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Lowell no default no cca

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  • Lowell no default no cca

    Hi Iíve 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 donít hold the original CCA and that the original loan company donít 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 donít really know how to proceed with Lowell.

    Thanks for any advice

  • #2
    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
    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.

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    • #3
      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 canít enforce it with the CCA however Lowell can still default it from now rather than the original date.

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      • #4
        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
        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.

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        • #5
          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

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          • #6
            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 wonít show on your credit records.
            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.

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            • #7
              Hi thanks for your reply. I will now send for the CCA by letter with postal order, Iíve 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 itís 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 wonít. The originator says it canít default it as it has no records and Lowell says it canít default it as it was sold to them as Ďundefaultedí.

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              • #8
                Who was the original creditor and when (what year) did the loan begin?

                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

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                • #9
                  The loan began in 2012 and the original holder of the loan is a company called Creation Finance Ltd

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                  • #10
                    Originally posted by Artmarino View Post
                    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 canít 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
                    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

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                    • #11
                      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?

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                      • #12
                        Hi some updates. Lowell have responded to CCA request (from template thanks) saying they donít have the info and have asked creation to send it to me within 12 days. They say if I havenít 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.

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                        • #13
                          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.

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                          • #14
                            SAR sent to creation, nothing back yet. Why is the lack of default notice on my side?

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                            • #15
                              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 didnít even rule on the other points in my defence.

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