Lowel DCA chasing a Cahoot Credit Card debt

[cdmonkey]

I recently sent a CCA to Lowel and they have after several months supplied a dated and signed agreement from Cahoot

 

My questions are;

 

There is no agreement number or any ref other than my name how can it be proved this agreement is related to the account Lowel are chasing ?

 

Lowel have sent the agreement and nothing further , i did ask for a statement of account but all they have done is re stated the balance, i feel they have not fulfilled the CCA request i made ?

 

I am keen to see a statement of account as i believe it will be mainly charges

 

I can post the agreement if needed but it seems very vague and not have much useful information within it ?

 

Look forward to the replies

[intend]

Might be useful to post up so experts can take a look. If you want statement of account could ask for one otherwise might need to send a SAR request to OC

[unclebulgaria67]

Write back asking for a full statement of account, stating that you believe there are many charges applied that can be reclaimed. Advise them that you consider the account to be in dispute until you have received full details of how the amount stated has been calculated. Send by recorded.

 

I think that they can argue that the CCA request has been fulfilled sufficiently, so you need to send them a letter asking for more statement information.

[BRIGADIER2JCS]

Might be useful to post up so experts can take a look. If you want statement of account could ask for one otherwise might need to send a SAR request to OC

 

Hi it would help to see a suitably redacted copy of this ''agreement', also the statment of account I suspect is correct being just the balance owed as no payments have been made since Lowell aquired the account so this is all they are obliged to supply.

 

For more information you will have to make a subject access request under the Data Protection Act 1998 (SAR) this goes not to Lowell but to the Data Controller at the original creditors head office, Lowell will have on minimal data from the date the aquired the account.

 

There is absolutely no point in requesting this data from Lowell they will not have it, a SAR template is in the CAG library for you to us the creditor has 40 calendar days to comply, there is a £10 statutory fee to pay.

[cdmonkey]

Many thanks for the comments so far.

 

Lowel have had payments form me for quite some time but as you say its the information from the OC i need., however it would be useful to see how much they have already squeezed from me to date.

 

I will scan and post the agreement tonight

[citizenB]

For an s78 request to be fully complied with, they must supply..

 

A copy of or a truthful reconstruction of the agreement.

Terms and conditions from both inception and current (or at default). If there are any variations, these must be provided as well.

A full statement of account.

 

HTH

[cdmonkey]

I will go back to Lowel and ask again for the Full statement of Account.

 

I have attached the redacted agreement

 

Many thanks

[citizenB]

You say in your first post....

 

There is no agreement number or any ref other than my name how can it be proved this agreement is related to the account Lowel are chasing ?

 

Is it your signature that has been redacted from the document attached ?

[citizenB]

I dont see any current terms and conditions either.. did they send you those ?

[cdmonkey]

Yes I removed my signature and the Cahoot Employee who signed it too

[unclebulgaria67]

I will go back to Lowel and ask again for the Full statement of Account.

 

I have attached the redacted agreement

 

Many thanks

 

Does not look like a CCA to me. This is just some document that was issued when there was a change to card provider.

 

Edit. Perhaps it is. Needs closer inspection to see if it contains all the relevant bits.

[cdmonkey]

Nope that's the 2 documents i got nothing else other that another threat from Lowel

[cdmonkey]

Any more opinions on the Agreement before i send a suitable response to Lowel

 

Many Thanks

[BRIGADIER2JCS]

It's certainly is a Cahoot agreement I have one here, but there a lot more T&Cs than show on yours.

So I think it is incomplete.

[cdmonkey]

Ok Many thanks i will respond saying please supply a complete agreement including T&C's plus a Full statement of account as required by S78 ?

[BRIGADIER2JCS]

Yep that's the way to do it, address it to the data controller and use recorded delivery, a time span of 7 days is adequate this time.

[cdmonkey]

Ok thanks

 

Will post any response i get