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jasper1234

cca return from Lowells on argos credit card - is this enforceable?

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hi guys just wondering if someone could take a look at this credit aggreement i have been sent by a dca.

 

the other page is just my name etc and says application on it.

 

they have only sent me the 2 pages and i noticed down the side it says page 3 of 3 and 2 of 3 on the other page.

 

just want to know the enforcibility of it to be honest.

 

its an old catalouge debt.any ideas.

 

it was the result of a cca request.

it isnt pre 07 it was taken out in 2010.

this is the pdf.

 

this is the second part.this is all they sent.

convert-jpg-to.pdf

convert-jpg-to.pdf

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whilst merging the OP's your scans some posts have gone

 

 

fletch and stella

you'll have to post again sorry

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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whos sent this the DCA that owns it ? who is?

 

 

that's a signed agreement but minus and T&C's

and is eligible to me cant read a word of the small print?

 

 

and a n application form

 

 

certainly NOT what is required to meet a CCA return.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I managed to zoom in and can read what is there

 

What I think ..but can not say for sure....

 

As part of a CCA request there would be a new set of terms and conditions as i think over the space of 5 odd years there have been some changes such as the order in which payments are credited to the account.

 

While I am not convinced that it fulfils all the necessary conditions of an agreement, as stella said earlier , because this is a post 2007 agreement that is really not relevant. I think it would be a tall order to persuade a judge that this is un enforceable

 

However

 

Was there a default notice issued, was it compliant?

Who owns the debt and if it has been sold has a compliant notice of assignment been sent

 

Having said all that you can never tell why an agreement may be chased or not

An example I had a 2012 vanquis card that I was told was 100% enforceable however lowell decided to close the account some time ago


Any opinion I give is from personal experience .

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yea its from lowells

i cant seem to read it

not sure why it says theres 3 parts

but they have only sent me 2

and i cant find the part where it says they will assighn it to a 3rd party.

 

 

could someone put together a template i could send back to argue it doesnt comply with a cca request and point out the flaws.thanks

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no you don't send them anything


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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yea its from lowells

i cant seem to read it

not sure why it says theres 3 parts

but they have only sent me 2

and i cant find the part where it says they will assighn it to a 3rd party.

 

 

could someone put together a template i could send back to argue it doesnt comply with a cca request and point out the flaws.thanks

 

It does comply with with your request.

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guess they will follow through with there court threats then.

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No one can tell

But as that's all they can do threaten

As they are not bailiffs

And have no such legal powers

Its pot luck

 

You or I have exactly the same powers

If we think someone owes us money

And can prove it

We can issue a court claim

 

Pers I don't think that meets the CCA

And a recon has to be pretty perfect to be able to enforce a court claim

 

A recon might well meet the CCA requirements

But not court requirements


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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T&cs missing (purportedly on reverse of agreement)

T&cs at closure missing

Simple statement of account missing

Apart from that it's perfect 😀


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Problem with this all is that it is all pretty easily corrected

 

However it is a bit pot luck, sometimes they follow through with a court claim sometimes not

 

Do you work and/or own your home?

 

These are the sorts of things that they may take into account before launching legal action

 

They have not sent a letter before action have they?

If and only if they do you can send them a letter asking for what they might need to rely on -but that is way in the future

 

In April I had a LBA for a cap 1 account of over 5K . I sent a cca request and and LBA response, still waiting for something to happen

 

How much is the debt? Roughly


Any opinion I give is from personal experience .

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they did send a letter saying because i havent offered them payment the next step is to review legal action the debt is about 600 about 6 months ago they did offer me a 50% discount maybe i shoulda took it.

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Hi Jasper

 

Those types of letters are standard threats, I have letters going back 4 years when they say they will review legal action and to date- touch wood- non has materialised.

 

There are many who will say that the offer of a 50% discount means they know that they can not win in court, in my opinion that isn't necessarily true although it does suggest that there may be something wrong that they know about - who knows maybe they know more than they are letting on.

 

Assuming they follow the pre action protocols they should send you a letter that includes the words letter before action or letter of claim and specifically says that they will be doing, non of this will will review and may ...rubbish.

 

I know it os very tempting sometimes to think you should take an offer , I have thought that myself on some lower value debts but actually I don't have an income and I can't afford it so I won't.


Any opinion I give is from personal experience .

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some reassuring words from you guys thanks.

 

guess i will just have to wait it out.

 

its good to know you guys are here if i do get a court claim maybe you could help me with the process.

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