Help please.. Lowell/BL legal have started court proceedings

nottoolate

mcjordi wrote: »

they also claim any phone call is acknowledgement haha

liers liers!

mcjordi

oh yeah i know that lol..

i cant see them continuing to court after im finished on the 8th may..

mcjordi

mediation is going fun.. lowel are still claiming the £1 cca fee can be taken from the debt LOL.. had to qoute several para's of the act to the women from mediation.
she seems to think that lowell would win..

edit- how the hell am i gonna prove the £1 was for a copy of the agreement.. from 2009.. all my paperwork was lost in a flood...

rizla_king

s78 gives the debtor a right to request copies of agreements and a statement of account. By making the request you are confirming that you are the debtor and so are acknowledging the debt. Only the debtor is entitled to make that request after all. Sorry.

nrsql

So if a company calls you and says they hold a debt and you respond by asking for proof of the debt that means you are acknowledging the debt is yours?

Doesn't seem much point as it means that making the request would make the response or lack of it irrelevant.

rizla_king

nrsql wrote: »

So if a company calls you and says they hold a debt and you respond by asking for proof of the debt that means you are acknowledging the debt is yours?

Doesn't seem much point as it means that making the request would make the response or lack of it irrelevant.

No you just ask for proof of the debt. Under FCA or the old OFT rules if you dispute a debt they are obliged to provide proof and investigate the dispute. No need to use a CCA request under the CCA 1974 for that.

happy_bunny_2

rizla_king wrote: »

No you just ask for proof of the debt. Under FCA or the old OFT rules if you dispute a debt they are obliged to provide proof and investigate the dispute. No need to use a CCA request under the CCA 1974 for that.

I gave seen information on another forum that I'm sure contradicts this. CCA doesn't acknowledge it. It may depend how it's worded?