Capital One / Lowell + a question.

[Invasive_Frost]

Recently I had a letter from Lowell for an alledged debt. CCA request is ready to be sent tomorrow when I have been to the post office and got a postal order. Thanks to months of lurking on this site I was well prepared when the letter came. (thanks to everyone on this site who has asked and answerd questions)

 

My question is about the £1.00 fee for the copy of the agreement. Is this fee for providing the copy of the agreement or for looking for it? If it is for providing the agreement, does that mean if they can't find one the fee should be repaid?

[ODC]

Good point.

[Tila]

Hi

 

In my years of CCA requests, I have never sent in the £1.00. I have always just requested the CCA, nothing else.

 

This has worked for me, so far no one has sent me a CCA instead its been passed around, so I would sent off the CCA request without the £1.00

 

Worst case scenario they will ask for the £1.00

 

T

[ODC]

The £1 represents the Statutory Fee. A DCA could argue that you did not make a Legal Request if you did not send them a quid

[ziggycat46]

I sent two cca letters to MacHall a couple of weeks ago. They sent me a letter back saying they would look into the request and as a gesture of goodwill they sent me the 2 £1 postal orders back;)

[diskmandave]

My question is about the £1.00 fee for the copy of the agreement. Is this fee for providing the copy of the agreement or for looking for it? If it is for providing the agreement, does that mean if they can't find one the fee should be repaid?

My take on this having had dealings with Lowell Financial in the past and by way of conversations with the Lead Officer from Tameside Trading Standards would be...

 

That the £1 is for complying with the request as made under the relevant section of the Consumer Credit Act, so if a company comes back with what information they do actually have (be it enforceable or not), or admit that they have no agreement, then they have complied with the request and provided the service. If like the likes of Cabot and others that play silly games.... they send the quid back anyway, and it's important to keep on top of them and re-send them the £1 fee back. Companies that claim (wrongly) that they don't have an obligation to provide the information haven't complied with the request.

 

My 2p for what it's worth..

[diskmandave]

The £1 represents the Statutory Fee. A DCA could argue that you did not make a Legal Request if you did not send them a quid

The point ODC makes is why you should insist that they take the £1.

[Invasive_Frost]

My question is answered then. Thanks all, now just to wait and see what Lowells come back with!