scottygees UE diary

[Joanna Connolly Solicitors]

so at what stage should I send the illegible CCA agreement letter?

I cant see the history of this debt. It really helps to quote the original debt post and update it at the same time. Not knowing the debt amount or when the account was apparently opened makes it hard to comment.

You've been told that the JD Williams credit agreement is unenforceable because it’s unsigned and undated and illegible.

Dont tell them anything right now.

What did Lowells letter say would happen if you didn’t respond by 16th July?

Di

[scottygees]

I cant see the history of this debt. It really helps to quote the original debt post and update it at the same time. Not knowing the debt amount or when the account was apparently opened makes it hard to comment.

You've been told that the JD Williams credit agreement is unenforceable because it’s unsigned and undated and illegible.

Dont tell them anything right now.

What did Lowells letter say would happen if you didn’t respond by 16th July?

Di

Sorry Di I do need to do a proper diary for this debt. Lowell’s haven’t said anything yet apart from giving me the opportunity to query what they sent.

[Joanna Connolly Solicitors]

Lowell’s haven’t said anything yet apart from giving me the opportunity to query what they sent.

Okay, so no threat of legal action and Lowell Solicitors have not been instructed.

The “opportunity” to query what they sent is possibly them fishing for information from you so they can attempt to remedy the situation once you tell them what’s wrong with the credit agreement they produced in response to your s77-79 CCA Request.

Or am I just being cynical

See what they do next after the 16th July.

Try not to worry in the meantime.

Di

[The Tech Clerk]

you do not need to do lowells work for them,

[scottygees]

Okay, so no threat of legal action and Lowell Solicitors have not been instructed.

The “opportunity” to query what they sent is possibly them fishing for information from you so they can attempt to remedy the situation once you tell them what’s wrong with the credit agreement they produced in response to your s77-79 CCA Request.

Or am I just being cynical

See what they do next after the 16th July.

Try not to worry in the meantime.

Di

thanks Di

not worried as they also sent a similar letter when they supplied the CCA for another debt and have so far not taken any further action. I was just wondering at what stage to send the illegible CCA template letter that’s all my query was. I will await there next move and go from there.

once again big thanks to all who provide valuable information on this site.it is greatly appreciated

[scottygees]

Yorkshire Bank overdraft

Joint account but was initially in my name. Wife added to account when married


Date account opened -1987
last paid -Feb2017 via DMP
balance-£893
debt owned by NCO
debt now owned by Cabot

17/09/2017-letter recd from NCO request contact made
19/09/2017-overdraft CCA template letter issued
20/09/2017-CCA request recd and signed for by NCO
25/10/17-letter recd from NCO requesting clarification of current financial position, so please contact us etc etc
31/01/18-Letter recd from Cabot confirming they have taken the account back.It appears that NCO were just an agent of Cabot.As this was the case and NCO never provided the CCA as requested for the overdraft was wondering what next steps should be. I assume a SWID wouldn’t be applicable in this instance? Also is there a different SWID template for overdrafts?
15/03/18-Letter recd from Cabot stating account is being reviewed for legal action.Please reply in 28 days. This action can be avoided if payment plan set up etc etc.
29/3/18-Letter recd from Cabot dated 26/3/18 threatening legal action. I will send the follow up letter this weekend but a bit peeved that they haven’t even given me the initial 28 days to respond
4/4/18- non receipt of CCA 2nd follow up letter issued to Cabot
19/04/18-letter received from Cabot, noting dispute, they will be in touch with original lender and to be mindful it could take 16 weeks to resolve
11/5/18-Letter received from Cabot. Still unable to provide requested docs. Account on hold

06/09/18- letter received from Cabot as no payment being received their reasonable next action is to review account for legal action.Please contact in 28 days to prevent. Any need to take further action at this stage? Current creditor showing as Cabot Financial UK ltd. Many thanks in advance.

[The Tech Clerk]

see what they send next, that is the usual letter at this stage

[scottygees]

Happy to hear this

Di

so this weekend my wife has had a letter from Lowells regarding her JD Williams account where following her CCA request they have decided that for a quick resolution they have closed the account, cleared the outstanding balance and removed the default. My question here is, would it now be a good time for me to send a follow up letter regarding the illegible copy they sent me or would you still sit and wait their next move? Thanks in advance

[scottygees]

The SAR is between you and Vanquis (original creditor) and nothing to do with Lowells (debt purchaser).

Lowells won't automatically have access to that information either because when debts are assigned the debt purchaser receives minimal information (thankfully).

I wouldn't tell Lowells anything at this point. They have no duty to comply with your SAR to a third party (i.e. Vanquis) and it certainly won't stop their collections activity.

Di

'
So I still haven't received the SAR from Vanquis. I complained to the ICO following the 40 day deadline being breached but still haven't had a response from them either. Would it be wise to chase up the ICO for an update?

Meanwhile nothing to report of any significance from Lowells

Thanks

[Joanna Connolly Solicitors]

this weekend my wife has had a letter from Lowells regarding her JD Williams account where following her CCA request they have decided that for a quick resolution they have closed the account, cleared the outstanding balance and removed the default. My question here is, would it now be a good time for me to send a follow up letter regarding the illegible copy they sent me or would you still sit and wait their next move?

What next move?

Unless I've misunderstood Lowells have closed the account, cleared the balance, and removed the default from her CRA file.

I see no reason for you to have anything more to do with them ever again.

It's over I'm pleased to say

Definitely don't write to them about the illegibility issue in case they change their mind!

Di

[Joanna Connolly Solicitors]

this weekend my wife has had a letter from Lowells regarding her JD Williams account where following her CCA request they have decided that for a quick resolution they have closed the account, cleared the outstanding balance and removed the default. My question here is, would it now be a good time for me to send a follow up letter regarding the illegible copy they sent me or would you still sit and wait their next move?

What next move?

Unless I've misunderstood Lowells have closed the account, cleared the balance, and removed the default from her CRA file.

I see no reason for you to have anything more to do with them ever again.

It's over I'm pleased to say

Definitely don't write to them about the illegibility issue in case they change their mind!

Di

[scottygees]

What next move?

Unless I've misunderstood Lowells have closed the account, cleared the balance, and removed the default from her CRA file.

I see no reason for you to have anything more to do with them ever again.

It's over I'm pleased to say

Definitely don't write to them about the illegibility issue in case they change their mind!

Di

Sorry Di I can be a numpty sometimes, i also have a JDWilliams account that Lowell’s now own. The question was in relation to whether I should now contact Lowell’s about my account, as the agreement they sent me was ineligible and not signed or dated, in the hope they may take similar action to my wife’s account. Apologies for the confusion

[Joanna Connolly Solicitors]

Sorry Di I can be a numpty sometimes, i also have a JDWilliams account that Lowell’s now own. The question was in relation to whether I should now contact Lowell’s about my account, as the agreement they sent me was ineligible and not signed or dated, in the hope they may take similar action to my wife’s account. Apologies for the confusion

I see

Unless you quote the post which has the history of a debt which needs advice it's not easy to make suggestions.

However, general speaking, my view is if you tell a debt owner the credit agreement they've produced is illegible you run the risk of them sourcing or reconstituting a better (legible) version.

Ditto if you tell them it's not signed or dated. Never tell them what they've got wrong or they will attempt to correct their mistakes.

Di

[scottygees]

I see

Unless you quote the post which has the history of a debt which needs advice it's not easy to make suggestions.

However, general speaking, my view is if you tell a debt owner the credit agreement they've produced is illegible you run the risk of them sourcing or reconstituting a better (legible) version.

Ditto if you tell them it's not signed or dated. Never tell them what they've got wrong or they will attempt to correct their mistakes.

Di

thanks Di.i’ll keep quiet then

[scottygees]

06/09/18- letter received from Cabot as no payment being received their reasonable next action is to review account for legal action.Please contact in 28 days to prevent. Any need to take further action at this stage? Current creditor showing as Cabot Financial UK ltd. Many thanks in advance.

So further letter recd today from Cabot this time a little more threatening mentioning letter before claim, attachment of earnings etc and giving 14 days to reply. They still haven’t sent my requested CCA. Any advice at this stage ? Are Cabot still not registered ) TIA