CCAs and Settlements

[Greybeard]

Thanks Di,
Fully expecting PRA to chase and surprised they haven’t but I guess it’s just going to be a waiting game.

[Joanna Connolly Solicitors]

Thanks Di,
Fully expecting PRA to chase and surprised they haven’t

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

[Greybeard]

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?

[The Tech Clerk]

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)

[Joanna Connolly Solicitors]

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

[Greybeard]

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?

[Joanna Connolly Solicitors]

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

[Greybeard]

Thanks Di!

[Joanna Connolly Solicitors]

• 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

[Greybeard]

Looks like someone is keen to speak to me! Should I continue to ignore phone calls and wait for a letter?

[The Tech Clerk]

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.

[Greybeard]

Thanks, got the number muted and not on vibrate either so don’t even notice the call haha.

[Greybeard]

Hi All, so the day before I go on holiday and what should come through the letterbox... LBC from PRA no surprise really I'd been expecting it.

Some advice on how to proceed please. Debt is £2950 and I have been sent some statements (just those relating to PRA) and a credit agreement that Niddy said was enforceable.

TIA

[The Tech Clerk]

0330 053 9340

.

Ring Di since you have PAP and pretty urgent that you are going away?

[Greybeard]

PAP?