Lowell CCA

tigergambit

stu12345_2 said:

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.

My experience and understanding with PRA is that they are quite hard nosed with debt they are confident about but play strictly by the rules regarding enforceability. I have a Barclays debt which they can't supply a CCA for despite it not being very old and they have been very upfront about it not being enforceable. I know Django has had a similar experience with PRA. I have had a regulatory statement from them which clearly confirms unenforceable status but no chasing. 

Sarah at Debt Camel has said that sometimes banks sell on debt with a clean break proviso meaning that the purchaser can't go back and bother them for CCAs. I'm wondering whether this applies in your case.

sourcrates

The consumer credit act just requires that a statement be provided, it does not go into detail on the contents of such a document, so it would depend on your definition of "statement".

"Sarah at Debt Camel has said that sometimes banks sell on debt with a clean break proviso meaning that the purchaser can't go back and bother them for CCAs. I'm wondering whether this applies in your case".

This is why the sale of debt is such a closely guarded commercial secret, we are not privy to the secret deals done between these companies, but it would make sense that such agreements exist.

As has been said many times before, its all a numbers game with companies such as Lowell, they buy these accounts in bulk, not knowing their previous history, if they wanted a result every time, they could spend millions on the best legal brains to fight each case, but would not expect to be in business very long, so they concentrate efforts where they know they can win, and just play games with the rest of us.

That results in some folk not being chased, whilst others are, and it all hinges on whether they can produce just the right piece of paper or not.

tigergambit

sourcrates said:

The consumer credit act just requires that a statement be provided, it does not go into detail on the contents of such a document, so it would depend on your definition of "statement".

"Sarah at Debt Camel has said that sometimes banks sell on debt with a clean break proviso meaning that the purchaser can't go back and bother them for CCAs. I'm wondering whether this applies in your case".

This is why the sale of debt is such a closely guarded commercial secret, we are not privy to the secret deals done between these companies, but it would make sense that such agreements exist.

As has been said many times before, its all a numbers game with companies such as Lowell, they buy these accounts in bulk, not knowing their previous history, if they wanted a result every time, they could spend millions on the best legal brains to fight each case, but would not expect to be in business very long, so they concentrate efforts where they know they can win, and just play games with the rest of us.

That results in some folk not being chased, whilst others are, and it all hinges on whether they can produce just the right piece of paper or not.

I'm very happy not being chased and lying low on this one

bennymie

Thank you all for replying to my thread. I had a closer look at the paper work and the Agreement terms are from 2021 and not from when I signed the agreement in 2014 which isn't even showing any credit limit.

It is worth noting that M&S dropped off my credit files about 2 years ago if my memory serves me right. 

bennymie

Also in the last sentence above the signature box it says "Your application is subject to status". I am a bit confused to what the form is, actual agreement with no credit limit?!?!! or application form
My guts are telling me something isn't right!

stu12345_2

sourcrates gave good reply in a previous thread and in my own requests my creditors told me the current interest rates etc.ehich may differ from original 
also the credit limits are not always in the agreement, but states the limit will be decided upon how you perform etc and decision will be made.


anyway here is sourcrates reply on a different thread
 in particular the statement of account that should be supplied

Credit limit is not important, agreement should show the following -

Consumer Credit Act request under sections 77, 78 and 79

You should be sent a ‘true copy’ of your agreement that is easy to read and a statement of your account signed by your creditor. The ‘true copy’ must contain all the terms and conditions from your original agreement, information about any changes made to the agreement and your name and address at the time that you took out the agreement. It does not have to include a signature box, signature or the date of signature from your original agreement.

The statement of account should be signed by the creditor and tell you:

• how much you have paid (if you borrowed a fixed amount);

• how much you still owe; and

• what you still  have to pay and when

bennymie

Thank you. You've been really helpful, I will send a letter towards the end on my 30 day window 

fatbelly

bennymie said:

Thank you. You've been really helpful, I will send a letter towards the end on my 30 day window 

What 30-day window?

Have you had a formal preaction letter?

In that case you respond on the form (boxes c &i )

https://debtcamel.co.uk/letter-before-claim-ccj/

bennymie

fatbelly said:

bennymie said:

Thank you. You've been really helpful, I will send a letter towards the end on my 30 day window 

What 30-day window?

Have you had a formal preaction letter?

In that case you respond on the form (boxes c &i )

https://debtcamel.co.uk/letter-before-claim-ccj/

It says on their letter that my account is on hold for 30 days to give me time to review it 

sourcrates

Oh, those meaningless time scales Lowell give you can be ignored.

We thought you were referring to a pre-action letter response time.