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johealey

Morses / Lowells - No CCA

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Hi

 

I CCA'd Lowell as they held a Default against me for Morses Club for £329 which I do not recall owing back in 2009, which was defaulted in 2015.

 

Lowell have come back to me sending me a printed statement, which to be honest, I could just type up on a few sheets of paper!

 

The letter states

 

"we note that you state that we have failed to comply with your request for information under sections 77-79 of the Consumer Credit Act 1974 and as such you feel that this account is unenforceable.

 

The duty to supply documentation under Section 77-79 of the Act does not apply to an account under which no sum is, or will, or may become payable by the debtor.

Therefore it would not apply where the balance has been written off, as is the case with this account".

 

"In accordance with Schedule 2, paragraph 2(a) of the Act that deals with the exceptions to any request under Section 10,

Lowell is not prepared to cease processing your data in respect of the debt claimed from Morses on the basis this is required for the performance of the said contract to which you are a party.

 

At the point of application of this account with Morses a Fair Processing Notice was agreed to by you to share/pass personal data. Consequently, when Lowell purchased the rights to and benefits of the account, this included the Fair Processing Notice and the requisite permission".

 

Section 136 of the Law of Property Act 1925 requires Lowell to give you notice of the assignment of the debt to them from Morses. Our records show that our letter of assignment sent to you on the 23rd June 2015 following the purchase of the debt from Morses which satisfies the relevant provision of the Law of Property Act 1925".

 

"We are not prepared to remove any default registered with the credit reference agencies in respect of this account as we consider the data remains correct and accurate".

 

It goes on but it's the same standard blah blah blah.

 

Any help would be really appreciated in response to their letter, thanks

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they are correct

just because they hold no CCA doesn't mean the default must go

and anyway

its was the OC that registered it not a DCA.

they just inherited it.


..

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If you feel that you did not owe Morses in the first place then you should take it up with them.

Perhaps they had someone on their books with a similar name to yours.

 

It does seem strange that you didn't receive any demands from them since there would have been many before they would right off the whole amount.

 

Simply write to Morses explaining that you do not recognise the default against your name and ask for details how the amount was arrived at. If they have the wrong person then of course the default against you would be removed.

Edited by dx100uk
paras

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If the debt should ahve been defaulted back in 2009 and you havent paid or acknowledged it since then it was stat barred many moons ago and Lowells default is misrepresentation and that isnt fair processing of data.

 

they do this just to punish you and it is getting more common

 

Confirm when you last paid anything to Morses or Lowell

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