fwil's diary

[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.

[The Tech Clerk]

Diana Mayhew

[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

[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.

[The Tech Clerk]

probably a mock up one

[cymruambyth]

Tesco do play games over producing their’agreements’ or should I say application forms! They always refused or failed to supply one for us, but as soon as it was sold on all and sundry can supply one. However, whether they are enforceable is another matter

[nightwatch]

My tesco CCA was sent by them under the DPA it is a copy of the 1999 application form, and a print out of their credit check.
When they got rid of it to Hoist/ Robsonway I sent them a SWID they sent the same items back along with a stack of statements for odd dates from 2004 to 2011 and a set of T&C's from 2004.
then asked for payment.
last payment was APRIL 2012, they are still asking me for a payment
think not NW x

[fwil]

Great news, nightwatch. That's exactly what they've tried with me so looks good. Phew!

[fwil]

I think i should be sending Lowel a SWID but would like someone to have a look at their 'CCA' that i uploaded to the Upload Your CCA thread if possible?
I've a feeling ive missed a step for getting someone to check it so if anybody can advise that would be appreciated

[Still Waving]

I think i should be sending Lowel a SWID but would like someone to have a look at their 'CCA' that i uploaded to the Upload Your CCA thread if Hi
I've a feeling ive missed a step for getting someone to check it so if anybody can advise that would be appreciated

Hi

The best way is to email the CCA to Niddy webmaster@all-about-debt.co.uk , including a link to this thread. Don't blank anything out on the CCA - only Niddy will see it. Title the email 'fwil's CCA'.

[Joanna Connolly Solicitors]

I think i should be sending Lowel a SWID but would like someone to have a look at their 'CCA' that i uploaded to the Upload Your CCA thread if possible?
I've a feeling ive missed a step for getting someone to check it so if anybody can advise that would be appreciated

I'm assuming this debt is still with Lowell Portfolio and has not been passed to Lowell Solicitors?

You're right to say that you need to get an opinion on the enforceability of the credit agreement you've received before you send any letters to Lowell. Email it to Niddy as I suggested in post #108

This would also be a good time to send a SAR/GDPR Request to Tesco to get the backstory of the account. The Transaction Log may include any dialogue between them (Tesco) and Lowell surrounding your s77-79 CCA Request as well as other useful nuggets of information.

Di

[fwil]

I'm assuming this debt is still with Lowell Portfolio and has not been passed to Lowell Solicitors?

You're right to say that you need to get an opinion on the enforceability of the credit agreement you've received before you send any letters to Lowell. Email it to Niddy as I suggested in post #108

This would also be a good time to send a SAR/GDPR Request to Tesco to get the backstory of the account. The Transaction Log may include any dialogue between them (Tesco) and Lowell surrounding your s77-79 CCA Request as well as other useful nuggets of information.

Di

Thanks Diana, I've emailed it all to Niddy. Its with Lowell Financial by the looks of it.

I will get on to sending the SAR request next.

[Warwick65]

As Di says, the SAR/GDPR may bring up plenty of information . As an example, a SAR I sent to lowell a while back to Capital One showed some doubt about exactly what statutory letters such as S87(1) DN's were sent out. Lowell claimed a DN had been sent but the Judge believed my assertion , I had never received one. I don't think the S78 request was even argued in court.

[fwil]

Well Niddy's checked the CCA and unfortunately it looks enforceable to him so no joy for me on any of my debts. Think i'll go the full and final settlement route now.
Thanks everybody for all your input.

Fun While It Lasted

[Roger]

Well Niddy's checked the CCA and unfortunately it looks enforceable to him so no joy for me on any of my debts. Think i'll go the full and final settlement route now.
Thanks everybody for all your input.

Fun While It Lasted

Why? You are not being threatened as far as I cam see.
What did Niddy suggest?

Look you are a long long way away from a CCJ and even within that process settlements etc.. are perfectly viable.
The s77/78 request is for information and not necessarily proof purposes.
The GDPR / SAR 2018 nolonger costs £10 and this will give you the background information you need for informed decisions.
But there are many many reasons for UE not just the Agreement.

Blagging has been the successful route of many Diarists.