Lowell - Can't Find Original CC Agreement

THX

Hi folks.

I'm currently doing the self managed DMP dance.

Brachers have already stated that they will stop any further contact for 24 months.

Lowell however have sent me another letter. I had asked them to produce the original CCA.

This is their exact reply in the recent letter. Hidden away in the firth paragraph...

"Due to the age of the account, a copy agreement (sic) is no longer available to request from Lloyds Banking group PLC."

The account dates back to 2006. I think it was originally a Virgin card.

So where do I stand. This letter was sent on 14/05/2025. The most recent usual threatening letter is dated 8/07/2025. No further mention has been made of the lack of an original "copy agreement".

So where do I stand? Any advice would be greatly appreciated.

Thanks.

fatbelly

Why would they refer to Virgin if it was a Lloyds card? Or the other way around.

If this is a Consumer Credit Act debt, like a credit card, it is now unenforceable. You can stop paying.

RAS

Just be alert to the weasel words.

This debt could be unenforceable if it meets the requirements set by fatbelly.

But it still exists, so Lowell might explain it is still collectable. 

Of course, if out of kindness you want to pay a company who bought it for 5-30% of the value, that's your business. But there's no obligation.

That won't stop Lowell sending letters suggesting that they "might" pass it to lawyers who "might" take legal action, in the hope of scaring you.

They might also be daft enough to try it on. If you fail to defend legal action they could get a CCJ by default. The only defence you need is that they've failed to produce any CCA, but you still need to defend the case.

sourcrates

Take the initiative and write back telling them as they failed to supply a copy of the original credit agreement, the debt currently remains unenforceable, and you will not be making any kind of payment to it because of this.

Explain that you are aware they would have to produce such a document for the court if they were to take legal action to recover this balance, and as this is not available, as confirmed in their recent letter, they would be unable to secure a CCJ for this debt.

And so on that basis, please do not contact me again about this matter, as further correspondence will not be entered into.