Lowells - No CCA Provided

[geordieman]

Hi

 

I have Lowells chasing me for a debt that they recently bought from a catalogue company (last payment early this year). As soon as I received their "we have bought your debt" letter, I sent a CCA off them and have just received this reply (The 12+2 days expires tomorrow - 6 Sept)

 

Is this an acceptable reply

 

Thank you for contacting us about your credit agreement. We have asked your original lender for a copy.

 

We will do our very best to send you the information you asked for within 12 working days, but this does depend on when you original lender can send it. We will let you know if we do not hear from them in time

 

We are here to help (lol)

 

Is it 12 working days or simply 12 days in total?

[huggys boss]

It is actually 14 days from the date they signed for it I believe. The 12+2 allows for weekends.

 

Get your account in dispute letter ready to fire at them on the 14th day

[geordieman]

It is actually 14 days from the date they signed for it I believe. The 12+2 allows for weekends.

 

Get your account in dispute letter ready to fire at them on the 14th day

 

14 days is up tomorrow 6th Sept then

[Debtbutt]

The 14 days period dont apply anymore. sometime it can take up to 60days.

[geordieman]

The 14 days period dont apply anymore. sometime it can take up to 60days.

 

Really? That seems to go against everything that is advised here.

[Debtbutt]

i got my cca after 75 days.

[count orlok]

But after 12 working day they are in default of your request, they can take as long as they want but if they don't send it to you before the request goes into default you can withhold payment. Even the CSA agree on that, so it must be right.

[huggys boss]

Yes Geordie, if the postman hasn't got your CCA for you tomorrow, send them the account in dispute letter. Make sure you get proof of postage - I always send recorded but so long as you get proof I don't suppose it matters.

[geordieman]

Hi ...Im just about to send them the dispute letter. Is it worth my time adding a paragraph telling them that I will be paying them an amount that I can afford each month direct into their bank etc etc. (it is my debt after all)

[huggys boss]

No don't put that paragraph on, it is a separate matter.

 

When you say you will be paying them into their bank account, how will you be paying them? Not Direct Debit I hope.

 

It is advisable to get their bank details and set up a standing order. The reason being that with a Direct Debit, they have control over amounts and pay dates etc, with a Standing Order, you are in control of what goes and when!

 

Again, send your letter either recorded, or make sure you get proof of postage, and DO NOT SIGN IT, always print your name!

[geordieman]

Cheers Huggys

 

I will leave out the paragraph.

 

I will be paying them via simple money transfer (I have their bank details from their letters) from my bank ..manually each month. Do I need to send them a letter explaining that I will be making these payments this way or simply start paying at my at a rate I can afford?

[huggys boss]

Personally, I would just give them what you can when you can afford it. If you offer them a payment they are guaranteed to refuse it. Make sure when you make your payments that you put your DCA Ref or Acc number in the space provided so that your payments don't go astray.

[geordieman]

Hi just a quick update and advice.

 

Ive had a few replies from LL’s most them saying that they are trying to get the credit agreement from the original creditor and as soon as they get it, they will be in touch for the full payment.

I have sent them the ‘dispute’ letter telling them they have defaulted and I received this recent letter:

 

We have noted your comments and can advise you that, under the terms set out by the consumer credit act, a creditor has an initial 12 days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided. You will, however, continue to get updates from us with regards to your request

.

So the way that reads is, they will wait until they get the agreement from the OC and when they have they will then resume collections. Can they do this legally?

[huggys boss]

Yes, they have to put the account on hold until they can legally prove that they are entitled to collect.

 

It is now up to you what you do with regards payment.

 

What will probably happen now is if the OC cannot provide your CCA to Lowells, Lowelles will pass the account back and the OC will pass it on to another DCA.

 

Keep all your letters and if it does get passed onto another DCA just send them a copy of your account in dispute letter along with a copy of that letter from Lowells.

 

Basically, until the catalogue company can come up with the goods there is nothing any DCA can do and you are free to pay whatever you want whenever you want without them chasing you for more.

[geordieman]

Cheers Huggy.

 

I've actually started paying them just after I sent them the dispute letter as I don't dispute the debt, just the amount. Plus I wanted to pay what I could afford not what they wanted.

 

Can they hand back the debt to the OC? They have actually bought this off them and Ive had a assignment letter?

[huggys boss]

You say you are disputing the amount. Is this charges they have added for late payment fees and letters sent etc?

 

If they have been lumping charges on, have you claimed them back yet with interest?

[huggys boss]

If they have bought it, they will probably fob it off to another DCA soon

[geordieman]

Yeah the amount disputed is a hike in charges etc. SAR'ing the original creditor is on my 'list to do'

 

I read on the forums recently that LL's petitioned someone for bankruptcy ....its that what worries me if Im honest

[huggys boss]

How much do they claim that you owe them?

What was your original credit limit?

They can't make you bankrupt without going to court and if you are paying what you can afford the court will probably laugh them straight back out of the door.

Get that SAR sent off as soon as you can.

With it being a catalogue, can you not log in to your account online and either print off or screen print your statements? If you can then you don't need to waste £10 on the SAR.

[geordieman]

How much do they claim that you owe them? £2.2k

What was your original credit limit? I have no idea !

They can't make you bankrupt without going to court and if you are paying what you can afford the court will probably laugh them straight back out of the door.

Get that SAR sent off as soon as you can.

With it being a catalogue, can you not log in to your account online and either print off or screen print your statements? If you can then you don't need to waste £10 on the SAR.

 

Sadly I can’t log back onto the catalogue account, it just says contact customer support etc. The balance of this back in January was about £1.9k so in that time I’ve been ping-ponging letters back and forth it’s gone up £300 purely in charges. I am going to SAR the original creditor, but this won’t reduce the balance on LL’s because they bought it, so I guess I will pay what they bought and try to reclaim the charges from the OC.

[huggys boss]

Have a look at this http://www.consumerwiki.co.uk/index.php/Interest_Tutorial

somewhere near the bottom is a spreadsheet where you input your charges and the interest rate at the time of the charge.

 

If I were you, I would reclaim the charges from the OC and then, if you feel you should, offer the DCA a full and final out of your payment. DO NOT FORGET, if a DCA buys a debt, they pay peanuts for it, I believe (although I may be wrong and somebody please correct me if I am) that they pay about 15p per £1 owing which is why they send out the letters offering massive reductions if you ignore their first attempts at bully boy tactics.

[geordieman]

Just a quick update. Since sending LL's with a CCA request and having recieved several letters back saying they are trying to obatian it from the original creditor, I recieved this off Mr Postie:

 

What does it mean?

 

Dear Geordie Man

 

We refer to your request for a copy of the original credit agreement for this account.

 

After being in touch with XXXXXX to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened.

 

At this time we have closed our file and will not make any further contact with you concerning payment against the account unless the copy of the agreement is recieved at some point in the future from XXXXXX

 

Yours.....

 

Balance is about £2k

 

Does it mean that they are going to sell the debt back to XXXXX or sell it on to who ever buys it?

Edited October 13, 2011 by geordieman

[geordieman]

Anyone?

[paulh1818]

It means they cannot provide you with your cca so there is nothing more for you to do. If they ever do come up with your cca in the future then you can make them an offer. Well done! you can forget about this for now.