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Lowell finance applying to Littlewoods for credit agreement.


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hello all,

 

I recently sent a CCA to Lowel Finance and they have today acknowledged reciept. They are saying that they are contacting Littlewoods for a copy of the original agreement. So Obviously they don't have one! My question is whether these agreements are transferrable from lender to lender or is it the case that an agreement must exist between myself and Lowell before they can enforce the debt?

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hello all,

 

I recently sent a CCA to Lowel Finance and they have today acknowledged reciept. They are saying that they are contacting Littlewoods for a copy of the original agreement. So Obviously they don't have one! My question is whether these agreements are transferrable from lender to lender or is it the case that an agreement must exist between myself and Lowell before they can enforce the debt?

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I would also like to know this as lowell took over my HSBC account which has now been settled and the default from HSBC removed but Lowell has placed a default on my CRF without any notice. Can they do this?

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The agreement would be between you and the original creditor. Lowell would be able to enforce the agreement (if one exists) either as agent or assignee.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thread moved to Debt Collection Forum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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hi there,

 

the debt would probably have been assigned to lowells so they would not need any agreement between you and them

 

however they would need to produce a copy of the agreement which complies to the CCA 1974 all the regulations which are relevent before they could get a court to enforce the agreement

 

if you need any more help just shout

 

regards

paul

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2 threads merged. Please stick to one thread.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Thanks Rory/Paul.

 

Assuming they get a copy of the agreement, do you know what their next move maybe?

 

We have been payning them via a DMP with CCCs but

 

 

in September my wife lost her job

the payments we were making had to drop substantially.

All had been quiet till then!

 

 

We wrote to them when we knew her unemployment was imminent and informed them of this

and also that it was a temporary measure.

 

 

Also asked the CCCs to write to them.

We recieved no reply!

 

 

I have also informed them that I have sent an SAR to Littlewoods

so that I can query the amount of the debt as it is a higher than the original loan

and will dispute any charges etc.

 

 

As it happens, my wife is about to re-start work hopefully next week

and so we will be able to increase the level of payment to the CCCs in the next few weeks,

although not to the same level it was.

 

 

When we wrote to Lowell, we also included a copy of our expediture as per our original DMP and a revised version,

reflecting our change in circumstances.

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Littlewoods aren't very good at keeping copies of credit agreements. If they can produce one you will probably get a letter from Lowell stating that they want more money from you and that you either need to up your payments or pay in full (of course this will be bluff on their behalf as you have so far done the right thing in giving a breakdown of your income and expenditure - always remember that unsecured debts are non priority debts). The thing is the CCCS won't stop payments so in many ways there is no need to produce a copy of the agreement if you are continuing to pay.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 3 weeks later...
Littlewoods aren't very good at keeping copies of credit agreements. If they can produce one you will probably get a letter from Lowell stating that they want more money from you and that you either need to up your payments or pay in full (of course this will be bluff on their behalf as you have so far done the right thing in giving a breakdown of your income and expenditure - always remember that unsecured debts are non priority debts). The thing is the CCCS won't stop payments so in many ways there is no need to produce a copy of the agreement if you are continuing to pay.

 

Why would'nt the CCCS stop paying them if I requested them to? Surely this would mean they could pay more to other creditors?

 

No sign of Credit agreement or deed of assignment from Lowell yet! And no acknowledgment from littlewoods regarding SAR!

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Why would'nt the CCCS stop paying them if I requested them to?

It's simply against their policy.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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