scottygees UE diary

[Still Waving]

just received letters from Lowell’s confirming they have acquired Hoist. I haven’t paid anything on this account since February 2017 but have history with Lowell’s over other debts they own which have ended up going to court. For reference I have never received the CCA for this account. Should I send anything to Lowell’s yet I.e. statute barred or SWID letters or just await their next move?.TIA

I would wait, you have merely been informed of corporate activity. See what Lowell do next.

[scottygees]

TESCO

• Credit Card
• Date commenced -not known
• Approx balance- £989
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status -unknown.Account no longer on credit report
• Account owner -Robinson Way

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
21/7/17-letter received from Robinson Way confirming received CCA request and account put on hold temporarily until they have the agreement
28/8/17-email received from Robinson Way stating they have contacted original creditor and have an update for me and for me to contact them within the next 30 days.
23/10/17-correspondence recd from Robinson Way dated 18/10/17 stating we enclose the requested documentation and in absence of any dispute please return the enclosed financial statement (which isn't enclosed by the way) to confirm an affordable payment plan within the next 30 days.However all they have sent me is copies of my credit card statements from April 2010 to January 2011 and not the CCA I requested. Any advice as of the next course of action to take? Thanks in advance.
28/11/17-email recd from Robinson Way inviting me to make an offer of payment instalments. nothing threatening so no action taken
18/12/17-Letter recd from Robway confirming settlement figure available £740.32,but if I don’t get in touch a decision will be made of how to proceed including instructing Howard Cohen to commence legal action, asking a field agent to call or continue further collection activity,letters and calls.
28/12/17-email received from Robway.please contact us to set up a payment plan that meets your current circumstances. Nothing threatening no action taken
22/01/18-phone call recd from Robway. Told them to send all correspondence in writing.
26/01/2018-letter recd from Robway asking me to ring them as they have an update about the account.
10/2/18-letter recd from Rob Way-Why have you not contacted us.setting out available payment options
21/2/18-letter recd from RobWay-account still outsatnding please contact us. No minimum payment required etc etc
12/5/18-letter received from RobWay offering 49% discount that can also be paid in instalments. No action taken.
13/6/18-letter received from Robway needing me to take action today to set up payment plan. Usual blurb about doorstep collectors, possible referral to solicitor to issue court claim etc.No further action taken.
16/7/18-letter recd from Robway -we wont ask you to pay more than you can afford etc etc
06/08/18-letter received from Rob Way offering reduced settlement figure of 75% of outstanding balance. no action taken
9/10/18-letter recd from Hoist (notice of assignment letter to Hoist Finance UK holdings 2 ltd)no action required Robway will still be acting as Collection agents.
14/2/19-letter received from Rob Way offering reduction to pay just £700. no action taken
9/12/21-a welcome letter received from Hoist Finance. I was under the impression that hoist owned this anyway and that Robinson Way was just their internal debt collection agency. As the CCA has still not been received should I take any further action or await their next letter?
8/2/2023-letter from hoist recd headed “choose a way to pay” I.e set up a payment plan and a discount may be available.
27/4/23-letters received from Hoist and Lowell’s stating debt now owned by Lowell’s

CCA STILL OUTSTANDING

just received letters from Lowell’s confirming they have acquired Hoist. I haven’t paid anything on this account since February 2017 but have history with Lowell’s over other debts they own which have ended up going to court. For reference I have never received the CCA for this account. Should I send anything to Lowell’s yet I.e. statute barred or SWID letters or just await their next move?.TIA

[scottygees]

So it is 6 years since any payments were made. Unfortunately due to a bit of naivety on my part I may have initiated contact within the first few months of this journey so will probably be June time when I can be definitely sure. Overall there have been good times and bad times. The initial relief knowing I am now in control, the joy of debtors replying they can’t find the agreement so won’t be pursuing at this time (though they make it clear the debt still needs paying) offset against the numerous court letters along the way. some of which have come to nothing, others have been all the way to court where due to the help of Joanna Connolly solicitors the claims have been struck out or discontinued. I envisage getting the usual “ set up a payment plan” letter’s from Cabot etc but haven’t really had any correspondence of major concern for a while now. So yes there have been scary moments but it’s all been worthwhile. I will post if I do get any more sinister letters but would like to say a big thanks to the moderators of this site and all the contributions and advice given by its members. It’s been the best therapy.

[Still Waving]

Well done JCS.

[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
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.
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. 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?
5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.
31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.
On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.
The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.
So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.
Further advice sought
15/01/2020- So as expected the LBC (dated 13th January 2020) has been received today from Lowells Solicitors giving 30 days (12th February) to make payment/respond. The letter is actually identical to the previous LBC they issued except for the date of course.
So once again they have put 3 debts on one LBC, again I don't know if this is the correct legal procedure as none of the debts are linked in anyway. Therefore if this did go to court I would expect them to issue three separate claims
19/02/2020- county court claim received dated 18/02/20 that covers all three unconnected debts on one claim. Advice sought as to when to complete AOS with a view to maximising time to write defence
21/02/2020- Spoke with Di and advised to send SAR request to Lowell’s
22/02/2020-SAR request sent to Lowell’s 1st class signed for.
18/03,20-SAR request still outstanding. Everything now with Joanna Connelly solicitors who have defended claim on my behalf

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
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.

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 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?

5/7/19-letter before claim (LBC) received from Lowells Solicitors dated 2/7/19.
This LBC covers 3 debts Vanquis, J Williams and also a £95 EE mobile account from sometime in 2005. Should they have sent 3 individual letters as the reply form isn't really set out in a way to cover each individual debt.
I cant say I am surprised I have received this as my last few entries have indicated this was on the horizon. So they are requesting full payment in 30 days from date of letter.
So I am guessing at this stage there is a specific way in which to deal with this claim? I will be honest unless I have a concrete defence I wouldn't want this to get to court, however at the same time I don't have any spare funds to settle this and would only have limited resource to pay in instalments.
31/12/2019- Happy New Year letter, sorry further letter received from Lowells solicitors dated 27th December 2019. They have included a notice of default for the Vanquis debt. This is dated 15th May 2014. They have also once again included the Vanquis CCA and a list of all Vanquis transactions.
On top of this they have also sent what looks like the letter of assignment for the EE account (dated 11/06/2018) and an EE bill from Feb 2016.
The letter confirms what they have sent and confirms the balances of all 3 debts and gives me 14 days to respond from the date if the letter.0nce again it states further action may be taken which may result in a claim form being issued and costs added to the debts.
So just to confirm it would look like following on from me asking for further documents when the LBC was received back in July they have now been able to find the Default notice for the Vanquis account. Though my credit report does show a different default date.
Further advice sought
15/01/2020- So as expected the LBC (dated 13th January 2020) has been received today from Lowells Solicitors giving 30 days (12th February) to make payment/respond. The letter is actually identical to the previous LBC they issued except for the date of course.
So once again they have put 3 debts on one LBC, again I don't know if this is the correct legal procedure as none of the debts are linked in anyway. Therefore if this did go to court I would expect them to issue three separate claims
16/01/2020-better copy of CCA sent to Niddy who again confirmed as there is no signature it is .
19/02/2020- county court claim received dated 18/02/20 that covers all three unconnected debts on one claim. Advice sought as to when to complete AOS with a view to maximising time to write defence.
21/02/2020- Spoke with Di and advised to send SAR request to Lowell’s
22/02/2020-SAR request sent to Lowell’s 1st class signed for.

18/03,20-SAR request still outstanding. Everything now with Joanna Connelly solicitors who have defended claim on my behalf

20th October 2020- huge update.So since the last update there has been a lot of activity on these accounts. So having instructed Joanna Connolly Solicitors to act on my behalf they made the defence for me and sent numerous letters explaining to Lowell’s that there paperwork didn’t stack up. Lowell’s however played hard ball and continued with the claim. Following request for further information via a CPR request, Lowell’s were unable to provide the required documents resulting in our side submitting to get the claim struck out in its entirety. On the back of this Lowell’s agreed to discontinue the JWilliams and EE part of the claim but felt confident they would succeed with the Vanquis account prompting their claim being amended requiring us to submit a further strike out application. The hearing took place on the 2nd October where Colin from Joanna Connolly’s represented me. From the conversations I have since had with Colin I believe the other side left the hearing with there tails firmly between their legs after feeling the wrath of the judge who ultimately STRUCK OUT the claim made against me. A big thanks to all concerned especially Colin on what was a very rocky road where I have to admit I did feel nervous of what the outcome would be. Ever so grateful.

[B]JD Williams claim-discontinued
EE claim- discontinued
Vanquis claim -struck out

10th May 2022-three separate letters received from Lowell’s confirming each account is now closed and that credit reports will be updated to reflect this

[The Tech Clerk]

Await

[scottygees]

TESCO

• Credit Card
• Date commenced -not known
• Approx balance- £989
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status -unknown.Account no longer on credit report
• Account owner -Robinson Way

no previous correspondence recd
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
21/7/17-letter received from Robinson Way confirming received CCA request and account put on hold temporarily until they have the agreement
28/8/17-email received from Robinson Way stating they have contacted original creditor and have an update for me and for me to contact them within the next 30 days.
23/10/17-correspondence recd from Robinson Way dated 18/10/17 stating we enclose the requested documentation and in absence of any dispute please return the enclosed financial statement (which isn't enclosed by the way) to confirm an affordable payment plan within the next 30 days.However all they have sent me is copies of my credit card statements from April 2010 to January 2011 and not the CCA I requested. Any advice as of the next course of action to take? Thanks in advance.
28/11/17-email recd from Robinson Way inviting me to make an offer of payment instalments. nothing threatening so no action taken
18/12/17-Letter recd from Robway confirming settlement figure available £740.32,but if I don’t get in touch a decision will be made of how to proceed including instructing Howard Cohen to commence legal action, asking a field agent to call or continue further collection activity,letters and calls.
28/12/17-email received from Robway.please contact us to set up a payment plan that meets your current circumstances. Nothing threatening no action taken
22/01/18-phone call recd from Robway. Told them to send all correspondence in writing.
26/01/2018-letter recd from Robway asking me to ring them as they have an update about the account.
10/2/18-letter recd from Rob Way-Why have you not contacted us.setting out available payment options
21/2/18-letter recd from RobWay-account still outsatnding please contact us. No minimum payment required etc etc
12/5/18-letter received from RobWay offering 49% discount that can also be paid in instalments. No action taken.
13/6/18-letter received from Robway needing me to take action today to set up payment plan. Usual blurb about doorstep collectors, possible referral to solicitor to issue court claim etc.No further action taken.
16/7/18-letter recd from Robway -we wont ask you to pay more than you can afford etc etc
06/08/18-letter received from Rob Way offering reduced settlement figure of 75% of outstanding balance. no action taken
9/10/18-letter recd from Hoist (notice of assignment letter to Hoist Finance UK holdings 2 ltd)no action required Robway will still be acting as Collection agents.
14/2/19-letter received from Rob Way offering reduction to pay just £700. no action taken

CCA STILL OUTSTANDING

9/12/21-a welcome letter received from Hoist Finance. I was under the impression that hoist owned this anyway and that Robinson Way was just their internal debt collection agency. As the CCA has still not been received should I take any further action or await their next letter?

[scottygees]

Can you first clarify if the £4k successfully claimed was paid to your partner or to someone else?

Earlier this year there seems to have been a parting of the ways between Allay Claims Ltd and Allay Claims which may complicate matters. https://www.allay.co.uk/

(I'll ask a Mod to move your thread or you can start a new thread of your own in the Reclaiming Sub-Forum here > https://all-about-debt.co.uk/forum/d...ain/reclaiming )

Di

Di

Are you also able to get the Mod to remove these entries from my diary?

Thanks

[scottygees]

Paul can you not hijack my diary and start your own please. Thanks

[PlanB]

The £4,746 was paid by Barclays in a cheque made out to XXXXXX XXXXXXX.
I think Allay generally have shifted all their possible debt claims to AJJB Law.

I've anonymised the name of your partner in your post to protect her identity.

I think you are saying she was sent a cheque direct by Barclays for the refund but had no idea a PPI claim had been made. Did it come out of the blue or had there been any correspondence or communication with anyone such as Alay or Barclays prior to the cheque being sent/received?

Maybe send a SAR to both Allay and Barclays to see what really went on behind her back?

Can you also clarify whether you have already received a Letter of Claim which would include a Reply Form of several pages with Boxes A, B, C or D to tick, plus an Income & Expenditure Form to complete.

Di

[paul abbott]

The £4,746 was paid by Barclays in a cheque made out to XXXXXX XXXXXXX.
I think Allay generally have shifted all their possible debt claims to AJJB Law. Allay clearly had very little success with them and perhaps are hoping that a more legal sounding firm may bully people into paying.
Sorry, but don't quite follow your note about starting a new thread....

[PlanB]

I hope I am starting my query in the right place.....

my partner who has been a victim of a possibly fraudulent claim for PPI compensation by a Claims Management Co called Allay Claims Ltd. They have bombarded her with texts and emails demanding payment of a fee for making a successful PPI claim against Barclays in March 2020. The claim was successful, in the sum of £4,746, but the strange thing about it was that Allay Claims Ltd had absolutely no authority to act on her behalf.

Can you first clarify if the £4k successfully claimed was paid to your partner or to someone else?

Earlier this year there seems to have been a parting of the ways between Allay Claims Ltd and Allay Claims which may complicate matters. https://www.allay.co.uk/

(I'll ask a Mod to move your thread or you can start a new thread of your own in the Reclaiming Sub-Forum here > https://all-about-debt.co.uk/forum/d...ain/reclaiming )

Di

[paul abbott]

I hope I am starting my query in the right place.....I am acting on behalf of my partner who has been a victim of a possibly fraudulent claim for PPI compensation by a Claims Management Co called Allay Claims Ltd. They have bombarded her with texts and emails demanding payment of a fee for making a successful PPI claim against Barclays in March 2020. The claim was successful, in the sum of £4,746, but the strange thing about it was that Allay Claims Ltd had absolutely no authority to act on her behalf. When we challenged them about this they produced an electronic copy of a digital 'letter of authority' which had a completely unrecognizable version of her signature. This is the sole piece of evidence they have for the basis of their fee claim and as far as we are aware this just does not add up to sufficient proof to support an instruction to proceed with the claim.

We have come to the conclusion that somehow Allay Claims Ltd gained access to personal details of Barclays customers likely to have been mis-sold PPI and then filled in a fictitious letter of authority backing up a PPI claim. Barclays don't want to know, since as far as they are concerned they have a customer's signed authority, even though a blind man would find the submitted signature to be very different from the genuine signature that should be in their records.

We have studiously ignored every text and email from Allay and they have recently passed on this 'debt' to AJJB Law a debt recovery firm. They have moved matters up the legal scale a bit and have sent a paper letter and multiple emails and texts threatening County Court action and a 'Letter Before Claim'. We replied to their letter strongly disputing their authority to take such action, on the grounds as set out above, which has so far had no effect. The Letter Before Claim has yet to materialise and we are thinking that their tactic is to threaten ever increasing legal action in the hope that we will pay up and they get a result.

The texts and emails amount to almost daily harrassment and we would like them to stop it immediately. If they want to take court action, they should send the letter and we are ready to see them in court. I have consulted with our local solicitor should a county court case become pending and their fees for representing us will well outweigh the claimed debt of £1,275, as incidentally will AJJB Law's fees and court costs. Any defence will therefore have to be by us.

I have discovered from other legal forums (Legalbeagles) that Allay have given two very similar cases a go in court and both were thrown out due to insufficient paperwork.

We would like to write a legal sounding letter to AJJB Law threatening them with legal action if they persist with these continuous texts and emails. Is that worth trying?
Thanks

[The Tech Clerk]

have you downloaded the click here hello letter?

[Joanna Connolly Solicitors]

Both posts above have 'here' as an active link to the Lantern portal, should a mod change that?

Thank you for flagging that up.

I have deleted the links on a just-in-case basis.

If the Mods want to restore the links that can be done at the click of a mouse.

I have many strengths but IT isn't one of them

Di