CCA by email / login

MK-4

Hi all,

Long time since I posted on here but regularly check the forums to see all the positive advice being given.

My DMP started in April 2018 and has been trundling along since then.

All my defaults have now been removed from my credit ratings. A large chunk of my debt has been paid off but still a fair way to go with 15 years to go on some debts. With my age, health conditions and income it may be difficult or unlikely that all the debts will be fully paid off.

I have recently requested CCA’s from the creditors where this is applicable.

Lowell have emailed me to state “We do not currently hold all the documents for this debt, but we have requested these from (the original creditor) and, once received, we will post them on your online account at lowell.co.uk for you to view and download”
This is currently within the 12 + 2 days for them to provide an enforceable CCA.

Should the CCA be posted rather than by email / login?

Thanks for any advice.

Grumpelstiltskin

I do hope you have stopped paying the  debts you have requested CCAs for and you haven't received them.

With the debs being so old it is unlikely the CCAs can be found, not impossible but unlikely.

MK-4

Grumpelstiltskin said:

I do hope you have stopped paying the  debts you have requested CCAs for and you haven't received them.

With the debs being so old it is unlikely the CCAs can be found, not impossible but unlikely.

Thanks for your advice. The CCA's have only recently been requested, expect response by 3/11/25 and if no documents received then the payments will be stopped.

sourcrates

You won`t get to hear anything for a good few months, they have to request this paperwork from the original creditors, this takes time, the 12+2 days are only guidelines, and were set in 1974.

tigergambit

MK-4 said:

Grumpelstiltskin said:

I do hope you have stopped paying the  debts you have requested CCAs for and you haven't received them.

With the debs being so old it is unlikely the CCAs can be found, not impossible but unlikely.

Thanks for your advice. The CCA's have only recently been requested, expect response by 3/11/25 and if no documents received then the payments will be stopped.

You should stop paying straight away. Creditors should not chase payment until the CCA is provided, you can restart then if necessary.

MK-4

Thanks for all your replies.  I am on a SC DMP and the payment is about to go out, so that will be the last one for now. One creditor that has not sold on the debt has agreed to settle for 20%.  Hoping to get the others to accept 10 to 20% if CCA is enforceable.
Still have a question about must the CCA paperwork be posted to me?

sourcrates

MK-4 said:

Still have a question about must the CCA paperwork be posted to me?

Yes it should be a hard copy posted in a good old fashioned letter, it must also be compliant, and legible.

ManyWays

The point of asking for a CCA agreement is to know whether you can safely stop paying them. If they supply the CCA agreement (legible, compliant etc) by email, you cannot stop paying them. Whether they should have sent it by letter is irrelevant. 

MK-4

Thanks ManyWays, it looks like I may have to register on their web site to view any documents they get.
The first good news from the CCA's that were posted is that one creditor has come back as unenforceable. Another debt with them did not get a CCA request as it is an overdraft, as it seems that overdrafts are not under the CCA rules. Will try to offer a percentage to settle in the coming months.
I now await response from the remaining 4 creditors.

sourcrates

MK-4 said:

 Another debt with them did not get a CCA request as it is an overdraft, as it seems that overdrafts are not under the CCA rules. 

That`s not strictly true, just for clarification purposes, sec 74A CCA applies to overdrafts:

74A Information to be provided on a current account agreement

(1)This section applies to a current account agreement where—

(a)there is the possibility that the account-holder may be allowed to overdraw on the current account without a pre-arranged overdraft or exceed a pre-arranged overdraft limit, and

(b)if the account-holder did so, this would be a regulated consumer credit agreement.

The lender/debt collector should still be required to obtain information on interest rates, charges etc etc, its just that there is no penalty for non compliance, as it is not covered by sec 77 CCA, which is why we say don`t bother using sec 77 for overdrafts.

MK-4

Thanks sourcrates, I will send them a CCA in the next days. There is only one other debt that I have not requested the CCA as they have already accepted a settlement offer and only waiting for their letter to confirm this.