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I sent Lowell a CCA request (27/09/07) for an alleged debt they say i owe. Today (16/10/07) i have received what they claim is the original CCA. Although i requested this from Lowell, i received the letter back from Red Debt.
I am not an expert on this, but after reading the document it appears that they have sent back an application form.
Also thought it worth mentioning that the address they say the credit card was opened at is completly wrong (suspiciously enough the exact same WRONG address that Lowell/Red Debt keep quoting in their correspondance).
Can anyone advise me on what step to take next. I will try and post the form they have sent out.
Well Egg's agreements do seem to comply with CCA and contain the prescribed terms.
Originally Posted by 8.1 What are ‘prescribed terms’?
S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.
Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.
8.2 What if prescribed terms are missing or incorrect?
s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.
If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.
8.3 What are the prescribed terms?
The prescribed terms specified in Sch 6 are as follows:
* amount of credit – see Q8.
* credit limit – see Q8.5
* repayments – see Q8.9.
* rate of interest – see Q8.6
The statement refering to this agreement not being binding to Egg until they have completed checks and i have signed and returned the credit agreement. (Just sounds like an application form statement to me)?
Does this mean then that they have supplied me with a document that does not comply with the CCA request?
I am sending a SAR to Egg to find out all information relating to this.
Hopefully this should tell me all the relevant dates, and also how much of the debt is made up of unlawful charges. I would not mind paying what i owe, but i certainly am not going to pay for the charges they have levied against the account.
I'll keep posting with updates, and hopefully this will help others.
CCA Lowell, Received Egg form, is it real?
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Originally Posted by 8.1 What are ‘prescribed terms’?
