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question about cca

I recently sent off a cca request to lowell for a large debt I had been paying off monthly.
I suspected they may not have the cca as they had accepted a low monthly payment from me without asking questions. I hadn't previously sent off the request for fear of them withdrawing my payment plan and taking further action against me.

Anyway, a month ago I set the request off. As yet no agreement, so I have sent the 2nd letter.

I have received 4 letters from the dca saying they have requested the creditor to retrieve the form from their archives, and when its found the debt will have to be paid in full.

I'm so worried they will demand this in full when they produce my agreement, are they allowed to do this?

Thanks for your help.
96 items decluttered so far in 2013 :)

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    If they can obtain a valild agreement, then yes.

    Knowing Lowells, I would say the odds are low though........

    They buy a lot of debts from the lenders very cheaply because the lender knows they are not enforcaeble in court if challenged.;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • aligerdie
    aligerdie Posts: 576 Forumite
    thank you for your reply fermi.

    The creditor is egg, I don't know what the chances are of them finding it from their archives.

    I'm going to hope that this isn't one of the debts they can find the cca for then...
    96 items decluttered so far in 2013 :)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Even if they do, just pay what you can afford and no more.

    These people like to threaten court and all sorts, but in the end that is all the court will demand if you let them know your circumstances.

    It is hard when you receive these letters, but remember that these people make their money from scaring people.:rolleyes: They would much rather make a quick £1 by scaring the next person who may not be clued up.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • aligerdie
    aligerdie Posts: 576 Forumite
    thank you so much, you've made me feel a whole lot more positive about the situation.
    96 items decluttered so far in 2013 :)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    aligerdie wrote: »
    thank you so much, you've made me feel a whole lot more positive about the situation.

    Good. :)

    BBC watchdog have reported on Lowells recently where they were chasing debts that were not really owed.

    Tells you what sort of company they are.............;)

    http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

    If they use any unfair tactics then report them to trading standards and the OFT.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    fermi wrote: »
    BBC watchdog have reported on Lowells recently where they were chasing debts that were not really owed.

    Tells you what sort of company they are.............;)

    http://www.bbc.co.uk/blogs/watchdog/2009/01/the_chase_for_debts_not_always.html

    If they use any unfair tactics then report them to trading standards and the OFT.

    What a load of old cobblers from Lowell - especially this part of their response to Watchdog:

    "In the small minority of instances where a debt is disputed, collections activity is immediately put on hold while we endeavour to resolve the dispute promptly, in order to minimise any potential distress to the account holder."

    Feedback from those unfortunate enough to have used their 'freefone helpline' has not been brilliant either.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • "In the small minority of instances where a debt is disputed, collections activity is immediately put on hold while we endeavour to resolve the dispute promptly, in order to minimise any potential distress to the account holder."
    *picks self off floor after falling off chair in ironic shock* :D
    Any help, opinions, views I may hold those are my own. Respect them as you would expect the same in return. Offered freely, is gleaned from a lifetime of experiences, knowledge gaining. Passed on to benefit others. I may be direct, ask you questions but those are to help you. Up to you if you choose to take it. I won't judge you either way.
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