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.

THX

sourcrates said:

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.

I'm inclined to take this advice. Despite me asking them to only contact me by post, for the perfectly true reason that it affects my already poor mental health, they are back to sending phone calls and texts.

Is there a template for sending such a letter to them.

Many thanks to everyone who replied.

sourcrates

Nothing wrong with using what I've written above, succinct and too the point.

Also re-iterate that under GDPR you require them to contact you in writing only and to remove all phone numbers from your account, otherwise you will be reporting them to the ICO for non compliance with data protection laws. 

You don`t need a template letter, just tell them what you want to say.

THX

sourcrates said:

Nothing wrong with using what I've written above, succinct and too the point.

Also re-iterate that under GDPR you require them to contact you in writing only and to remove all phone numbers from your account, otherwise you will be reporting them to the ICO for non compliance with data protection laws. 

You don`t need a template letter, just tell them what you want to say.

I'll draft a letter over the weekend and send it recorded delivery on Monday. Thank you!

THX

Letter sent today. Let's see what they come back with.

THX

sourcrates said:

Nothing wrong with using what I've written above, succinct and too the point.

Also re-iterate that under GDPR you require them to contact you in writing only and to remove all phone numbers from your account, otherwise you will be reporting them to the ICO for non compliance with data protection laws. 

You don`t need a template letter, just tell them what you want to say.

So Lowell sent back a snotty letter in reply to mine.

"Thank you for your recent letter."

"In order to ensure that we can contact you about your debt we need accurate information, this ensures that we are able to make the right amount of contact with you to help you become debt free with Lowell."

"This means that we will need to retain the correct contact information and won't be removing it."

"Lowell complies with the Ofcom and FCA regulations in relation to the frequency of contact, and we can assure you that we do not intend to harass you."

"We have requested a copy of the agreement for this account from the original creditor. We consider these documents sufficient evidence of your liability for this account and will contact you when we hear back from the original creditor."

"Your account has been placed on hold whilst we await a response from Original Company (sic) with regards to our request for the documentation."

"We trust this is satisfactory."

"Yours sincerely,

Lowell Customer Team"


As I posted earlier in the thread they have already told me that due to the age of the account a copy of the CCA is no longer available.

So what are they playing at here?

13thlegion

Simply sounding tough so you get fooled into paying.

THX

Well they can jog on.