Advice please! Newbie with DCA trouble

moneymeltdown

just to update this situation,I've just received this letter from Lowell...

"We refer to your recent request for a copy of the original credit agreement in respect of the Consumer Credit Act 1974.
After liaising with our client in an effort to obtain this document,we have been advised that it is no longer available. Under the circumstances,we have closed our files in relation to this account which has now been returned to our client. We can confirm that no further contact will be made by us regarding this account."

Does anyone know what could happen now? Thanks!

rog2

moneymeltdown wrote: »

Does anyone know what could happen now? Thanks!

It means, mmd, that Lowell were unable to comply with their legal obligations, under the terms of the Consumer Credit Act, 1974, and can, no longer attempt to enforce the agreement.

It should also mean that they must not pass details of the 'alleged debt' on to other dca's, and that you should, no longer, be pursued for this 'debt'.

However, the murky world of 'debt collection' that Lowell inhabits is not known for respecting what they should do and some have been known to pass on details to other dca's, even less scrupulous (if that were possible) than Lowell, who may try to pursue you for this now unenforceable 'debt'.

So keep all of the correspondence, just in case. Otherwise - relax, you have won.

moneymeltdown

thankyou rog2. One more question...If the debt is passed onto another dca,does the whole cca request process start again?

rog2

moneymeltdown wrote: »

thankyou rog2. One more question...If the debt is passed onto another dca,does the whole cca request process start again?

It should not be necessary, and, if it happens, you should report Lowells (indeed the original creditor, too, as he has admitted that he can not provide the cca) to the Trading Standards in the first instance, followed by a complaint to the Information Commissioner's Office as they will have, then, acted illegally by passing on your details.

Jeekah

rog2 wrote: »

Don't be too worried by that letter, mmd. It is common practice for the less professional Debt Collection Agencies, such as LOWELL, to try to divert your attention away from the fact that they have not, or can not, comply with their legal obligations under the terms of the Consumer Credit Act, 1974.
You have, by requeting a true signed copy of the original consumer credit agreement, started a legal process, and, by not having provided this documentation within the legally prescribed time scale it is now LOWELL who are in default. You should send the 12+2 day letter (I will post a link in a few minutes as am not on my own computer at the moment).
You can, now, legally ignore any further similar letter - to me, Lowell probably know that they will be unable to provide you with the required documentation and are trying to 'cover their costs'. In the most unlikely event that they were to initiate legal proceedings you have a full defence in that you requested the cca, and account details, as per your rights under the Consumer Credit Act, and Lowell were unable/unwilling to provide you with this information.
The 'alleged debt' is unproven and, therefore, irrideemably unenforceable.
Lowell now ave a further 30 days, to provide you with this information/documentation. Even if they do, and there is a 'debt' owed by you, Lowell will need to apply to the Courts in order to collect. If, at the end of the further 30 days, they still have not provided you with the information, then they (LOWELL) will have committed a criminal offence.

Thank you Rog2 for the above explanation, I too have just received the same 'reduced offer' letter as MMD and was wondering what the next stage should be. You answered my question!

MoneyMeltDown, if you have an update on your Lowell 'situation' I would love to hear it as you are a bit ahead of me in the request stage.

J