Mr&MrsL v Lowell (or is it Red?)

[Mr&MrsL]

Hi all

 

On 9th June I sent off a CCA letter, recorded delivery with £1 postal order to Red Debt Collection, for a very old credit card debt (may not quite be 6 years old, not sure)

 

On 16th June I had a letter from Lowell Financial saying they are in receipt of my request blah blah and that they will request a copy from the original lender (a bank)

 

They stated 'while we endeavour to reply within the 12 day period, you will appreciate this is dependany upon receipt of the information from the original creditor' and then 'we will advise you further if it will take longer'

 

A week later I had a letter stating they were still waiting, and offered me a reduced one off payment to clear the debt. I didn't reply.

 

Today I have received another letter;

 

'I can confirm our client has yet to furnish us with your agreement.

 

I can confirm however that XBank are still in the process of blah blah

 

There will be no further correspondence from us until the agreement has been received at which point we will require payment in full.

 

You currently still have the option to pay £xxx.xx as a full and final settlemement in order to bring this matter to a close, after which we reserve the right to proceed to collect the full balance.

 

If you wantto take the offer then please call

 

My question is, should I be sending another letter to them as they have failed to supply the document?

 

Many thanks!

[spamheed]

Don't send them anything, you have made your lawful request, they are obliged to furnish it within the deadlines, not weeks later.

 

They use the CCA as a weapon every day, if they don't fully understand it, then more fool them, let them stew

 

The fact that they are so eager to offer you a reduced settlement so quickly is a good indicator of the likelihood they don't have the CCA

[PGH7447]

only if you want to, however if they are offering reduced terms I would bet that they cant find a valid agreement, so you can either ignore them completley or offer a reduced term for full and final that you are comfortable with. or just report them for failing to make the prescribed time scale and tell them to stop processing your data

[Mr&MrsL]

Thank you so much! What a godsend this site is!

 

I have a couple of similar situtations with Cabot, same timescale and no CCA received, so will leave those for now and spend the day reading more and more of your experiences on here.

Edited July 3, 2008 by Mr&MrsL

[42man]

Red tend to try and collect on debts that are suspected to be statute barred...may I ask when the last time was that you made a payment or acknowledged the debt ??

[Mr&MrsL]

Hi and thank you for replying

 

I know it's over 5 years, it could well be 6.

[bella6baby]

dont send anything! i had same letter as you i just waited took a few weeks then got letter saying they couldnt get original so they sent the debt back to client :roll:haha!

[Mr&MrsL]

Morning all, an update!

 

This morning I have had this letter from Lowell;

 

Dear Mr & Mrs L

 

We refer to your recent request for a copy of the original blah blah

 

After liasing with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances, we have closed our files in relation to this account which has now been returned to our client. We can confir that no further contact will be made by us regarding this account.

 

We trust that this clarifies matter for you

 

yours sincerely

 

Andrew Bartle

Chief Operations Officer

 

Can I please ask if I need to do anything else now, is there a letter I need to send to have this removed from my credit file for instance?

 

Any help would be really appreciated!

[Curlyben]

That's it game over.

No CCA = No enforceable debt.

[Mr&MrsL]

Thanks Curlyben

 

Thanks to everyone who gives their time to offer advice and support here too! A small donation made.

Edited July 29, 2008 by Mr&MrsL