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  • #16
    Thanks Di,
    Fully expecting PRA to chase and surprised they havenít but I guess itís just going to be a waiting game.

    Comment


    • #17
      Originally posted by Greybeard View Post
      Thanks Di,
      Fully expecting PRA to chase and surprised they havenít


      Maybe you expect PRA to chase you because you've been told that the credit agreement is enforceable based on the documents they've produced (so far).

      Maybe it is, and maybe it isn't.

      A section 78 CCA Request is for 'information' purposes not 'proof' purposes so even if the documents produced satisfy s 78 CCA Request that doesn't necessarily mean the debt is enforceable. The legal bar is higher for the next stage.

      In the case of Santander v Diana Mayhew (me ) I lost on s 78 CCA but won on other legal arguments pleaded.

      Take a look at Paragraph 14 of my Judgment here >

      https://www.bailii.org/ew/cases/Misc/2012/14.html

      And then read Paragraph 15 which says the claim was dismissed and they had to pay my legal costs.

      Di
      Legal Disclaimer

      I am a Litigation Executive at
      Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #18
        So after a period of no contact, I now have Lowell calling me. Having spoken to them today it transpires that the account has now been returned to them from Moorcroft and they want to set up a new payment agreement.
        Told them I was still waiting for info to be supplied under CCA and was told that they didn't need to send me a copy of the credit agreement as they had sent me a notice of assignment in 2015.
        I told them to send me whatever they thought they needed to but that until they complied with the CCA request (ie. send me a copy of the credit agreement) then the debt was unenforceable.
        What do you guys think?

        Comment


        • #19
          sit on your hands why are you ringing them?? they do not need reminding that they have not produced the required documents?? contacting them will make them think you are easy prey?? they do not need encouragement! you do not want them to search harder etc?? ringing them unless told to is a NO NO
          you were probably talking to a telephone jockey who gets commissions for ill gains :- script on a pad in front of them with no knowledge of the Legislation or trained liars hoping you believe them. (The sick debt collection cowboys)
          Last edited by The Tech Clerk; 19th June 2019, 09:33.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

          Comment


          • #20
            Originally posted by Greybeard View Post
            I now have Lowell calling me. Having spoken to them today it transpires that the account has now been returned to them from Moorcroft and they want to set up a new payment agreement.
            Told them I was still waiting for info to be supplied under CCA and was told that they didn't need to send me a copy of the credit agreement as they had sent me a notice of assignment in 2015.
            I told them to send me whatever they thought they needed to but that until they complied with the CCA request (ie. send me a copy of the credit agreement) then the debt was unenforceable.
            What do you guys think?

            Personally I wouldn't have spoken to Lowell on the phone.

            Everything needs to be in writing to create a paper trail especially since this is a £9k debt.

            It's good news that they have still not complied with your s77/79 CCA Request.

            Di
            Legal Disclaimer

            I am a Litigation Executive at
            Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #21
              Thanks All,

              If the advice then is to basically ignore them, at what point do I engage with them? Only by mail? or wait for an LBC?

              Comment


              • #22
                Originally posted by Greybeard View Post
                at what point do I engage with them? Only by mail? or wait for an LBC?

                Update on your thread each time to receive a letter from Lowell (or any of your other creditors) and suggestions on your next step will be given.

                If they intend to issue legal proceedings then the account will be passed to Lowell Solicitors. In the meantime expect letters from Lowell Portfolio.

                Di

                Legal Disclaimer

                I am a Litigation Executive at
                Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #23
                  Thanks Di!

                  Comment


                  • #24
                    Originally posted by Greybeard View Post
                    • Halifax Credit Card
                    • 1991
                    • 9K
                    • 2012
                    • DMP £80/mth
                    • Defaulted (over 6 years)
                    • Lowell-managed by Moorcroft Debt Recovery
                    05/02/19 CCA request sent
                    05/02/19 All PAYMENTS STOPPED
                    29/04/19 Letter received from Moorcroft stating that Lowell are unable to provide a copy of credit agreement so that's a bonus! They're asking me to call them to arrange a payment plan though because they believe the outstanding balance to be 'correctly due'.
                    Filed and ignored

                    I'll assume that this is the debt you've been discussing on the phone with Lowell?

                    It appears you sent your s77/78 CCA Request to Moorcroft (a Debt Collection Agency) not Lowell (the debt owner).

                    Don't send another request.

                    However at the moment you have nothing in writing from Lowell to acknowledge they've been asked to produce the credit agreement in order to comply with your statutory request.

                    Wait and see what they send you in the post next.

                    Di

                    Legal Disclaimer

                    I am a Litigation Executive at
                    Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #25
                      Looks like someone is keen to speak to me! Should I continue to ignore phone calls and wait for a letter?
                      96445406-1E3A-4258-9B41-95F5CD5A9E59.jpeg
                      Attached Files

                      Comment


                      • #26
                        Ah! the old machine auto diallers set to ring every day or so some time more, pick up and wait and you hear a click - signifies some poor respondent has fallen for the trap and auto dialler diverts call to a desk jockey?? who has a script to try and frighten you into submission and get them commissions and monies for the Xmas party they miss so much these days because people are wiser to facts? no doubt, see what they send next, all in writing if suggested you respond to any of them ever.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment


                        • #27
                          Thanks, got the number muted and not on vibrate either so donít even notice the call haha.

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