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Originally posted by scottygees
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Gosh, they are being very busy indeed. Wishing you all the best with your dealings with them. We certainly have the best team on it. My SAR has been sent today via Recorded Signed For. It's now a waiting game to see what their next move will be, but I suspect and LBC to be on it's way very soon.
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Yes unfortunately it does look like they enjoy issuing LBCs. I had one last July where I went back to them for further documentation. No further action was taken at the time but they managed to locate what I requested and then reissued the LBC at the beginning of January. This document is now sat with Di and team. Fingers crossed they will see some flaws.Originally posted by Blodwen View Post
Gosh, they are being very busy indeed. Wishing you all the best with your dealings with them. We certainly have the best team on it. My SAR has been sent today via Recorded Signed For. It's now a waiting game to see what their next move will be, but I suspect and LBC to be on it's way very soon.Comment
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Originally posted by Blodwen View Post
First of all your s77-79 CCA Request from August 2017 has not been complied with
If Intrum want to make you bankrupt they would have to serve you with a Statutory Demand.
I would think that an Application to Set Aside the Statutory Demand would be appropriate on the basis that there is a dispute (non compliance with your CCA Request and possibly other arguments).
The case law for this is Hammonds v Pro Fit (see Paragraph 27) >
https://www.bailii.org/ew/cases/EWHC/Ch/2007/1998.html
Intrum were previously known as 1st Credit who used to issue Statutory Demands in preference to county court claims. In 2009 they were sanctioned by the OFT (before the FCA took over regulation) for this threatening practice >
https://www.fca.org.uk/publication/r...quirements.pdf
Maybe the FCA should be made aware that Intrum are "thinking" of returning to this practice.
DiComment
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Good Morning Di and All ......well that didn't take them long.......LBC received from Lowell Solicitors today with 30 days to respond.Originally posted by Diana Mayhew View Post
Yes
Tesco never complied with your s77-79 CCA Request sent in August 2017 did they?
You say you sent it Recorded Delivery, but no acknowledgement or response was ever received - hopefully you've kept a copy of your request and proof of delivery from the Track and Trace facility on Royal Mail's website.
Send Tesco a SAR to see what data they hold on you - they won't, or at least shouldn't, inform Lowell.
If Lowell Solicitors intend to issue legal proceedings then under Pre Action Protocol they must send you a formal Letter of Claim giving you 30 days to respond before they do.
Di
We haven't received any SAR information as yet from Tesco as it was only sent recently.
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No surprises there
I'm just parking your earlier post with the history of this debt here so I can find it without scrolling back all the time.
I can see that Tesco didn't comply with your CCA Request sent in August 2017 so see what shows up in your SAR about that.
I can also see that the account was defaulted in 2014 but do you recall being served with a Default Notice? Again let's see what the SAR says about that too.
Email me the first two pages of Lowell's Letter of Claim so I can see what they intend to claim and why they think they have the right to claim it.
Di
Originally posted by Blodwen View PostComment
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Hi Di.....copies emailed as requested. I can't recall being served a default notice and don't have it among the paperwork filed. Huge thank youOriginally posted by Diana Mayhew View PostNo surprises there
I'm just parking your earlier post with the history of this debt here so I can find it without scrolling back all the time.
I can see that Tesco didn't comply with your CCA Request sent in August 2017 so see what shows up in your SAR about that.
I can also see that the account was defaulted in 2014 but do you recall being served with a Default Notice? Again let's see what the SAR says about that too.
Email me the first two pages of Lowell's Letter of Claim so I can see what they intend to claim and why they think they have the right to claim it.
Di
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Good Afternoon you wonderful people!! It has been a whole 6 years since informing Step Change that we were going 'Self Managed' and we ceased all contact with Step Change in August 2017. Does this mean that we are very nearly at 'Statue Barred' Status? Your advice would be most appreciated. Thank you
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in approx a clear (safely) 1 month for ENG/Wales or Last year For Scotland.
Note:- A company can ask you to pay after this period but cannot get a CCJ., if they did you have to inform them that statute barred is that and you will not be paying them, they have to accept it.
Statute Barred - England (6 years) should you need it if they chase you!Last edited by The Tech Clerk; 14 August 2023, 17:05.I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.
If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.Comment
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You ceased contact with StepChange, but did you have make any contact with debt chasers in the period since? Were the accounts formally defaulted before or during your time with StepChange?Originally posted by Blodwen View PostGood Afternoon you wonderful people!! It has been a whole 6 years since informing Step Change that we were going 'Self Managed' and we ceased all contact with Step Change in August 2017. Does this mean that we are very nearly at 'Statue Barred' Status? Your advice would be most appreciated. Thank youComment
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