Cowbopper UE Diary

[cowbopper]

Yes I did ask for a copy of the default notice. Problem is, Lowell we’re the ones who allegedly defaulted the account, not the original creditor, so they won’t obtain anything from them.

The letter I received today was via Royal Mail, so how can they claim they can’t provide me with info via Royal Mail despite using the same service to respond to my request?? Madness

[Warwick65]

What I was saying, if you look at the envelope I suspect it will have been 2nd class by one of the mailing services. These go out without human intervention once the button is pressed.

[cowbopper]

I see what your saying now. What I’m asking for is manual intervention which they’re not really doing because of the current circumstances.

[cowbopper]

Does anyone have any advice on the letters i received from Sainsburys and capital one asking for ID and signatures?

[Timewilltell]

Diana Mayhew ?

[Joanna Connolly Solicitors]

Yes I did ask for a copy of the default notice.

Why?

Di

[cowbopper]

Why?

Di

I used a letter from the AAD+ section I thought was appropriate. Mistake?

[Joanna Connolly Solicitors]

I used a letter from the AAD+ section I thought was appropriate. Mistake?

I don't know if it was a mistake, but I do know you can't put the clock back even if it was.

The danger is raising awareness of the need for a DN which can encourage the debt purchaser to immediately try hard to source it, or reconstitute one. Much better to wait and then catch them by surprise when their back is against the wall if they issue legal proceedings and the clock starts ticking.

At a quick glance back through your thread I notice that you're sending SARs to original creditors/banks which may be too early since you've not sent a s77-79 CCA Request to them or the debt purchaser assigned the debt.

I wouldn't chase anyone for anything at this moment in time. I can see I said that I would look at each of your debts and comment, but I haven't done that yet. I will soon

It's hard to accept that patience really is a virtue when dealing with debts, but it works. Also timing is everything.

Di

[cowbopper]

Diana Mayhew My apologies, my impatience does get the better of me at times. Shall I hold off all action until you tell me otherwise, or should I send S77-79 CCA requests in the meantime?

My biggest concern at the moment is the creation cc, following Lowell's addition of a [backdated] default. My last debt was to drop off my file this October leaving the road open to get a mortgage, but this has completely railroaded through this and I really don't know what can be done about it, if anything.

[cowbopper]

Have received a letter before claim from Mortimer Clark on behalf of Cabot financial (UK) Limited today for account 3 in my diary.
Will send a CCA to Cabot, do I need to respond to MC at all?

[Joanna Connolly Solicitors]

Have received a letter before claim from Mortimer Clark on behalf of Cabot financial (UK) Limited today for account 3 in my diary.
Will send a CCA to Cabot, do I need to respond to MC at all?

Don't do anything until I've seen your Letter of Claim from Mortimer Clarke solicitors.

You've already got my email address

Have HSBC sent you any response to your SAR?

(I'm parking the debt history here to make things easier) >

Appreciate all the support any of you guys give and a massive thanks to Di for getting me started.

3. HSBC CREDIT CARD ACCOUNT 1

Approx opening 2009
Balance 1575
Date of last full payment: October 2012
Default: August 2013
Stopped paying DMP in June 2018
Account Owner: Cabot Financial (UK) Limited
ACTIONS:
Await SAR

21/05/2014: Metropolitan offer accepted of payment via DMP
20/08/2018: HSBC your repayments are in arrears letter
30/08/2018: HSBC Please contact us letter
30/10/2018: HSBC Your account being referred to Moorcroft letter
31/10/2018: Moorcroft welcome letter
17/01/2019: Moorcroft discount offer
11/02/2019: Moorcroft please contact us letter
02/04/2019: CSL Notice of further action letter
28/06/2019: CSL Final Notice letter
30/12/2019: HSBC confirming sale of account to Cabot Financial (UK) Limited
30/12/2019: Cabot Welcome letter
17/01/2020: Cabot please contact us letter
15/02/2020: Cabot 20% discount offer
18/03/2020: Cabot threat of legal action
29/03/2020: Cabot threat of legal action
14/04/2020: Cabot account being passed to solicitors
23/04/2020: Cabot account being passed to solicitors
27/04/2020: Mortimer Clarke Solicitors asking me to contact to discuss account
13/05/2020: Call from MC, voicemail left asking me to make contact.
14/05/2020: Call from MC, voicemail left asking me to make contact.
19/05/2020: Call from MC, voicemail left asking me to make contact.
20/05/2020: Call from MC, voicemail left asking me to make contact.
20/05/2020: SAR sent to original creditor
26/05/2020: Text from MC regarding a letter
28/05/2020: Text from MC regarding a letter
01/06/2020: Text from MC regarding a letter
03/07/2020: Letter before claim received from MC

Di

[cowbopper]

Diana Mayhew

Hi Di

I've emailed you a scan of the letter received.
Haven’t received any response from
HSBC regarding the SAR.

[Joanna Connolly Solicitors]

Diana Mayhew

Hi Di

I've emailed you a scan of the letter received.
Haven’t received any response from
HSBC regarding the SAR.

You've updated me by email but maybe update on your thread too when you get a moment.

I'm glad to learn things are heading in the right direction.

It seems you may have dodged two bullets so far when it comes to potential legal proceedings

Di

[cowbopper]

Diana Mayhew Two bullets dodged indeed. Again, many thanks and welcome back to AAD

Lowell who had added a default last year to a creation CC that was several years old, have confirmed they cannot service the CCA request, and have as such closed the account. The TransUnion file entry deletes all reference to Lowell and the Default and reverts to Creation. As yet, the Equifax report has not been updated, but a case is open with them.

MC had sent an LBA, but following a CCA request, this has been passed back to Cabot for management. Letters filed as usual.

[Joanna Connolly Solicitors]

Lowell who had added a default last year to a creation CC that was several years old, have confirmed they cannot service the CCA request, and have as such closed the account. The TransUnion file entry deletes all reference to Lowell and the Default and reverts to Creation

I wonder if that indicates that although Lowell have closed the account they may have unassigned it back to Creation who could assign it to another debt purchaser.

I'm not raining on your parade, I'm suggesting you don't bin the paperwork just yet, just in case.

Although having said that, if the debt is unenforceable then it's unenforceable despite who owns it

Di