Lowell no default no cca

[Artmarino]

I’ve just received the data subject access request from creation. The information contained: “copy of signed agreement relating to your account is no longer available; reconstituted copy of the account statement summary( this is one page of payments including DMP payments ) reconstituted copy of account information held (this is half a page of info name; DOB; address etc) payment protection insurance was not applied to the account”

There are no records of any default on the account and there is no CCA agreement.

[The Tech Clerk]

copy of signed agreement relating to your account is no longer available; = Ah!!! What a shame they must be upset!!! = Interesting scenario

[Warwick65]

copy of signed agreement relating to your account is no longer available; = Ah!!! What a shame they must be upset!!! = Interesting scenario

From what you have said the account was opened in about 2012 so I think it will be more technical issues such as the lack of DN etc which will be the cards to play IF you need to. If they can supply a true recon of the agreement you would have signed they can fulfil their requirements under S77-79 - however that is for information purposes only , they would still need to demonstrate you had the money and didn't repay it

[Artmarino]

Well Lowell have instructed creation to send me the CCA agreement so will see what happens. I will now out of interest send CCA requests to my other creditors and see what happens. I never intended to find out if the debt with Lowell was enforceable or not my only issue was that there had been no default date put on as of nov 2013. It was because of my pursuing that I became aware of everything else. Just shows you

[Roger]

Well Lowell have instructed creation to send me the CCA agreement so will see what happens. I will now out of interest send CCA requests to my other creditors and see what happens. I never intended to find out if the debt with Lowell was enforceable or not my only issue was that there had been no default date put on as of nov 2013. It was because of my pursuing that I became aware of everything else. Just shows you

If it isn't in the SAR, which is now a legal data right! Then it doesn't exist!

[Artmarino]

Hi Just a update of there I’ve now got to with Lowell. I offered a very low settlement offer after no correspondence was forth coming from them with further details of the CCA. They have refused this and countered with a 30% discount. They have sent me four pages of information which they say they have now received from Creation. Three pages are copies of the statement of my account with Creation (has my original maiden name and address; two of the pages are DMP plan payments to Creation). Creation has already sent me this info. Creation also said in response to my SARS request that they held no signed copy of my agreement. What Lowell has produced is a one page photo copy of terms and conditions, however there is no cost of the credit or any other documents. Lowell have said in light of sending me these documents that my offer was too low and have said they will stop collecting on the debt for 30 days for me to consider their offer. When I wrote to them to offer the final settlement I made it clear that if they refused it I would have no choice but to stop payments on the account. What do you think?

[Joanna Connolly Solicitors]

You need to send whatever documents Lowell have sent you to Niddy (forum owner) for his opinion on whether they've produced an enforceable credit agreement. Use webmaster@all-about-debt.co.uk

The documents which Creation provided in their SAR response are not relevant at this stage, just keep them safe. It's Lowell who have a statutory duty to comply with your s77-79 CCA Request.

Can you set out the history of the account in this format in order to get accurate help and support >

• 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 or a debt purchaser)

I'm not sure why you made an offer to settle but maybe ask on the forum before you do anything because the outstanding balance is £9k (or have I misunderstood that?).

Di

[Artmarino]

Hi Diana thanks for getting back.

The account was an unsecured loan
It commenced in May 2012
Balance is just under £9000
Last full payment was November 2013
I am currently on a DMP and paying Lowell through that
The status is one month arrears no default (although it has never been in arrears)
Account owner is Lowell Finance

[Joanna Connolly Solicitors]

Hi Diana thanks for getting back.

The account was an unsecured loan
It commenced in May 2012
Balance is just under £9000
Last full payment was November 2013
I am currently on a DMP and paying Lowell through that
The status is one month arrears no default (although it has never been in arrears)
Account owner is Lowell Finance

How did you open the account in 2012 such as online or completing an application form which you signed etc?

Was it a personal loan (lump sum paid into your bank account) or was it 'finance' for a purchase through one of their partners such as dfs , Argos, ASDA or Currys etc?

Lowell is a debt purchaser so the account has been assigned to them by Creation. This means the account should have been defaulted (did you receive a Default Notice?) before it was terminated and sold.

Was there any reference to a DN in your SAR from Creation?

Di

[Artmarino]

Hi the original application was done online. I have the email that Creation sent to me outlining that if my application was successful then they would send me the paperwork to sign and return. I received that by post. It was a personal loan.

The issue has always been that the account was not defaulted. Lowell said they bought the debt from Creation ‘undefaulted’ and Creation said all info on my account had been wiped after the debt was sold, so they could not default it. I think on my credit report Lowell report this debt as a long term unsecured loan being paid through a DMP.

The SARS request produced a very limited amount of info and no default letter/notice. They basically said in the letter to me they had no copy of my agreement but they definitely knew they didn’t sell my PPI so I didn’t have a claim??

[Artmarino]

The documents were sent to Niddy to have a look and he said they were UE.

I am unsure as to my next move. I would like this account to be closed however I don’t know how to do this. There has been no default put on it and it is currently in a DMP with Stepchange. If I stop paying whatever is put on my credit report is bound to hurt it just as my credit report is beginning to improve (as all the other debts have default notices which will mean they come off my credit report early next year). I know it’s UE however I am willing to pay a final settlement figure just to move on as we want to try and get a mortgage next year too. Sorry feel quite despondent today about all the debts and being unable to be debt free.

[Joanna Connolly Solicitors]

The documents were sent to Niddy to have a look and he said they were UE.

I am unsure as to my next move. I would like this account to be closed however I don’t know how to do this. There has been no default put on it . . . .

If I stop paying whatever is put on my credit report is bound to hurt it just as my credit report is beginning to improve (as all the other debts have default notices which will mean they come off my credit report early next year). I know it’s UE however I am willing to pay a final settlement figure

I think you are facing two separate issues here.

The first one is whether the debt is 'unenforceable' since Lowell has not yet produced a signed credit agreement, although since the account was opened in 2012 they may only need to produce a reconstituted credit agreement, albeit that must be 'honest and accurate'.

The second one is the apparent lack of a Default which could prove 'fatal' if they issued legal proceedings.

However, since this is a £9k debt I wouldn't expect Lowell to give up without a fight, especially since you are currently paying them through your DMP, so maybe you need to establish you legal position before attempting to get the account "closed".

In some situations (and this may not be one of those) a Debt Purchaser can assign the debt back to the original creditor who attempts to 'tidy up' the paperwork before re-assigning it to the Debt Purchaser or even a new Debt Purchaser.

I note you refer to the original creditor saying that you did not have PPI, so was your Subject Access Request to them only specific to any potential PPI claim? I'm asking to be clear as to whether they gave you everything they should have given you if it was a SAR.

Di