scottygees UE diary

[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.
8/9/18-letter recd from Cabot stating they are considering sending account to external DCA.
17/9/18-letter recd from Cabot once again threatening Legal Action


[/B]

15/2/19- further letter received from Cabot. Reiterating the exact same information they have previously sent threatening Legal Action. I did write to them in April 2018 for which they replied it could take 16 weeks to get a formal response, I never received anything further regarding my 2 nd follow up letter. Any advice on what to do here? Should I just sit back and await their next contact or should I be chasing up a response to my 2 nd follow up letter?

thanks

[Roger]

They are in default of your S.77/78 CCA (Plus £1) .
Silence is your response here.

[Never-In-Doubt]

15/2/19- further letter received from Cabot. Reiterating the exact same information they have previously sent threatening Legal Action. I did write to them in April 2018 for which they replied it could take 16 weeks to get a formal response, I never received anything further regarding my 2 nd follow up letter. Any advice on what to do here? Should I just sit back and await their next contact or should I be chasing up a response to my 2 nd follow up letter?

thanks

It might be prudent to send a new s.78 request and new £1 fee. Just to be sure (I know it's an overdraft but lets see what they do and how they respond to a new s.78 request )

[scottygees]

It might be prudent to send a new s.78 request and new £1 fee. Just to be sure (I know it's an overdraft but lets see what they do and how they respond to a new s.78 request )

Thanks for the advice, just to confirm isn’t there an overdraft specific S78 letter?

[nightwatch]

Morning Scotty,
there is an overdraft CCA request in the template's, sorry cant link to it from my phone.

NW

[Joanna Connolly Solicitors]

just to confirm isn’t there an overdraft specific S78 letter?

Was this an arranged overdraft which was renewed annually since 2012?

If so then a s77/78 CCA Request would be applicable.

Di

[scottygees]

VANQUIS

• Credit Card
• Date commenced -not known
• Approx balance £1002
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment since Feb 2017
• Status -Default 31/8/2015
• Account owner-DLC

9/6/17-letter recd confirming they have been instructed by vanquish to collect balance and require me to contact them
26/6/17-letter recd offering a 50% reduction on outstanding balance
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
12/8/17-letter recdfrom DLC dated 1/8/17 stating they are only collectors and that I need to send request directly to Vanquis.They have returned the postal order. Any advice or should I just now send the request to Vanquis
17/08/17-CCA request made to Vanquis
19/08/17-CCA request delivered and signed for
01/09/17-CCA received from Vanquis dated 30/08/17.Awaiting advice
02/09/17-CCA sent to Niddy who confirms it is enforceable . Will await further contact from DCA before deciding what course of action to take.
11/12/17-Letter recd from Vanquis confirming now assigned to Lowell. Introducing letter recd from Lowell in the same envelope.
2/1/2018-letter received dated 28/12/17 from Lowell’s please contact us to arrange a a payment plan we are here to help. No action taken
27/01/18-Letter recd from Lowell’s they may look at referring for legal action.Best way to stop this is by contacting us to discuss affordable repayment plan.This letter also refers to JD Williams account
(01/02/18-SWID sent special delivery to Lowell’s
13/02/18-letter recd fro Lowells account on hold for 40 days until they can provide the CCA.
21/3/18-Letter and CCA recd from Lowell’s.This is an exact copy of the one Niddy has already said is enforceable. I assume no further action to take at this stage apart from await their next letter?
21/3/18- further letter recd from Lowell’s account on hold until 18th April to give me time to review the CCA they sent.
4/4/18-SAR request issued to Vanquis
19/4/18-letter received from Lowell’s.We are more than happy to help, please call us, Stepchange recommendations etc etc
4/5/18-letter from Lowell’s- no contact. Further action to be taken if no contact made
10/5/18-Letter received from Lowell’s dated 4/5/18 stating they haven’t heard from me , contact to make arrangements but this time saying they WILL take further action to recover debt if no contact made. I still haven’t received the SAR from Vanquis and have noticed the cheque hasn’t been cashed though I do have proof of delivery. How much longer should I give the SAR and if it isn’t received should I take any further action?

20/5/18-Letter received from Lowell’s stating they will now be passing the account to their collections department or one of our approved collections agencies. I was under the Impression Lowell’s were the Collection agency? They are also offering a 30% discount which can be paid in instalments. Any advice about the Collection agency part of my post?
3/12/18-letter recd from Lowell’s offering 20% discount
17/12/18-letter recd from Lowell’s confirming no payment is too big or too small, outlining payment examples
16/1/19-letter recd from Lowell’s “deciding our next steps” please respond by 31/1/19
SAR STILL OUTSTANDING




J Williams
4/4/18- CCA requested
12/4/18-Letter received from Lowell’s confirming receipt of CCA request.await their response
20/6/18-CCA received from Lowell’s giving until 16th July to respond with any queries
20/6/18-CCA sent to Niddy who confirmed as it isn’t legible and has no date or signature.
12/18-letter recd from Lowell’s offering 20% discount
17/12/18-letter recd from Lowell’s confirming no payment is too big or too small, outlining payment examples
16/1/19-letter recd from Lowell’s “deciding our next steps” please respond by 31/1/19


CCA STILL OUTSTANDING

25/5/2019-Pre Legal assessment letter received from Lowell’s regarding both the above accounts. Stating they would still prefer to work with me to set up affordable repayment. It then goes on to outline what legal action means.

so I asked for a SAR this time last year for the Vanquis account but never received anything and the JDWilliams CCA came back not legible and also has no date or signature on it. Should I send anything at this stage or await further contact?

Thanks in advance

[The Tech Clerk]

await contact or they might think you are worried and clap their hands

[scottygees]

await contact or they might think you are worried and clap their hands

Thanks they have sent me previous letters offering up to 40% discounts which sounded desperate to me, so I just filed them away. Let’s see what they come back with.

[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.
8/9/18-letter recd from Cabot stating they are considering sending account to external DCA.
17/9/18-letter recd from Cabot once again threatening Legal Action






CCA STILL OUTSTANDING.

Letter received from Cabot today stating account has been reviewed for Legal Action reply within 28 days to avoid this. So they have sent threatening letters before but nothing has come,however they are now saying the account has been reviewed rather than may be reviewed. So I sent the CCA follow up letter back in April 2018 and never received a direct response. Should I sit tight and await their next correspondence or should I send something to them reminding them they never responded to my 2nd CCA request? The current creditor is still Cabot Financial UK Limited.Are they licensed?

Thanks

[Joanna Connolly Solicitors]

Letter received from Cabot today stating account has been reviewed for Legal Action reply within 28 days to avoid this. So they have sent threatening letters before but nothing has come,however they are now saying the account has been reviewed rather than may be reviewed.

Is this the first letter you've had from Cabot since September 2018?

If they intend to take legal action, under Pre Action Protocol, they should send you a formal Letter of Claim giving you 30 days to respond before issuing legal proceedings. It's several pages long with Box A - D to tick etc.

What you describe doesn't sound like a Letter of Claim to me (is it?) so it doesn't require a response (unless it is a LBC )

Di

[scottygees]

Is this the first letter you've had from Cabot since September 2018?

If they intend to take legal action, under Pre Action Protocol, they should send you a formal Letter of Claim giving you 30 days to respond before issuing legal proceedings. It's several pages long with Box A - D to tick etc.

What you describe doesn't sound like a Letter of Claim to me (is it?) so it doesn't require a response (unless it is a LBC )

Di

Hi Di

no it isn’t the LBC, would know that form having received one previously for my wife! I have had a few other letters since September but they were nothing to get concerned about.Just the usual threatograms or reduced payment offers.

i need to update my diary

thanks

[scottygees]

25/5/2019-Pre Legal assessment letter received from Lowell’s regarding both the above accounts. Stating they would still prefer to work with me to set up affordable repayment. It then goes on to outline what legal action means.

so I asked for a SAR this time last year for the Vanquis account but never received anything and the JDWilliams CCA came back not legible and also has no date or signature on it. Should I send anything at this stage or await further contact?

Thanks in advance

29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So I currently have a SAR request outstanding for the vanquis account and the J Williams account CCA is not signed or dated so was deemed unenforceable. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?

[Joanna Connolly Solicitors]

29/6/19-letter received from Lowell and Lucas Credit . So it disappear Lowell have now instructed Lucas Credit to take collection action . !have letter is quite threatening and confirms they will instruct Lowells solicitors to take legal action if no solution can be found. So I currently have a SAR request outstanding for the vanquis account and the J Williams account CCA is not signed or dated so was deemed unenforceable. Any advice on how to proceed will be greatly appreciated. Also why would Lowells i struck another company to instruct their own solicitors to take action?

Lucas Credit Services is simply a debt collection agency who will put pressure on you to pay. This may include correspondence threatening legal action but if Lowell Portfolio are intent on issuing a claim you must be sent a Letter of Claim which would typically come from Lowell Solicitors.

Is this in relation to your Vanquis or J D Williams debt?

Di

[scottygees]

Lucas Credit Services is simply a debt collection agency who will put pressure on you to pay. This may include correspondence threatening legal action but if Lowell Portfolio are intent on issuing a claim you must be sent a Letter of Claim which would typically come from Lowell Solicitors.

Is this in relation to your Vanquis or J D Williams debt?

Di

Hi Di

So two letters were received in the same envelope. One from Lowell’s referencing both the Vanquis and JD Williams accounts and that all future correspondence should be directly with Luca.

The second letter was from Lucas . Usual stuff about contacting in next ten days to arrange an affordable payment plan but also stating if no response within that timeframe that they have been instructed by their client to refer the matter to Lowell’s solicitors to commence legal action. The letter from Lucas does only state an amount due for both accounts and doesn’t name the individual accounts anywhere. Should I have received anything else I.e an assignment notice or something to that effect?

i suppose best course of action is to wait their next move.