Lowell CCA

bennymie

I need to know if this is a true copy of a CCA. To it seems that they only proved that I took out a credit card with M&S and not debts that I had with them.

Last payment of £5 was made in Aug 2019 according to my bank statement. Heard nothing until July 2023 when Lowell sent me a letter.

I requested a true copy of my CCA which took 2 and half months for Lowell to send. I have attached what they sent me. 


There is nothing proving I owe anything, they just printing off part of their spreadshit with numbers that someone typed in.

It seems that the credit agreement was printed on the 17/10/2023 at 11:22 so why wait January 2024 to send it.

bennymie

Spreadsheet  but I guess spreadshit will do too

Mark_d

I would check your credit reports, bank statements and credit card statements to try and reconcile the figures

Brie

Do you think you still owed M&S anything in 2019 after you made the last payment?  Was the card ever cancelled??

Yes or no - I suspect what you need are your statements following on from Aug 2019 to prove there was a debt.  To get those you would need to submit a subject access request to get everything about your account.  If you thought the balance was zero surely you should have been notified by further statements from M&S if the card continued to be used or had a running balance accruing interest.  Or possibly it was at zero and a transaction was applied to your account without you knowing or possibly even being involved. Might have been fraud or a continuous payment authority that you weren't aware of.  

fatbelly

That looks like a properly reconstituted agreement. There is no requirement to provide a signature.

The other document probably qualifies as a 'statement'. I reluctantly agree with Lowell that they have complied with your request and the debt is again enforceable.

sourcrates

I would agree with fatbelly on this.

A creditor does not have to provide that much to comply with legislation, the above is testament to that.

What you are reliant on is the account being so old that records are no longer kept, 2014 is ten years ago, they are required to keep such records for only 6 years.

stu12345_2

in a CCA request for agreement copy and statement and with reference to the statement  it must show money borrowed , monies repaid, interest paid on these repayments and finally the outstanding balance.

the poster has  been given the outstanding balance.
this is where PRA have classed my debt as unenforceable as all they could supply was a copy of agreement and outstanding balance..
 not the other transaction statement details required in a CCA and statement request.

in the statement facts and info required, cos in other words Pra could enforce it if they could  supply this info needed, but they admitted they can't produce it, only the outstanding balance and a  ( copy of agreement)

in my Tesco debt and cca and statement request they produced the CCA  and every transaction ever made, with the interest applied on the balance, thus the balance dropping monthly and the final balance and hence a  fulfilled statement request.

they were on the ball

bennymie

stu12345_2 said:

in a CCA request for agreement copy and statement and with reference to the statement  it must show money borrowed , monies repaid, interest paid on these repayments and finally the outstanding balance.

the poster has  been given the outstanding balance.
this is where PRA have classed my debt as unenforceable as all they could supply was a copy of agreement and outstanding balance..
 not the other transaction statement details required in a CCA and statement request.

in the statement facts and info required, cos in other words Pra could enforce it if they could  supply this info needed, but they admitted they can't produce it, only the outstanding balance and a  ( copy of agreement)

in my Tesco debt and cca and statement request they produced the CCA  and every transaction ever made, with the interest applied on the balance, thus the balance dropping monthly and the final balance and hence a  fulfilled statement request.

they were on the ball

I think it's a bit odd that they can just through some numbers on a spreadsheet and use this as a statement of account instead of my actual statement of account from M&S. I am not denying having a credit card with M&S, it's the debt. I will have a think about what to reply to them. 

stu12345_2

yes,  need ambassadors to  comment here as need confirmation of what is needed in statement request as part of  CCA and statement request to be classed as satisfactory legal response.
my experience in pra is they admitted they can't produce  statements.
all they could produce is the outstanding balance owed,  plus the CCA and hence deemed it unenforceable 

I see you got a outstanding balance figure( which is the same as PRA could produce) for my account .
. that isn't a statement showing details such as the accrued interest , the monies paid, starting balance etc and figures showing details of the monthly amounts .

a lot of posts about CCA have been discussed, but very few on statement request and the facts which make it unenforceable due to inadequate statement responses from creditors.

fatbelly

There's very little on the contents of a statement either in s77-9CCA or CONC13.

stu12345_2

fatbelly said:

There's very little on the contents of a statement either in s77-9CCA or CONC13.

from your experience, what have you seen or read as inadequate statements provided, resulting in the debt being classed as unenforceable.
in my experience I was surprised PRA classed my debt as unenforceable as  simply stating the balance outstanding, was they regard as inadequate detail as a satisfactory statement response to my statement request.