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  • Night Monkey
    replied
    Anyhow, have either of you had such correspondence?
    I certainly have. I posted a list of the (20-ish) variant letters I'd received from Lowell so that we could play bingo, but I can't for the life of me find it for some reason. If I do I'll post the link & we can compare :-)

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  • Roger
    replied
    Originally posted by Pat View Post
    I would agree about the SAR request- and do not be afraid to bounce it back if they haven't sent everything. The first SAR I did to Capital One just got me statements so I asked for everything, I even got telephone recordings but even then not all of them.

    Should it get to a letter of claim, I still strongly disagree with the ignore it tactic for the reasons I have written about elsewhere and supported by legal advice but that is up to you. I would say that it would be well worth using an experienced legally trained person but make sure you get quotes first and read the small print.
    @JCS advice on receipt of LBC first consulation is free
    We are very lucky here AAD

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  • Pat
    replied
    I would agree about the SAR request- and do not be afraid to bounce it back if they haven't sent everything. The first SAR I did to Capital One just got me statements so I asked for everything, I even got telephone recordings but even then not all of them.

    Should it get to a letter of claim, I still strongly disagree with the ignore it tactic for the reasons I have written about elsewhere and supported by legal advice but that is up to you. I would say that it would be well worth using an experienced legally trained person but make sure you get quotes first and read the small print.

    Leave a comment:


  • Kenny91
    replied
    Originally posted by Night Monkey View Post

    It looks like you're slightly behind me on the Lowell/Overdales curve. My experience so far is several letters with all but daily robocalls and a 'Notice of Action' which I have just received. AAD wisdom seems to be that I should expect a formal Letter Before Action within a couple of weeks as the process grinds along.

    Assuming of course that there is any logic to their actions, although reading your diary above it does parallel my experience exactly.
    Hi again,

    I'm in the same boat with a M&S/Lowell matter.

    The past few months, they've taken to emailing rather than sending hard copies to my address.

    Last August and September I had the "considering legal action" and "what legal action means" threatograms, but tone softened towards the end of 2023, with "we know dealing with debt can be stressful" and then "need some breathing space?".
    New year started with a "if not now, when?" email - I was tempted to hit reply and revert with "Never!"

    Anyhow, have either of you had such correspondence? I'm wondering if they're focusing on the larger debts before targeting the likes of moi!

    They don't have my number fortunately so no constant ringing as yet.

    K91

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  • Night Monkey
    replied
    Snap :-)

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  • Still Waving
    replied
    Originally posted by Lola girl View Post

    Good thinking, will get onto that! They have a form that can be completed online, should I enter account number (optional) and should I ask for everything they hold with regard that account?
    Ask for everything they hold concerning you, including any correspondence with third parties which relates to you.

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  • Night Monkey
    replied
    Good thinking, will get onto that! They have a form that can be completed online, should I enter account number (optional) and should I ask for everything they hold with regard that account?
    I'd go the whole hog and just ask for everything.

    M&S sat on this one for 4 years before selling it on.
    Similar pattern to my account, HSBC kept mine for four years before doing anything.
    Last edited by Night Monkey; 10 January 2024, 20:14.

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  • Lola girl
    replied
    Originally posted by Still Waving View Post

    I would send a Subject Access Request to M&S Bank now, to find out what Lowell would be able to get hold of.
    Good thinking, will get onto that! They have a form that can be completed online, should I enter account number (optional) and should I ask for everything they hold with regard that account?

    Leave a comment:


  • Still Waving
    replied
    Originally posted by Lola girl View Post

    Mine was an M&S card, deemed unenforceable by Niddy but it’s a fairly large amount and I can’t risk a CCJ on this so need to be sure!
    I think if they follow it through I’ll probs do a CCA request to Lowell and see if they had anything passed on as M&S sat on this one for 4 years before selling it on.
    I would send a Subject Access Request to M&S Bank now, to find out what Lowell would be able to get hold of.

    Leave a comment:


  • Lola girl
    replied
    Originally posted by Night Monkey View Post

    You're welcome. Mine is an HSBC credit card originally from 2002, I have yet to be provided with anything that I consider enforceable.
    Mine was an M&S card, deemed unenforceable by Niddy but it’s a fairly large amount and I can’t risk a CCJ on this so need to be sure!
    I think if they follow it through I’ll probs do a CCA request to Lowell and see if they had anything passed on as M&S sat on this one for 4 years before selling it on.

    Leave a comment:


  • Night Monkey
    replied
    Thanks Night Monkey, is yours an unenforceable one/similar time frame too?
    You're welcome. Mine is an HSBC credit card originally from 2002, I have yet to be provided with anything that I consider enforceable.

    Leave a comment:


  • Lola girl
    replied
    Originally posted by Night Monkey View Post

    It looks like you're slightly behind me on the Lowell/Overdales curve. My experience so far is several letters with all but daily robocalls and a 'Notice of Action' which I have just received. AAD wisdom seems to be that I should expect a formal Letter Before Action within a couple of weeks as the process grinds along.

    Assuming of course that there is any logic to their actions, although reading your diary above it does parallel my experience exactly.
    Thanks Night Monkey, is yours an unenforceable one/similar time frame too?

    Leave a comment:


  • Night Monkey
    replied
    Any advice on the above - overdale solicitors or Lowell? More scare tactics or likely to be considering legal action?
    It looks like you're slightly behind me on the Lowell/Overdales curve. My experience so far is several letters with all but daily robocalls and a 'Notice of Action' which I have just received. AAD wisdom seems to be that I should expect a formal Letter Before Action within a couple of weeks as the process grinds along.

    Assuming of course that there is any logic to their actions, although reading your diary above it does parallel my experience exactly.

    Leave a comment:


  • Still Waving
    replied
    Hi

    Good call on refusing security questions. Means they can't bully you by phone. They will have to write. Wonder why they are reluctant to?

    I note that in 2020 it was thought possibly suitable for legal action, but it wasn't followed through.

    Wait and see what Overdales have to say. It will likely be a letter designed to convince you to pay. Report back with the precise content when it arrives.

    Leave a comment:


  • Lola girl
    replied
    [QUOTE=Lola girl;n1527968]
    • Type of account: M&S Bank
    • Date commenced: 27.9.06
    • Approx balance: £8k
    • Date last paid: Aug 2018 in full and August 2019 to SC
    • Are you on arrangement: No
    • Status: Default 1.3.19
    • Account owner: Lowell
    CCA request - deemed UE by Niddy.
    Do I respond saying that they have not complied with my request and I will be withholding payment whilst in dispute?
    15/8/19 - I have cancelled the StepChange payment. Will send letter re missing terms to M&S.

    5/9/19 letter from M&S saying they have complied with regulations and agreement is legally enforceable. They will sell account to debt management or refer for litigation if I do not make payment. They strongly advise me to take independent legal advice re enforceability.

    30/9/19 demand received from M&S saying I have 7 days to pay or they will pass account to DCA or disclose info about default to CRA’s. Filed.
    14/10/19 monthly statement received
    08/11/19 monthly statement
    08/12/19 monthly statement
    31/12/19 Letter from M&S concerned that I may be struggling to pay at the moment, advise me to chat to Stepchange - filed and ignored
    08/01/20 monthly statement
    09/02/20 monthly statement
    17/03/20 letter received from HSBC UK Bank (owner of M&S Cards) - my account has been transferred to the Litigation Dept within HSBC Repayment Services. Possibly suitable for legal action and will now be managed by advisor within Pre-Litigation Dept. Contact within 14 days. If not they may send a formal Letter of Claim. This may have panicked me a year ago but after reading lots on here I will hold my nerve and file and ignore!
    24/03/20 letter from M&S Bank - Wescot Credit Services Ltd will now take responsibility of my account. They will contact me directly.
    01/04/20 Text from Wescot - all collection activity is suspended due to coronavirus
    15/05/20 letter from Wescot asking me to get in touch. Filed and ignored.
    10/6/20 letter from Wescot asking me to get in touch within the next 10 days. Filed and ignored.
    Daily texts received from Wescot despite blocking the number each time.
    02/07/20 letter received from Wescot to say reduced settlement on offer. Filed and ignored.
    18/07/20 letter from Wescot - please contact them. If I do not agree a way forward they will refer the account back to M&S. filed and ignored.
    02/09/20 letter from M&S they have asked Credit Security Ltd to take responsibility for account
    03/09/20 hello letter from Credit Security Ltd
    17/9/20 letter from Credit Security Ltd concerned I have not replied and can I complete the enclosed I&E form. Filed and ignored.
    Sept/Oct 20 - several calls from Credit Security to mobile until number blocked. Not answered any.
    22/12/20 letter from Credit Security....if they don’t hear from me within 10 days they will return the account back to M&S. filed and ignored.
    15/02/21 £50 cheque received from M&S after reviewing their collections process. Thanks!

    30/5/23 account has been sold to Lowell Portfolio I Ltd (LPI). Letter received from both them and M&S Bank
    June 23 - 2 x texts and 1 letter from Lowell - can I get in touch
    June 23 - further 2 letters from Lowell can I contact them
    July 23 - 2 letters from Lowell they are considering next steps
    Aug 23 - 3 letters from Lowell can I contact them
    Sept 23 - letter from Lowell they are considering legal action
    Oct 23 - letter from Lowell - what legal action means
    Nov 23 - letter from Lowell - what legal action means
    January 24 - received a call from ‘overdale solicitors’ wanting to speak with me. They didn’t tell me what about and I refused security questions and said to write to me. A quick google search shows they are Lowell Solicitors so assume it’s in connection with this.
    Jan 24 - daily calls this week from Overdale Solicitors all ignored.
    [/QUOTE

    Hi everyone and happy new year!
    Any advice on the above - overdale solicitors or Lowell? More scare tactics or likely to be considering legal action?


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