Lowell Finance....again!

[StigTheToaster]

Hi to everyone. Hope someone can help me with this. I have had Lowell Finance chasing me since last November for a debt they claimed they had bought from HBOS. I sent them the request for the original credit agreement at the end of February 2014. They eventually replied on the 5th March saying that they had been unable to obtain this from HBOS and were 'closing my account'.

They have now written to me again, dated 17th May enclosing a copy of a credit agreement and details of the account, plus a further demand for payment. My question is, due to the time elapsed are they still legally allowed to pursue this. My understanding was that under the Consumer Credit Act they were obliged to provide the credit agreement within a fixed period, otherwise they had to drop the matter.

Advice please.

[Nibbler]

Re: Lowell Finance....again!

Your understanding is incorrect. If not supplied within 12 working days the consequence is that a court is not entitled to enforce the debt until such time as they do supply it.

At no time are they obliged to drop it, although they may make that commercial decision. If they later are able to supply the agreement they can reverse that.

Is it your agreement/debt?

[FlamingParrot]

Re: Lowell Finance....again!

This is a duplicate thread, I replied earlier to the original thread as below:

Welcome to LB

It is a common misconception that failure to comply with a CCA request within the 14 day timeframe makes the account unenforceable forever. In fact, it's only unenforceable for as long as they are in default of your request.

Whether the account is still unenforceable or not would depend on what exactly they sent in response to your CCA request. :decision:

Could you scan or take a picture hoto: of the purported agreement and post it up here? :typing:

See this for reference about uploading documents to the site: http://www.legalbeagles.info/forums/showthread.php?44713-How-to-Upload-Documents-%28and-keep-your-details-safe!%29&p=431700#post431700 :nerd:

Can you tell us a bit more about this account, such as when you last made a payment and when it was opened?