letter from lowell re CCA request

[brummie]

We sent out a number of CCA requests last month, and 5 went to Lowell. They have responded to 4 with the usual "we have forwarded to the originator" but one letter has come back saying;

"We refer to your recent request for CCA.......please be advised, however, that the account was repaid in 2012 and S77 (3A) states that we do not need to comply with your request where no sums of money are owed on the account......we have requested our finance department to refund your overpayment.........."

So my partner has been paying this since 2012 not knowing that it had been satisfied, and they kept taking the payment via DD from the bank. Are they obliged to provide me a full statement of account if i send them a DSARS?

Regards

Brummie.

[Undercover Elsa]

Re: letter from lowell re CCA request

Hi Brummie,
Who actually owned the account in 2012 when it was repaid> Lowells or the original company?
If you DSAR Lowells they are only required to send you any data THEY hold on you, nothing before that.

Elsa x

[brummie]

Re: letter from lowell re CCA request

Hi Elsa

Lowells have owned these accounts since well before 2012, probably back to 2007 when Nikki went to CAB and was advised to make token payments. On reflection, it might be our worth to just forget about it for now and not cash the cheque for the refund, as we are challenging CCA'S on other accounts with them. But it just goes to show their responsibilities diminish when it comes to monitoring such accounts and informing people. They soon flag up when you miss a payment....

[SXGuy]

Re: letter from lowell re CCA request

They have to treat each account separately, so please do not think you cant cash the cheque If you are going down the UE route with the other accounts. It does not affect another account. They are all separate issues.

[brummie]

Re: letter from lowell re CCA request

Then maybe i should ask them for a statutory 8% interest on the repayment amount dated back to october 2012?

[SXGuy]

Re: letter from lowell re CCA request

Yes I think you should. Infact there may be more to add. Di30 is the person you should speak to. I will give her a nudge to your thread.

[di30]

Re: letter from lowell re CCA request

Thank you SXGuy for pm. :-)

Brummie, personally I would be requesting for the 8% stat interest, I would have thought this to have been standard.

For each account they refund on you are entitled to request for a copy of the breakdown with dates and to show how they worked it out for the refund, and yes do ask for the 8% to be backdated, any problem let us know.

Good luck.

[brummie]

Re: letter from lowell re CCA request

Brill....thanks Di. Will pen a letter. Is there any statute that quotes they should provide a breakdown?

[SXGuy]

Re: letter from lowell re CCA request

Don't worry about that for now. Just say "as is my right, I request a full breakdown of calculations"