Lowell query re CCA

penguin10

Hi - My sister has sent many CCA letters and some have come back saying no info can be provided so she has stopped paying (took a lot of persuasion to convince her it was ok to do this!).
She has a debt with Lowell and shortly after she sent the letter (about 2 months ago) they wrote saying they have asked Creation (original credit card) for the documents & aim to provide it within 12 days. She stopped payments towards it.
Meantime they have now written so say since they (Lowell) are not the original creditor they are not under any obligation to send the documents to me. The requirement is only applicable whilst the agreement remains active (which was the case when it was with Creation) but that account is now closed and the agreement terminated.
Am I right in telling her that this changes nothing - the debt is still unenforceable and its ok that she has stopped making payments towards it?
Thanks

Rob5342

It doesn't matter what they say, if they haven't supplied the cca within 12 days of you asking for it then they cant take legal action to enforce the debt, so you.can simply ignore it. 

dankemp

penguin10 said:

Hi - My sister has sent many CCA letters and some have come back saying no info can be provided so she has stopped paying (took a lot of persuasion to convince her it was ok to do this!).
She has a debt with Lowell and shortly after she sent the letter (about 2 months ago) they wrote saying they have asked Creation (original credit card) for the documents & aim to provide it within 12 days. She stopped payments towards it.
Meantime they have now written so say since they (Lowell) are not the original creditor they are not under any obligation to send the documents to me. The requirement is only applicable whilst the agreement remains active (which was the case when it was with Creation) but that account is now closed and the agreement terminated.
Am I right in telling her that this changes nothing - the debt is still unenforceable and its ok that she has stopped making payments towards it?
Thanks

Rob is spot on
Honestly, Lowell are one of the lowest forms of life on this planet.
Have a look at this page from Debt Camel where you can hear some of the total nonsense they spout and responses that put them in their place.
https://debtcamel.co.uk/hoist-debt-sold-to-lowell/comment-page-1/#comments
Hopefully this will reassure your sister and get these vermin off her back.

fatbelly

Suggest that they train their staff to better understand the Consumer Credit Act

Particularly the definitions section at the end where creditor is defined as the person to whom the rights and duties have been passed by assignment

sourcrates

When companies such as Lowell buy these debts, they do so in bulk, many 1000`s of accounts at a time.

When they are sold, the debts are legally assigned to Lowell, that means they transfer all rights and privileges of the original creditor, to Lowell, so it looks like a lack of diligence on Lowell`s part training their staff here.

You might want to write back and correct them.

penguin10

Thank you all for confirming this - I will pass on the info

penguin10

Hope its ok to add on another query this time re LINK.
For some accounts, my sister got the letter from LINK stating no CCA could be provided.
but in relation to an old mbna credit card the letter states:
"enclosed documents re section 77/78 request under the CCA 1974...provided by original vendor ...account now enforceable ....this completes our obligations under 77/78 of the Act"
What they sent was what to me looks like a copy of an online application form from 2003 with her details (inc employer/other credit card debts/bank details and even password!.) That was one page. 
Then another 3 pages with lots of sections and small print. 
1st 3 lines are:
"Terms & Conditions" 
"Please refer to your Credit Agreement for conditions 1,2 and 3"
"4. Authorised users"

Sections are noted from 4 to 19.  There's nothing "personal" on this document at all.

I am wondering have they actually sent her the CCA document that she requested?  I suspect not.
If so, should she now write to them again reiterating her request?
Thanks 

sourcrates

Quite common for them to supply a copy of an application form and some bits and bobs T`s & C`s, none of which is a credit agreement, nor constitutes an adequate response to her request.

She can tell them they have not satisfied her request in the slightest.

Debt camel and National debtline list  what an adequate response  to a sec 77 request should be, and that isn`t it.

penguin10

That's great news - thank you so much