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  • Roger
    replied
    Originally posted by Still Waving View Post

    Hi Roger

    Just out of interest and for information - can you point to any instances of this?
    Well HSBC had issues over their handling of Debts using in house resources.
    Hence 15/02/21 £50 cheque received from M&S after reviewing their collections process. Thats 2 years before it was sold!

    M&S at one time approached new customers with a pad that they filled in and requested to sign here!

    I personally sent for the List of various Documents as we used to do upon receipt of a LBC.
    But in my own Case the Account had been closed earlier for inactivity and M&S had just ignored and carried on with a CLOSED ACCOUNT

    The SWID recommendation was for when the Account was first sold. Then we just ignored everything.
    The argument was send it straight away and not wait until the last minute!

    If you look at the SWID in past Diaries the arguments are set out there.

    Niddy here https://all-about-debt.co.uk/forum/d...36#post1195536
    Says not to send a SWID to 1st but send a CCA 78

    Leave a comment:


  • Still Waving
    replied
    Originally posted by Roger View Post


    What we used to do by rote with LBC and indeed SWID in the Past often worked against Our Interests.
    You need an expert and current knowledge of Law and tactics here!
    Hi Roger

    Just out of interest and for information - can you point to any instances of this?

    Leave a comment:


  • Still Waving
    replied
    Originally posted by Lola girl View Post
    Letter of claim has arrived - wondering if to fill the form in and request all documents and send a SWID?
    Night Monkey did you respond to yours?
    Whatever you decide to do, I don't think it's a good idea to send a SWID letter at the same time as you reply to the LOC. The LOC gives you 30 days in which to reply. I can't be sure, but I think the SWID used to be utilised when a debt collector was hassling, I can't recall whether we used to send them to solicitors.

    One option might be, since Lowell don't know that the account is in dispute, to send a SWID to whichever Lowell company has been chasing you. They may then stand Overdales down - particularly if you ask them to - at least for now. BUT don't lose sight of your deadline for responding to the LOC.

    EDIT:
    I see that I have been overtaken by events.
    Last edited by Still Waving; 19 January 2024, 17:26.

    Leave a comment:


  • Kenny91
    replied
    Roger what did you mean by this teasing info?

    "Personally I would speak to @JRS The M&S Bank 27.9.06
    plus 17/03/20 Litigation Dept within HSBC Repayment Services
    There were issues in the past over M&S Bank.

    Also there may be issues over Lowell."

    There appear to be three of us with M&S/Lowell matters so would be good to know if we can pool knowledge to see them off.

    Must admit, I'm really surprised not to have received legal papers on this given M&S held on to it for years before selling to Lowell.

    Thanks,

    K91

    Leave a comment:


  • Lola girl
    replied
    Thanks Colin G Quinn will drop you an email!

    Leave a comment:


  • Colin G Quinn
    replied
    Hi,

    I have received an email advising you have sent me a message, but for some reason I am unable to see it on my forum inbox.

    Would it be better to email me at my work email address; colin@joannaconnollysolicitors.co.uk?

    Kind regards,

    Leave a comment:


  • Lola girl
    replied
    Yes I agree and I will see if I can get a call in with Colin next week and have a chat.

    I could really do with delaying this as much as possible as I have no option but to remortgage in October so will have to see what JCS think

    Leave a comment:


  • Roger
    replied
    Originally posted by Lola girl View Post
    Letter of claim has arrived - wondering if to fill the form in and request all documents and send a SWID?
    Night Monkey did you respond to yours?
    Personally I would speak to @JRS The M&S Bank 27.9.06
    plus 17/03/20 Litigation Dept within HSBC Repayment Services
    There were issues in the past over M&S Bank.

    Also there may be issues over Lowell

    Also did you send of for the DSAR report?

    What we used to do by rote with LBC and indeed SWID in the Past often worked against Our Interests.
    You need an expert and current knowledge of Law and tactics here!

    Leave a comment:


  • Night Monkey
    replied
    ...did you respond to yours?
    Still debating - sent you a DM.

    Leave a comment:


  • Lola girl
    replied
    Letter of claim has arrived - wondering if to fill the form in and request all documents and send a SWID?
    Night Monkey did you respond to yours?

    Leave a comment:


  • Lola girl
    replied
    Thanks guys. Like I said I’ve been a member a good few years now and JCS have already dealt with one claim for me so know the usual process.

    SAR sent to M&S in the meantime and LBA not received as yet but will post up when it does.

    Lola x

    Leave a comment:


  • Roger
    replied
    Originally posted by Pat View Post
    I wasn't having a go - just saying. I think you and National Debt Line are correct
    Good BUT IF a LBC is sent
    Lola girl Diary is excellent meaning that a @JCS can see straight away the background.

    I am pretty certain that @JCS will and would give current tactics and advice if consulted , especially since the first consulation is free.

    Leave a comment:


  • Pat
    replied
    I wasn't having a go - just saying. I think you and National Debt Line are correct

    Leave a comment:


  • Still Waving
    replied
    Originally posted by Pat View Post

    Funny old thing that- isn't this what I have been arguing for quite some time now only to be shot down with 'tactics have changed'. Should I change my name to Cassie?
    As I said - I'm just a layman (consumer).

    Leave a comment:


  • Pat
    replied
    Originally posted by Still Waving View Post
    A layman's view.

    I tend to advocate sending a Subject Access Request EARLY when follow-ups are becoming more threatening, rather than waiting until a Letter of Claim is being mooted. It's as well to know in advance what might be available to the other side.


    As to sending a CCA request or not, I tend to take the view that IF the relevant compliant documentation is available to the DCAs, they will obtain it regardless of what stage in the process you ask them for it.

    Addendum. There can be financial implications to ignoring a letter of claim, in the form of interest or costs.
    https://nationaldebtline.org/fact-sh...unty-court-ew/
    Funny old thing that- isn't this what I have been arguing for quite some time now only to be shot down with 'tactics have changed'. Should I change my name to Cassie?

    Leave a comment:

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