Blodwen's UE Journey

[Still Waving]

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

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?

[The Tech Clerk]

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!

[Blodwen]

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

[Blodwen]

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

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 you

[Joanna Connolly Solicitors]

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

Tesco Bank

• Credit Card
• Date Commenced – October 2006
• Approx Balance - £1,700
• Date Last Paid – Full Payment November 2011
• Status – Default November 2014
• Are you on arrangement or not paying – Date Last Paid via DMP August 2017
• Account Owner – Tesco Bank

7th August 2017 – CCA sent to Tesco recorded delivery with Postal Order.

26^th October 2017 – No Acknowledgement to our CCA request – no contact from Tesco whatsoever as yet. Payments have ceased for now.

January 2018 - Letter from Tesco informing us they are now passing the debt onto debt collection agency - Allied International (UK) Ltd and they will attempt to contact us.

June 2018 - Letter from Tesco informing us they are transferring our account to Wescot and they will contact us to arrange a payment plan. Noted and filed at this stage.

June 2018 - Letter from Wescot informing us they are working on behalf of Tesco and they have requested we contact them to discuss the outstanding balance on the account. Noted and Filed.

July 2018 - Letter from wescot requesting we contact them to arrange payment or they will continue to contact us via letter/phone calls. - Noted and Filed.

July 2018 - "Reduced Settlement Offer" letter received from Wescot - Noted and Filed.

August 2018 - Letter from Wescot requesting we contact them to arrange payment, informing us once this is done they will no longer write to us, telephone or text message us!! - Noted and Filed.

October 2018 - Letter from Tesco Bank informing us that Fredrickson International Limited are now acting on their behalf. Noted and Filed.

November 2018 - First letter from Fredrickson requesting we contact them to arrange payment. - Noted and Filed.

November 2018 - Letter from Fredrickson outline payment options open to us - Noted and Filed.

November 2018 - "Discount Offer" Letter received from Fredrickson. - Noted and Filed.

November 2018 - An abundance of telephone calls have been received from Fredrickson on both land line and mobile phone. None responded to.

August 2019 - Letter from Tesco informing us they are transferring our account to Lowell Portfolio l Limited. - Noted and Filed.

September 2019 - First correspondence from Lowell Portfolio l Limited. Requesting we contact them today to discuss account. - Noted and Filed.

September 2019 - 2nd correspondence this month from Lowell Portfolio l Limited - Informing us our account is overdue and offering payment options. - Noted and Filed.

October 2019 - Letter from Lowell Portfolio l Limited - Informing us they are assessing our account for legal action. - Noted and Filed.

October 2019 - 2nd correspondence this month from Lowell Portfolio l Limited - this one informing us they "May" take legal action to recover debt if we do not contact them - Letter headed "Pre Legal Assessment" - Noted and Filed.

November 2019 - A second "Pre Legal Assessment" letter receive from Lowell Portfolio l Limited - informing us they "May" take legal action. - Noted and Filed.

January 2020 - "Annual Statement of Account" letter receive from Lowell Financial Ltd - (this is the first annual statement we have received since this diary thread has been compiled) - Noted and Filed.

January 2020 - Letter received from Lowell Financial Ltd - informing us the account has been sent to their solicitors "Lowell Solicitors Limited" who will contact us with regards to payment. Also enclosed within the same envelope was a "Notice of Acting" letter from Lowell Solicitors! I we fail to contact them to arrange payment then they "Will" initiate legal proceedings against us. - Note, filed and Advice Taken.

February 2020 - LBC Letter received from Lowell Solicitors - Noted, Filed and Legal Advice Sought.

[Blodwen]

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

Good Morning Di and All ......well that didn't take them long.......LBC received from Lowell Solicitors today with 30 days to respond. We haven't received any SAR information as yet from Tesco as it was only sent recently.

[Joanna Connolly Solicitors]

the letters from Intrum have been flowing in since they took over the account! Their latest one informing us their thinking of making us "Bankrupt" their letter goes onto telling us how it will affect us with our home

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.

Di

[scottygees]

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.

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.

[Blodwen]

I am currently in the same position as yourself. Lowell’s solicitors have issued an LBC for three of my accounts and one for an account in my wife’s name. For some reason they have put all 3 unconnected debts on one LBC! Not sure whether this is the correct protocol or not. As yourself I have Di and the team on the case. Good luck

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.

[scottygees]

Hello to you all and a very Happy New Year Hope your all doing well!

Since my last posting on here (I do Lurk lol) things have been ticking over as normal with the letters and phone calls still coming in every week. As you can see from this diary thread Tesco have sold the alleged debt onto Lowell Portfolio l Limited - this was back in August 2019. Fast forward a handful of letters off Lowell Portfolio l Limited we are now in a position where they are threatening to initiate court proceedings. Their wording was "Will Initiate Legal Proceedings" I'm envisaging this will be their next step.

Please can I ask the advice off you lovely lot and also @DianaMayhew if she is reading this on what should be our next step? Is this now time to send a SAR to Tesco? Tesco hasn't responded to our initial CCA request. If a SAR request is sent to Tesco just making sure that it is NOT copied to Lowell Solicitors too -correct?

Does anybody have any experience of dealings with Lowell Solicitors? Thank you

I am currently in the same position as yourself. Lowell’s solicitors have issued an LBC for three of my accounts and one for an account in my wife’s name. For some reason they have put all 3 unconnected debts on one LBC! Not sure whether this is the correct protocol or not. As yourself I have Di and the team on the case. Good luck

[Blodwen]

Lloyds Bank (Was Lloyds TSB)

• Credit Card
• Date Commenced - January 2002 (However we feel this date is incorrect as I am pretty sure this was initially taken out in 1987/88 when it was TSB)
• Approx Balance - £12,000
• Status - Default March 2012
• Date Last Paid – Full Payment November 2011
• Are you on arrangement or not paying - Date last paid via DMP August 2017
• Account Owner – Moorcroft

7^th August 2017 – CCA sent to Moorcroft recorded delivery with Postal Order.

23^rd August 2017 – Letter from Lloyds with a photocopy of our original CCA request to Moorcroft attached – Lloyds requested we provide them with a 16 digit account number as further validity of our account as they unable to find our details.

31^st August 2017 – We replied to this request informing them of the required information. Was this a daft thing to do??

23^rd October 2017 - Letter from Moorcroft stating – despite numerous attempts to contact you, payment has still not been received as per the agreement in place on our system with the result that your account is in arrears. Requested we contact one of their representatives to arrange payment, if payment is not made with us you may leave us with no alternative but to recommence collection activity, such as further letters and calls.

No Payment has been made since August when we put our DMP on hold. We have yet to receive any information with regards to our CCA request since we provided Lloyds with our account details on 23^rd August 2017.

November 2017 - Statement of Account received from Lloyds - Noted and Filed.

December 2017 - Letter from Moorcroft requesting we contact them to arrange payment, failing to do so will result in further action being taken against us without further notice.- Noted and Filed.

December 2017 - A second letter from Moorcroft arrived - Headed .......Possible Further Action and requesting we make payment within the next 7 days. - Noted and Filed.

December 2017 - Monthly Instalment Offer letter received. - Noted and Filed.

December 2017 - Following the two previous letters we have now received one from Lloyds informing us they have transferred our account to Westcot who have been instructed to collect the outstanding balance. Noted and Filed.

January 2018 - Letter from Wescot Informing us of Lloyds Instruction to them to make contact with us with regards to the outstanding balance. Noted and Filed.

January 2018 - Important Reminder received from Westcot to telephone them to speak to one of their specialist agents. Noted and Filed.

January 2018 - Another letter from Wescot this month informing us they have conducted further checks on us to ensure they have or correct address and they have requested we contact them immediately to take control of this issue. Filed away at this stage as no CCA request received.

January 2018 - Letter informing us Lloyds Bank wish to offer us a significant discount - call them to discuss further. Filed away.

February 2018 - "An Opportunity to take control of this outstanding balance in a way to suit you" letter received from Westcot. - Filed away.

February 2018 - Letter from 2F requesting we confirm our residency and requesting we contact them directly to resolve the issue - We will not respond to this and File away.

March 2018 - Important Message Slip received by post from 2F requesting we call them. This slip resembles a wage slip which included a contact name and telephone number for us to call. Noted and Filed.

April 2018 - Letter from Lloyds Bank informing us they are appointing CSL to arrange collections - Noted and Filed.

May 2018 - Letter from CSL informing us they have been instructed to act on behalf of Lloyds Bank - Noted and Filed.

May 2018 - "Notice of Further Action" letter received. We have still yet to receive a response to our CCA request back in August 2017. Noted and Filed.

June 2018 - Letter from CSL offering us a "Limited Time Offer" Payment will be accepted as partial settlement and we will not be pursued for the balance. They go on to say that any default registered on our credit file will be updated to "partially satisfied" and the account balance will be shown as zero. They don't actually give a figure of what the offer will be as it will be subject to an affordability check. Noted and filed at this stage.

July 2018 - "Final Notice" letter received from CSL - If they do not hear back of us within 10 days of receiving this letter they will return our account to the original creditor who will take further action. Noted and Filed.

September 2018 - Letter received from Lloyd Bank "Up to date statement" - Noted and Filed.

October 2018 - Letter from Lloyds Bank informing us they have instructed Robinson Way Limited and request we contact them to arrange payment. - Noted and Filed.

November 2018 - First letter from Robinson Way offering a settlement and requesting we contact them to arrange payment. - Noted and Filed.

September 2019 - Letter from Lloyds Bank "Helping you keep on track up-to-date statement" - Noted and Filed.

December 2019 - Letter from Intrum - 1st Correspondence from them. Informing us Intrum UK Finance Limited has become the new owners of the alleged debt. No correspondence from Lloyds informing us of the change. - Noted and Filed.

December 2019 - Letter from Intrum - "Get in touch in the next 10 days" - Noted and Filed.

January 2020 - Letter from Intrum - "We may take legal action if you don't get in touch" - Noted and Filed.

January 2020 -Letter from Intrum - "Tell us what you can Afford" - Noted and Filed.

January 2020 - Letter from Intrum - "We're thinking of making you Bankrupt" - Noted and Filed.

Good Afternoon - well the letters from Intrum have been flowing in since they took over the account! Their latest one informing us their thinking of making us "Bankrupt" their letter goes onto telling us how it will affect us with our home etc etc etc - please tell me they can't do this!!! I'm thinking not but would love some reassurance from you lovely lot as when letters like this fall on the mat my mind does tend to work in overdrive!!

[Blodwen]

Hi Di - Fabulous thank You

No - Tesco didn't respond to my s77-79 CCA request in August 2017. I do have copies of my letter and also kept the tracking information numbers. However when I made a follow up check with this particular one it looked as though it hadn't been signed for. To double check again I have dropped RM a line to see if they can locate it on their system!

I will SAR Tesco tomorrow and get the ball rolling with it ready for when Lowell strike as no doubt they will having had a look through threads on here today!!

Thanks Again

[Joanna Connolly Solicitors]

Does anybody have any experience of dealings with Lowell Solicitors?

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

[Blodwen]

Tesco Bank

• Credit Card
• Date Commenced – October 2006
• Approx Balance - £1,700
• Date Last Paid – Full Payment November 2011
• Status – Default November 2014
• Are you on arrangement or not paying – Date Last Paid via DMP August 2017
• Account Owner – Tesco Bank

7th August 2017 – CCA sent to Tesco recorded delivery with Postal Order.

26^th October 2017 – No Acknowledgement to our CCA request – no contact from Tesco whatsoever as yet. Payments have ceased for now.

January 2018 - Letter from Tesco informing us they are now passing the debt onto debt collection agency - Allied International (UK) Ltd and they will attempt to contact us.

June 2018 - Letter from Tesco informing us they are transferring our account to Wescot and they will contact us to arrange a payment plan. Noted and filed at this stage.

June 2018 - Letter from Wescot informing us they are working on behalf of Tesco and they have requested we contact them to discuss the outstanding balance on the account. Noted and Filed.

July 2018 - Letter from wescot requesting we contact them to arrange payment or they will continue to contact us via letter/phone calls. - Noted and Filed.

July 2018 - "Reduced Settlement Offer" letter received from Wescot - Noted and Filed.

August 2018 - Letter from Wescot requesting we contact them to arrange payment, informing us once this is done they will no longer write to us, telephone or text message us!! - Noted and Filed.

October 2018 - Letter from Tesco Bank informing us that Fredrickson International Limited are now acting on their behalf. Noted and Filed.

November 2018 - First letter from Fredrickson requesting we contact them to arrange payment. - Noted and Filed.

November 2018 - Letter from Fredrickson outline payment options open to us - Noted and Filed.

November 2018 - "Discount Offer" Letter received from Fredrickson. - Noted and Filed.

November 2018 - An abundance of telephone calls have been received from Fredrickson on both land line and mobile phone. None responded to.

August 2019 - Letter from Tesco informing us they are transferring our account to Lowell Portfolio l Limited. - Noted and Filed.

September 2019 - First correspondence from Lowell Portfolio l Limited. Requesting we contact them today to discuss account. - Noted and Filed.

September 2019 - 2nd correspondence this month from Lowell Portfolio l Limited - Informing us our account is overdue and offering payment options. - Noted and Filed.

October 2019 - Letter from Lowell Portfolio l Limited - Informing us they are assessing our account for legal action. - Noted and Filed.

October 2019 - 2nd correspondence this month from Lowell Portfolio l Limited - this one informing us they "May" take legal action to recover debt if we do not contact them - Letter headed "Pre Legal Assessment" - Noted and Filed.

November 2019 - A second "Pre Legal Assessment" letter receive from Lowell Portfolio l Limited - informing us they "May" take legal action. - Noted and Filed.

January 2020 - "Annual Statement of Account" letter receive from Lowell Financial Ltd - (this is the first annual statement we have received since this diary thread has been compiled) - Noted and Filed.

January 2020 - Letter received from Lowell Financial Ltd - informing us the account has been sent to their solicitors "Lowell Solicitors Limited" who will contact us with regards to payment. Also enclosed within the same envelope was a "Notice of Acting" letter from Lowell Solicitors! I we fail to contact them to arrange payment then they "Will" initiate legal proceedings against us. - Note, filed and Advice Taken.

Hello to you all and a very Happy New Year Hope your all doing well!

Since my last posting on here (I do Lurk lol) things have been ticking over as normal with the letters and phone calls still coming in every week. As you can see from this diary thread Tesco have sold the alleged debt onto Lowell Portfolio l Limited - this was back in August 2019. Fast forward a handful of letters off Lowell Portfolio l Limited we are now in a position where they are threatening to initiate court proceedings. Their wording was "Will Initiate Legal Proceedings" I'm envisaging this will be their next step.

Please can I ask the advice off you lovely lot and also @DianaMayhew if she is reading this on what should be our next step? Is this now time to send a SAR to Tesco? Tesco hasn't responded to our initial CCA request. If a SAR request is sent to Tesco just making sure that it is NOT copied to Lowell Solicitors too -correct?

Does anybody have any experience of dealings with Lowell Solicitors? Thank you

[Saint X]

Well done Blodwen, fantastic news. It shows the little man can take these Sharks on, and with a great team at Connolly's, beat them into submission. With your two and my three, I make that a huge 5 nil to us. Happy days

Saint X