fwil's diary

[MisterK]

In fact blagging can easily get you a pleasant surprise. There you were thinking that they had you in a corner when something comes along that changes everything. There's a lot can happen in six years....

[Still Waving]

I can vouch that it is possible to blag to SB - Roger and Warwick65 are correct.

[Warwick65]

Hi

Can you just clarify exactly which debt this is - sorry not been able to read back.

Nowe this is a true story that Di will vouch for.

I had a Capital One debt for about £5K . I sent a CCA request and what came back was ruled enforceable by Niddy - well I blagged it and I blagged it and eventually it was sold to lowell. I blagged a bit more until in 2016 I received a letter before action.
I blagged a bit more and sent a new CCA request and about 11 months later , just when I thought all was quiet I walked in to find a claim form from Northampton court.

I engaged Jo who did a wonderful job, so much so that when it got to court , we won because they could not show they had sent a default notice. Even if they had, Jo had prepared other arguments but no DN won the day. On top of that, Lowell had to pay costs in the small claims court- wonderful.


Ok now some others- I had two RBS debts where the CCA came back enforceable- blagged and now they are statute barred

Another of 15K - ruled enforceable - now Statute barred


Moral of the story - do not be hasty and jump into making offers

[MisterK]

Steady on, FWIL. You're forgetting all the other reasons why a debt can be UE, as Roger says.

Even if you do have to settle some, you will always do the best for yourself by playing hard to get.

[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.

[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

[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]

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.

[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

[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'.

[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

[fwil]

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

[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

[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

[The Tech Clerk]

probably a mock up one