a few months since requesting CCA's

Did you make a formal request for the agreements via the provisions of sect 77/78 of the CCA 1974 together with the £1 fee for each agreement requested?

nem

[Howardc]

Re: Failure to supply CCA

I sent them the request below
1. You must supply me with a true copy of the original agreements you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account including default and interest charges

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

[Howardc]

Re: Failure to supply CCA

They sent the following reply but have not heard since.
Regarding Ref: 155774615 (Jacamo) and Ref: 155774607 (The Brilliant Gift Shop), due to the age of the two accounts, we may not be able to request the Credit Agreement or Statements from the Client.



However, I will forward the request and see if this is possible.



For the remaining two accounts, Ref: 187728746 (Premier Man) and Ref: 187728886 (J D Williams), the Credit Agreement and statements should be available for these two accounts and I have forwarded a request for these from the Clients.

[nemesis45]

Re: Failure to supply CCA

I sent them the request below
1. You must supply me with a true copy of the original agreements you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

2. A full statement of account including default and interest charges

3. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

I'm not surprised you had no response ( I don't know where this came from) but it's not good.



So no fee (s) paid?

The Deed of Assignment is the commercially sensitive and confidential contract between the creditor and the debt purchaser, and would not assist you as even if it was supplied it would be heavily redacted.

Take a look at the CCA request templates in the green box above.

nem

[Howardc]

Re: Failure to supply CCA

Thank you i will look at the CCA templates on here. Does a creditor need a CCA to try get a judgement?

[charitynjw]

Re: Failure to supply CCA

Thank you i will look at the CCA templates on here. Does a creditor need a CCA to try get a judgement?

They need to comply fully with a CCA request in order to enforce it via a court claim.
This would require a copy of the agreement (unsigned reconstituted is ok, as long as it is accurate), a statement of the account, & the T&Cs at inception, plus any later variations.

[Howardc]

Re: Failure to supply CCA

I am guessing they can not obtain these CCA's otherwise they would have responded by now. I want to settle these accounts but at a reasonable amount! Thank you for your help it was appreciated.