Lowell cannot produce CCA

Hi all,

I recently asked Lowell to provide a CCA for a debt owed to Sky TV. This is the response I received. 

I understand that you are requesting documents regarding to this account.

 

Due to the age of the account, we are unable to request these documents from the original creditor.

 

If you want a copy of all the information the original creditor holds for the account, you will need to submit a Subject Access Request to them, in accordance with data protection legislation.

 

If you do make a Subject Access Request to them, please let us know and we will put your account on hold to allow you time to obtain and review the information.

 

Can anyone assist with my next steps, please? (I don't know why the font has gone silly)


Best Regards,
TTP

Comments

  • dont pay them anything until they can produce the CCA. with luck they most likely wont be able to get one
  • bcs7
    bcs7 Posts: 23
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    It's up to Lowell to produce the CCA.
    Cheeky of them to ask you to do it.
    If they can't provide it to you then the debt is now un-enforcable unless they can provide it in the future which sounds like it's unlikely.
  • fatbelly
    fatbelly Posts: 20,232
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    edited 20 September 2023 at 12:18PM
    Surely this wouldn't be a Consumer Credit Act debt, would it?

    If it was a bill for providing a service it' s just a cotract for services and so you can' t rely on the provisions of s77-79CCA

    However, the letter seems to be an admission that there is no evidence that this debt is yours, so you should not feel obliged to pay, nor to do their work of finding evidence for it.

    I would recommend that you ignore everything except a 30-day pre-action letter. If it gets to the point of 6 years since the contract was terminated, and you have not made a payment, then you have a statute barred defence
  • sourcrates
    sourcrates Posts: 28,537
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    I`m with fatbelly, its a service contract, much like a mobile contract, not CCA regulated, so sec 77 does not apply.

    What they should provide is evidence of bill payments etc, but Lowell won`t have those.
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