CCA - Request Becoming a nightmare HELP!!! Updated 18\3\2010 Result

Oneday77

:jI hope I am just worrying over nothing here. I sent a CCA request to Lowell Financial just over 2 weeks ago. They sent back to letters sayinmg they were contacting the original Creditor (Cap1) and would forward it when they could. I gave them the standard time no joy. I sent a reminder on thu recorded and today, either by coincidence or other they replied with: -

"Following you recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client Capital One has requested that your credit agreement be retreived from archive.

Once the agreement is retreived you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest." blah blah blah.

Is any of this right?
1stly surely Cap1 isn't a client as they sold the debt on, well pretty sure they did.
2ndly I only submitted a CCA request, at no time did I say I would stop payments on my CCCS DMP, I even removed that bit from the reminder. I have no copy of the original myself so requesting it was valid. Even for my own records.
3rdly How can a legal right to request a CCA end up in them getting all bully boy.

I am starting to think as I type that they know they are screwed and are trying to weasle out of it.
What does anyone else think?

leanne82duke

i think you have hit the nail on the head x

lozzam

Agreed - no justification for what they are doing, so just stand your ground and follow through the process.

MyLastFiver

You have a legal right to request the Credit Agreement - they have a legal right to call in the debt.

If everyone starts acting at the limit of what is legal, rather than what is moral, then this is where it leads. To everyone trying to shaft each other.

never-in-doubt

Oneday77 wrote: »

I hope I am just worrying over nothing here.

You are :D

Oneday77 wrote: »

I sent a CCA request to Lowell Financial just over 2 weeks ago.

So as the 12(+2) have expired the debt is unenforceable and payment should be withheld immediately.

Oneday77 wrote: »

They sent back to letters sayinmg they were contacting the original Creditor (Cap1) and would forward it when they could. I gave them the standard time no joy.

They usually are late - don't worry too much about it, you cease payments until such time they do comply.

Oneday77 wrote: »

I sent a reminder on thu recorded and today, either by coincidence or other they replied with: -

Reminder is good Coincidences are better :D

Oneday77 wrote: »

"Following you recent request to be provided with a copy of the original credit agreement in respect of the Consumer Credit Act I can confirm our client Capital One has requested that your credit agreement be retreived from archive.

Ok, great so when Crappy1 come back without it they will 'make' a copy - post it up and let me scan me beady eyes over it....

Oneday77 wrote: »

Once the agreement is retreived you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest." blah blah blah.

They are confident! First, they don't know if they have it yet. Second, the prescribed terms may be omitted and thirdly you may dispute it! Nuggats! :rotfl:

Oneday77 wrote: »

Is any of this right?

Some is.... most isn't (usally the case when you're speaking about Lowells)

Oneday77 wrote: »

1stly surely Cap1 isn't a client as they sold the debt on, well pretty sure they did.

They may have just assigned the collection and not the account. This is most common, so in essence both can contact you and both will but primarily you should deal with whoever writes to you, i.e. Lowell.

Oneday77 wrote: »

2ndly I only submitted a CCA request, at no time did I say I would stop payments on my CCCS DMP, I even removed that bit from the reminder. I have no copy of the original myself so requesting it was valid. Even for my own records.

If you don't cease repayments then they will do what they like - what good is any threat if you don't follow it through? Have they already defaulted you? If so then stop paying!

Oneday77 wrote: »

3rdly How can a legal right to request a CCA end up in them getting all bully boy.

It is Lowells you're speaking about mate - get used to it - typical day to them scum! :eek:

Oneday77 wrote: »

I am starting to think as I type that they know they are screwed and are trying to weasle out of it. What does anyone else think?

I agree - totally.

Have a mooch here, if you've not already done so: Unenforceability & Template Letters II

Oneday77

MyLastFiver wrote: »

You have a legal right to request the Credit Agreement - they have a legal right to call in the debt.

If everyone starts acting at the limit of what is legal, rather than what is moral, then this is where it leads. To everyone trying to shaft each other.

I am not quite sure how to take that.
I have a DMP and the DMP is actually paying more than 3 times what they requested as a monthly repayment amount. I did request a CCA as I don't have a copy of it, it is my right to ask for it, I have no plans to shaft anyone.
I would say they don't have the right that after I excercise my right to ask for a legal document that they can then pull the fisti cuffs out and renage on their own offer of repayment. Which for the record was offered before I even negotiated anything with them.
Also after checking my credit record today the debt is with Lowell so Cap1 no longer has any claim to this debt, so the wording of their letter is incorrect. Cap1 is not their client as Lowell owns the debt not them.

never-in-doubt

Oneday77 wrote: »

Also after checking my credit record today the debt is with Lowell so Cap1 no longer has any claim to this debt, so the wording of their letter is incorrect. Cap1 is not their client as Lowell owns the debt not them.

Its all to do with the assignment, have you received a Notice of Assignment (NoA)? This should be sent to you by the original creditor (OC) at the time they sold the debt to the Debt Collection Agency (DCA). So, one copy to you and one to the DCA. Remember you would have used this in your CCA Request which says it all - and the legal argument is clear as well:

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

If you never received such a letter then pretty much guaranteed that Crappy1 are simply using Lowell for collection activities in which case you'll find you agreed to them using third parties for tracing and debt collection, as part of the terms (i.e. the credit check when you applied)....

Basically, at this stage the debt is unenforceable (no matter what bully-boys Lowell think - they haven't met me yet lol) . As such they can take no formal action, i.e. no court action. Therefore you stand firm and cease repayments.

The worse they can do is default you and hassle you a bit - they cannot enter your house nor can they take you to court - not least until they provide the agreement and it is confirmed as being enforceable.....

Make sense? You are worrying too much about the Assignment element of the debt but legally this does not achieve anything, fight the CCA first then we can argue technicalities later as and when needed - keep dirty tactics up your sleeve for when you need them :D

Oneday77

Thanks NID I thought it was just me miss reading ^^.

I have already sent the second letter to them. I am with the CCCS and even though I haven't asked yet I know they tend to be a little reluctant to withold any payments. Tbh if it all turns out to be unenforceable I will offer a F&F reduced balance of 1/5 of the original defaulted amount but payable through my DMP. I owe money but as it has effectively been written off and sold to the highest bidder I will pay back what is a guess as to what it cost them.
My original letter to the CCCS included their repayment terms which amounted to either 50% as F&F or £50 a month so I would read that as they were very generous and will be happy to take anything
I am not too worried now but I can see how they scare people.

Oneday77

Thinking back I did receive a NoA, no idea where it is mind you
I will wait out the next 30 days and take it from there. Thanks as always NID

never-in-doubt

Ok mate, well good luck and see what transpires - just leave things as they are until they respond again. If you get stuck just PM me or post here and i'll help if you need it.

I would seriously cease repayments, like yesterday though! You need to make a stand and do it sooner than later. What harm does it do, Lowells will argue for around 60% of the value but if you play your cards right, you'll get them to accept around 30%..... they would rather take their chances at a CCJ so it is imperative that the agreement is unenforceable in which case your offer becomes all the more realistic being they can take no action and no ccj means no money lol.

See the way you play them? Play by the rules = paying more. Play Niddy's way = paying less - lol. Trust me mate....

Oneday77

I did promise an update and here it is.



I am on the CCCS and this would be great to get rid of. What is my next best step? I know they are reluctant to stop payments to creditors.
I did wonder if it was worth sending them a stupid F&F for £500 to seal it forever. Is it worth a shot? They already have about £600 of it paid from my DMP.