Lowell

[aspect1968]

Hi all. I have a credit card debt which lowell are dealing with. It £6500 Last payment was 2016 when i had probs with csa. I have written to them with a prove it letter. Today a recieved a package with loads of old statements. In the pack was a BLANK credit agreemet, no signature etc. So the pack only contains old statements. The enclosed letter says i must contact them to oraganise a payment plan. No CCJ as yet. My prove it letter asked them to provide my with the signed credit agreement. Is this enforcable with a CCJ? Should i write back asking for a signed copy? Thanks in advance.

Are copies of statements enough to prove the debt or do they need to provide a signed credit agreement?

Steve

[aspect1968]

Just to add. I sent my prove it letter 17th December 2018. I got my reply 27th March

[Timewilltell]

Was this prove it letter a CCA sec77-79 request or an off the cuff letter?

[aspect1968]

Hi. Thanks for your reply.

It was sent 17th December 2018 as a CCA sec77-79 request. I got a reply yesterday 27th March 2019. Copies of statements and copies of letters. There was a blank credit agreement with no details and no signatures etc. So they have sent me loads of old statements really. Ia that enough to secure a CCJ against me? Should i write back?

Please see attached request from me.

[Timewilltell]

No, I wouldn’t think so. I wouldn’t continue to write back either. I’d be patient and wait for their next move.

[Roger]

See below

[Roger]

Hi. Thanks for your reply.
It was sent 17th December 2018 as a CCA sec77-79 request. I got a reply yesterday 27th March 2019. Copies of statements and copies of letters. There was a blank credit agreement with no details and no signatures etc. So they have sent me loads of old statements really. Ia that enough to secure a CCJ against me? Should i write back?
Please see attached request from me.

I am not a Lawyer so can't comment on your prove it letter.

Going further than the contents of the AAD template is something that I personally wouldn't advice.

The AAD template for a CCA S.77/78 plus £1 doesn't admit the debt and you are covered under the ACT

It will help AAD Mods and yourself if you could use the AAD Diary approach (no two debts are identical) using the following format

• Type of account (credit card/loan)
• Date commenced (ideally before Apr 2007)
• Approx balance
• Date last paid (approximate date you last made a FULL payment)
• Are you on arrangement or not paying
• Status (default/in arrears/up-to-date)
• Account owner (who is writing to you, a DCA or the lender)

Providing the above information, for each account helps AAD and yourself.

[aspect1968]

Thanks guys. I will update with the correct format asap

[cymruambyth]

Did your send £1 with your request? If not I would send the template CCA request from this site. The £1 although a small amount is the statutory fee required for this request; our template letters have been checked by a solicitor and cover all the legal requirements. It would appear that they have failed to comply with your request which makes the debt unenforceable in court, however you want to ensure that you have asked the question in the right way.

[nightwatch]

Hi,
I would agree with Cym, what you sent as a request is not worded as a formal CCA request, which must be sent with the £1.00 fee. so they can send anything and tell you it is what you asked for.

as for a CCJ they first have to try harder to get you to pay so they can prove to the court they have done all they can,
they then pass to a solicitor who has to send a pre court letter to you.

so unless you have had a letter of claim a CCJ is miles away,
This is why we ask you to make a diary entry of the account and any contact you have had with/ from them.

so get another CCa request off to them ,using the template letter on this site, enclose the £1.00 fee, send signed for. await their reply and post back up here,

NW

[The Tech Clerk]

CCA Request

[aspect1968]

Fantastic advice. Thank you. I will send a CCA request from your template with the £1 postal order tomorrow and update.

Thanks again

Steve

[Joanna Connolly Solicitors]

I have a credit card debt which lowell are dealing with. It £6500 Last payment was 2016 when i had probs with csa. I have written to them with a prove it letter. Today a recieved a package with loads of old statements. In the pack was a BLANK credit agreemet, no signature etc. So the pack only contains old statements. The enclosed letter says i must contact them to oraganise a payment plan. No CCJ as yet. My prove it letter asked them to provide my with the signed credit agreement. Is this enforcable with a CCJ?

Hello

It's difficult to say with certainty whether what you've been sent is sufficient for Lowell to win a claim in court.

It will depend on the facts such as when was the account opened and how, and whether the debt owner has complied with all their other statutory duties.

Section 78 is for 'information' purposes not 'proof' purposes, so a debt owner can send you 'something' which the court may consider satisfies your request, but that 'something' may not comply with other sections of the Act.

In the case of Santander v Mayhew (me ) the DJ found that the Claimant had complied with s 78 but they lost the case on other legal arguments. See Paragraph 14 of my Judgment > https://www.bailii.org/ew/cases/Misc/2012/14.html and then read Paragraph 11 and 13 and you'll see what I mean.

However since you've not (yet) sent a formal CCA Request together with the £1 statutory fee the debt is not unenforceable under s77-79.

If they respond with the same documentation then email it to Niddy (Never-In-Doubt forum owner) using webmaster@all-about-debt.co.uk and he'll give you an opinion of whether it's enforceable or not.

Who is writing to you - is it Lowell Portfolio or Lowell solicitors?

Do you have any other debts which the forum can help you with?

Di

[aspect1968]

Hi all. Thanks for taking time to read my case.

Tesco credit card. Online i think in 2011
Last payment July 2015
Ballance £6700
Lowell DCA sent it to thier Lowell solicitor to look at poss CCJ.

I sent a CCA request with a £1 postal order using a template i found on 17th Dec 2018. My reply came back 27th March 2019 three months late.

The pack contains all my old statements an a copy of the credit agreement. Not signed but i read they dont have to be.

In the pack was the letter saying i have to make arangements to settle the debt.

Should i make an offer of £2500 as full and final or £100 pcm maybe?

I think i may have to give in on this one.

Do you guys have any thoughts?

Thanks again for looking

Steve

[Roger]

Hi all. Thanks for taking time to read my case.
Tesco credit card. Online i think in 2011
Last payment July 2015
Ballance £6700
Lowell DCA sent it to thier Lowell solicitor to look at poss CCJ.

I sent a CCA request with a £1 postal order using a template i found on 17th Dec 2018. My reply came back 27th March 2019 three months late.
The pack contains all my old statements an a copy of the credit agreement. Not signed but i read they dont have to be.
In the pack was the letter saying i have to make arangements to settle the debt.
Should i make an offer of £2500 as full and final or £100 pcm maybe?
I think i may have to give in on this one.
Do you guys have any thoughts?
Thanks again for looking
Steve

Hello

It's difficult to say with certainty whether what you've been sent is sufficient for Lowell to win a claim in court.

It will depend on the facts such as when was the account opened and how, and whether the debt owner has complied with all their other statutory duties.

Section 78 is for 'information' purposes not 'proof' purposes, so a debt owner can send you 'something' which the court may consider satisfies your request, but that 'something' may not comply with other sections of the Act.

In the case of Santander v Mayhew (me ) the DJ found that the Claimant had complied with s 78 but they lost the case on other legal arguments. See Paragraph 14 of my Judgment > https://www.bailii.org/ew/cases/Misc/2012/14.html and then read Paragraph 11 and 13 and you'll see what I mean.

However since you've not (yet) sent a formal CCA Request together with the £1 statutory fee the debt is not unenforceable under s77-79.

If they respond with the same documentation then email it to Niddy (Never-In-Doubt forum owner) using webmaster@all-about-debt.co.uk and he'll give you an opinion of whether it's enforceable or not.

Who is writing to you - is it Lowell Portfolio or Lowell solicitors?

Do you have any other debts which the forum can help you with?

Di

You should follow Di's advice and send the unredacted CCA to Niddy for an opinion as to whether UE or NOT.

Its worth reading through Di's entry because there are many reasons why a Debt is UE not just the CCA!