Lowell no default no cca

[Artmarino]

Hi I’ve been in a DMP for six years (nov 2013) now with 28,000 outstanding. Most of my debt is still with the original lender (one credit card, loan, overdraft with Ulster Bank). However there is one which has been sold onto Lowell with a balance of 9000. I have just discovered through disputing that there is no default date on the account (duh to me) that they don’t hold the original CCA and that the original loan company don’t have it either.

Lowell have stated that they have put my account on hold and I am still paying my DMP. So money is still being paid to them. However the account has never been defaulted and therefore if I stop paying they will presumably default it and the hope that all my defaults would fall off after six years will vanish.

We we now in a position of finally being able to make some final settlement offers but don’t really know how to proceed with Lowell.

Thanks for any advice

[The Tech Clerk]

you saying they admit (all parties) that they do not hold a CCA & state that you never been defaulted??? if the originator has no CCA (for Credit card/loan etc ) then they have a problem with any attempt to get a CCJ against you. Better you start a diary and list all events i.e.:- who originator taken out etc etc

have you got the facts in writing to you?? if so a case of possible you being cash cowed maybe we shall see

[Artmarino]

I asked Lowell for a SAR and they sent all the info they held on me. I then emailed them to ask for the CCA as I noted it was missing from the SAR info. The reply I received said they did not hold the original CCA and would be putting my account on hold. They said they would contact the originator of the loan and that if anything existed they would forward it to me; that was two months ago. I also contacted the originator who have confirmed they hold no information on me as the account was sold to Lowell. Neither is prepared to put the account into a default status, I know they can’t enforce it with the CCA however Lowell can still default it from now rather than the original date.

[The Tech Clerk]

ok so you have not made an official CCA1974 request enclosed a £1 to make it official request, Does not get included in a SAR request

CCA Request send with £1.00 postal order and keep copy of request and Recorded Delivery in a file, then post request date to a diary for this particular debt if you send to others then do the same I am sure other will advise also

[Warwick65]

With regard to the default - does the account still appear on your credit file and if so what s the status.

In any event you would need to send a GDPR request (new name for SAR and free) to the original creditor. That may very well show if the account was ever defaulted.

If it was Capital One and you were in a DMP before it was sold, they may well have registered the default but never actually sent the Default Notice. This is what they did with me , when Lowell tried to take me to court, they lost

[cymruambyth]

You state that you requested your agreement by email, for it to be a statutory request you need to send the request with £1 either a as postal order or a cheque. The template letter on this site is written by a solicitor to cover all the requirements. If they fail to agreement after this it then becomes unenforceable until they do supply the document. If it is unenforceable you need to consider the benefit of paying any further money.

For us to be able to help you need to supply more details; if you read https://all-about-debt.co.uk/forum/d...-read-me-first it will tell you how to set out the information requested. As others have said, if the account with Lowell was defaulted over 6 years ago the default won’t show on your credit records.

[Artmarino]

Hi thanks for your reply. I will now send for the CCA by letter with postal order, I’ve also sent a data request to the originator. The debt appears on my credit report as a fixed term agreement. The original default date was nov 2013 so it should have been defaulted in Feb 2014. The account appears as up to date with no default (there is a note to say it’s being paid through a DMP). All my other debts show the default date of around feb 2014 so will fall on my credit report early 2020. The Lowell one however won’t. The originator says it can’t default it as it has no records and Lowell says it can’t default it as it was sold to them as ‘undefaulted’.

[Joanna Connolly Solicitors]

Who was the original creditor and when (what year) did the loan begin?

Di

[Artmarino]

The loan began in 2012 and the original holder of the loan is a company called Creation Finance Ltd

[Joanna Connolly Solicitors]

The reply I received said they did not hold the original CCA and would be putting my account on hold. They said they would contact the originator of the loan and that if anything existed they would forward it to me; that was two months ago. I also contacted the originator who have confirmed they hold no information on me as the account was sold to Lowell. Neither is prepared to put the account into a default status, I know they can’t enforce it with the CCA however Lowell can still default it from now rather than the original date.

Are you saying that Creation Finance Ltd didn't issue/serve a Default Notice and didn't Default the account before it was terminated and assigned to Lowell? Or do you mean the Default took place but was not registered with the Credit Reference Agencies?

I don't see how Lowell can issue a Default Notice since they are not a 'credit giver' .

Did you send a formal SAR to Creation Finance or was your request for information made in a casual way such as by email or over the phone?

Di

[Artmarino]

Hi the default took place nov 2013 and was never registered. I defaulted on all my accounts at the same time to enter a DMP. The SAR request to Creation was in letter form. Creation say they sold the account to Lowell and have no paperwork to say it defaulted and Lowell say they bought the account without a default. Can Lowell default on an unenforceable debt?

[Artmarino]

Hi some updates. Lowell have responded to CCA request (from template thanks) saying they don’t have the info and have asked creation to send it to me within 12 days. They say if I haven’t heard from creation within 40 days they will contact me again. In the meantime they are not asking for any payments to be made. However they are still being paid through my DMP.

[Warwick65]

Well it is of course up to you what you should do. maybe wait to see if creation come up with the goods. As it is a 2012 debt it may be trickier but the lack of default notice is on your side.

Can you just clarify- did you send a SAR to Creation - and did they respond.? If they did, was there any mention of a default notice being sent . They do not have to provide a copy just a log entry to say it was sent.

[Artmarino]

SAR sent to creation, nothing back yet. Why is the lack of default notice on my side?

[Warwick65]

No default notice should mean they can not win if they go to court. Joanna Connolly (and Di) defended a claim I had and we won on no DN had been sent. The judge didn’t even rule on the other points in my defence.