Appealing against default.

emmmski

happy_bunny wrote: »

CCA and the default date are unrelated.

Did you complain in writing to Lowell about the incorrect date? They own the account, so it's them you complain to. If so, did you refer to FOS? It's your best option to get the date changed.

I'm not sure that even the £387 would be enforceable, from what I've read on other sites. It's like asking you to sign a new CCA every time you buy something over a certain amount on your credit card....that's not how it's supposed to work. E.g they only report one account to the CRAs with one credit limit and one recorded payment account.

Only a court could answer that question 100%, but there is certainly grounds for defending it. They probably know they would be on dodgy ground if they tried court, but nay threaten it.

The remainder is unenforceable, as they haven't produced any kind of agreement.

HB

I understand that the cca and default date are unrelated , I was wondering if I could use the fact that they have no cca as leverage to get the default date changed. ie changed the date and I will pay the debt of in full at an agreed amount per month?

I haven't complained about the default date as yet. I currently have another one against another company going through the FOS. I've read the guidance for applying defaults. Lowell applied this default to my account as soon as they took it on from shop direct.so there was no opportunity for me to break any agreement with them. I agree that the default was overdue but surely it was up to shop direct to default me? Lowell bought the account and immediately defaulted me, dont know whether this adds any weight to my argument. Guess there's only one way to find out.

Finally what would your advice be regarding my response to lowell about the cca or lack of it? I was thinking, write acknowledging their reply, and thank them for confirming that the debt is unenforceable, and say that in light of this they will no longer make any attempts to recover it? And then complain re the default date to them separately?

Thank you for all your replies...... I will stop asking questions.... Eventually

happy_bunny_2

You could try the change it and I'll pay approach. Get it in writing first though.

Selling the account is an indicator of a default as per the ICO guidelines. They agree between them who will report the account to the CRAs once sold. So this is correct. Your argument should be that shop direct should have defaulted you earlier, and you have 6 months to refer it from when Lowell said no.

I would go down the FOS route, but you might want to try it on with Lowell and offer a full and final offer of 25% or say 40% if they agree to correct the default date. Give them the suggested date. Make sure they know you consider the whole amount to be unenforceable and what they sent as a CCA is not relevant.