scottygees UE diary

[The Tech Clerk]

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

[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.

[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

[The Tech Clerk]

you do not need to do lowells work for them,

[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

[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]

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

[Warwick65]

Personally I wouldn't at the moment. You wouldn't want them to get someone to type up a recon now would you.

[scottygees]

Happy to hear this

Di

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

thanks in advance

[Joanna Connolly Solicitors]

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.

Happy to hear this

Di

[scottygees]

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.
27/9/18-statement recd from Lowell
15/10/18-letter recd from Lowell’s offering 20% discount

[scottygees]

YORKSHIRE BANK

• Credit Card
• Date commenced-not known
• Approx balance-£1583
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment made since Feb 2017
• Status-unknown as no longer showing on credit report
• Account owner-Cabot

12/06/17-letter recd asking for contact to discuss solutions e.g monthly payment plan and reduced lump sum payment to clear
13/07/17-CCA request made
17/7/17-CCA delivered and signed for
21/7/17-letter recd from Cabot dated 16/7/17,so this would have crossed in the post with my CCA request.It states as no payments are being received or a commitment to a payment plan the account will be reviewed for legal action.please contact us within 28 days. We have flexible solutions available.
29/7/17- letter recd from Cabot dated 24/7/17. Confirming they don't currently have this info. But have requested it from Yorkshire bank.they acknowledge the account is temporarily UE as they won't be able to provide CCA within 12 day period but they anticipate to have it within 40 days. They will write again if CCA not available at 40 days.
30/4/18-Letter received from Cabot confirming they are unable to provide CCA and accept it is unenforceable in court, but can still chase the debt and expect payment

CCA REQUEST STILL OUTSTANDING CONFIRMED UE

4/6/18-Letter received from Cabot Financial headed “A new approach”! Hoping a new approach could help me be free of this debt. I think I will stick with my “current approach” if that’s ok with Cabot!

[Still Waving]

[QUOTE=scottygees;n1510924]

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?

Wait and see who writes to you, and what they say.

[scottygees]

[QUOTE=scottygees;n1497310]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?

[Joanna Connolly Solicitors]

So if I now go to the information commissioner should I also inform Vanquis and/or Lowell’s? I only ask as this may temporarily stop Lowell’s Collection activity.

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