fwil's diary

[fwil]

Thanks Di, yes its that one and yes its very odd but i'm sue s read on another thread a vey similar scenario about them suddenly 'magic-ing one up' once lowell involved. Haven't been able to find the thread anywhere now though...

The wording seems to suggest its another scare tactic bluff that i fell for briefly. Have posted the letters to the upload section, not sure if i need to alert niddy or if it will just get picked up?

Thanks again.

[Joanna Connolly Solicitors]

Updated Tesco 17/1/18

Background: My DMP of 2 years ended due to missing payments, planning to go self-regulated DMP if all debts (approx 15k) are enforceable.

• Type of account Tesco credit card
• Date commenced 6/1999
• Approx balance £4500
• Date last paid July 2012
• Are you on arrangement or not paying not paid not paid since last DMP payment in March 2015
• Status Default since December 2012
• Account owner Tesco

AUGUST 2015
- Received letter requesting immediate payment of full amount.
SEPTEMBER 2015
3rd: Sent CCA query letter
10th: Phonecalls from Tesco, voicemails left requesting contact by phone
14th: Received letter advising they may pass to DCA as no payment arranged.
15th: Received letter dated 10th requesting matching signature
21st: Received letter dated 17th advising may place with an external DCA, pay full amount immediately or arrange repayment plan
OCTOBER 2015
10th: Received letter dated 6th offering full and final settlement 20% less than balance within 10 days. or likely to be passed to DCA "may visit your home"
NOVEMBER 2015
14th: Letter from Moorcroft saying Tesco they are acting as collection agent.
25th: Letter from Moorcroft saying to contact within 7 days or they will recommend Tesco consider further action.
...
AUGUST 2016
1st: Moorcroft passed back to Tesco after Sold While in Dispute sent
15th: Tesco passed to RobWay
NOV 2016
8th: RobWay offered balance reduction
....
FEB 2017
Back with Tesco, passed to Wesco
MAR 2017
Wesco offered balance reduction
....
JAN 2018
Tesco: We have assigned to L0well. Includes intro letter from L0well asing for call to discuss.

I'm guessing it's this debt in post #1 which you're referring to (let me know if I've got that wrong).

I can't see when you sent your CCA Request (September 2015?) but it was sent to Tesco (who owned the debt at the time) not Lowells (who only bought it a few months ago).

So it strikes me as odd that Tesco couldn't produce the credit agreement for over two years but Lowells managed to 'find' it shortly after purchasing the debt.

I would run forensics over the paperwork you've been sent if I were you

Email it to Niddy for an opinion.

Di

[The Tech Clerk]

Diana Mayhew

[fwil]

Gutted! After all this time Lowell appear to have finally got Tesco to produce the CCA.
My writing, my sig.
For some reason there's no date under my signature (can't see why I would have missed it - do they gain anything by blocking it out?). It is stamped with a received date.
It looks like they have circled the date in the 'do you want ppi section' but I didn't want it so none of that section is filled in anyway.
Am I clutching at straws?

****Calmed down a bit now and looking at it its just my original application form where they've filled out the credt limit so presumably not an actual CCA? They've printed their system stuff on the reverse and there's a separate generic t's&c's.

[Joanna Connolly Solicitors]

Couple of letters today...

Co-op (enforceable) have sent a Final Demand saying full amount is now due so they'll have to terminate the agreement...
"In the meantime we'll look into other ways to recover the money. This might mean passing your account to a DCA."
So I'm hoping they do finally pass it to a DCA so i can start paying off without any interest being added.

Lowell (originally Tesco who sold it to them but have never provided a CCA) "we intend to take legal action if you don't agree a repayment plan... Legal action means: A claim form is issued by the court... If you do not respond to the claim form a CCJ may be granted against you..."
"Please call us by 26/3/2018"

Bit twitchy now with that one but am I right to hold out for the claim form before sending a SWID letter?.

It’s difficult to comment without knowing the history of a debt so is it possible to requote your original post and then add the update each time so help can be given in context for both of these debts.

You've said that one of them is enforceable, but that may be the case with the credit agreement however there are many other legal issues which can make a debt unenforceable in court.

There’s no need to get twitchy just yet. Under the new Pre Action Protocol introduced in October 2017 they would need to send you a formal Letter Before Claim giving you 30 days to respond before they can issue a claim.

Di

[Roger]

Thanks for replies.
Unfortunately both current owner and appointed manager are listed as 'Authorised' on the FCA site.
I have downloaded the SWID and will get it sent. Is there any issue with emailing it rather than posting or would that allow them to reduce their timescales? Just trying to avoid paying for recorded delivery!

The Post Office proof of posting is an alternative. But in this case you really do need to have evidence of the SWID being delivered but you could use second class (your guide line being when Monday 26/18 ) .Thursday 23/18 seems reasonable. Don't jump to their letters and tune!
There are many reasons for UE not just Assignment, not just a CCA.

[Roger]

Snail mail takeses more time. Also stops them from bombarding you with emails demanding this and that.

You find that mail delivery times were added in to the various CCA 74 timescales for delivering KEY statutary documents and failure over timescales can render UE.

Also if you look at CONC (this is for Statute Bar) https://www.handbook.fca.org.uk/handbook/CONC/7/15.html
"..CONC 7.15.4R01/04/2014
Notwithstanding that a debt may be recoverable, a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period.
.."
So we do not want emails/sms phones etc... Snail Mail only!!

[nightwatch]

Snail mail takeses more time. Also stops them from bombarding you with emails demanding this and that.

[fwil]

Thanks for replies.

Unfortunately both current owner and appointed manager are listed as 'Authorised' on the FCA site.

I have downloaded the SWID and will get it sent. Is there any issue with emailing it rather than posting or would that allow them to reduce their timescales? Just trying to avoid paying for recorded delivery!

[Roger]

Lowell's and Tesco CC (6/1999) .
I think its always better to have a reasoned plan going forward.

1/ At this point you do not have a S 78 CCA and I would have thought that at some point that a S 78 CCA will be required
2/ If Lowell's issue a Letter Before Claim (30 days to reply) your most likely response would be to send a S 78 CCA

3/ You will most likely require a SAR (takes up to 40 days) from Tesco's in any event and from your point of view this would be better AFTER any correspondence between Tesco and Lowell's!

So why not send the SWID now if Lowell's ignore and send LBC you have the perfect basis for dispute (Outstanding S 78 CCA) . Hopefully Lowell's will correspond to Tesco and come back to you (at which time and before a Letter Before Claim!! ) send for your SAR on Tesco to achieve 3/ above.

Always worth checking the FCA status of who the account was sold to! The Current Owner
Look at the Lowell's Assignment carefully and as to who the CURRENT OWNER is and whom has (within Lowell) been appointed to manage the account.
Not all of these are Licensed.

[The Tech Clerk]

see they had to look up the definition of:= Legal Action Means! lol

Lowells no matter what you send seem to in nearly all cases issue of Claim form to frighten you into contact and pay, then go down the court route and in many cases discontinue at the very last minute/ read other threads etc?

[fwil]

Hi all,
Couple of letters today...

Co-op (enforceable) have sent a Final Demand saying full amount is now due so they'll have to terminate the agreement...
"In the meantime we'll look into other ways to recover the money. This might mean passing your account to a DCA."
So I'm hoping they do finally pass it to a DCA so i can start paying off without any interest being added.

Lowell (originally Tesco who sold it to them but have never provided a CCA) "we intend to take legal action if you don't agree a repayment plan... Legal action means: A claim form is issued by the court... If you do not respond to the claim form a CCJ may be granted against you..."
"Please call us by 26/3/2018"

Bit twitchy now with that one but am I right to hold out for the claim form before sending a SWID letter?

Thanks for looking.

[Still Waving]

Agreed - just file both letters, don't respond.

[Roger]

Hi all, couple of updates I'd appreciate advice on....

Firstly, letter received from Lowells (unenforcable as Tesc never provided CCA):
"We really want to work with you, but can only help if you get in touch..."
Presumably I can hold out on replying SWID a bit longer?

Secondly, letter from Coop (£4k, ENFORCEABLE, last payment 2015, waiting for it hopefully to be sold to DCA)
"This is a default notice... section 87(1) CCA 1974 as in breach of LOAN agreement"
Gives me 4 weeks to pay in full.

There was an issue with how Coop marked my credit file with a default that Niddy mentioned in post #6.
My fear is that this could go to court raather than a DCA? I'd prefer to slowly pay it off with it being enforceable.

Thanks for reading.

Lowell's letter doesn't threaten in any way and ordinarily you would ignore and file.
There are pros and cons as to when to send the SWID but that letter doesn't merit a reply.

Coop well Niddy pointed out " Best to get defaulted whilst you assess your position and that's where we'll help you." #8
https://www.all-about-debt.co.uk/for...66#post1286466
BEST TO GET DEFAULTED which is what has happened. Most likely Coop will now sell this on to a DCA.

[fwil]

Hi all, couple of updates I'd appreciate advice on....

Firstly, letter received from Lowells (unenforcable as Tesc never provided CCA):
"We really want to work with you, but can only help if you get in touch..."
Presumably I can hold out on replying SWID a bit longer?

Secondly, letter from Coop (£4k, ENFORCEABLE, last payment 2015, waiting for it hopefully to be sold to DCA)
"This is a default notice... section 87(1) CCA 1974 as in breach of LOAN agreement"
Gives me 4 weeks to pay in full.

There was an issue with how Coop marked my credit file with a default that Niddy mentioned in post #6.
My fear is that this could go to court raather than a DCA? I'd prefer to slowly pay it off with it being enforceable.

Thanks for reading.