Start of my diary

[Joanna Connolly Solicitors]

[QUOTE=Strepsi;n1533597]

the credit agreement Tesco sent you for your wife's account was "signed" by you.


updated

Letter from Northampton, spoke with Di earlier. Like been wrapped in a comfort blanket!!

That wasn't a letter - it was a county court claim.

I like your analogy (my being like a warm comfort blanket)

Di

[Strepsi]

[QUOTE=Strepsi;n1532950]
18th January 2020, 15:46
I think this post (below) is the history of your wife's Tesco credit card which is what Lowell Solicitors have written to you about just now (correct me if I'm wrong).

Can you explain what you mean when you said the credit agreement Tesco sent you for your wife's account was "signed" by you. I've highlighted those bits in red.

4th January 2019, 11:24
Originally posted by Strepsi View Post
Originally posted by Strepsi View Post
19th July 2018, 12:58

Originally posted by Strepsi View Post
8th December 2017, 22:11
Originally posted by Strepsi View Post
Type of Account: Tesco CC - Wife
Date Commenced: 26/10/2013
Approx Balance: £4300
Date last paid: Approx beginning of 2016
Are you on arrangement to pay or not paying: Not paying
Status (Default/ in arrears/ up to date): Default
Account Owner (DCA or Lender): Moorcroft

5/5/2017 Reply to CCA Request

We acknowledge receipt of your letter requesting a copy of your credit agreement.

However, in line with our client's that we are obliged to follow and in order to ensure that your data remains protected, all credit agreement requests must be hand signed...we would ask that you hand sign the request and resend.
Catch up...

It has now been passed on to Robinson Way, CCA'd last week, information received this morning. Going to send received information to Niddy.

**Going to let Niddy take a look, but would it be strange to see a bit of my information (where I 'signed') within my wife's agreements?**

Cheers

Hi

I'm a bit confused. You say in post #284 - (you are not including full history in your updates, it will be helpful if you would) - that you CCA'd RobWay and received something which Niddy says is enforceable. Now you have a letter from Robway forwarding your request to their client.
Sorry won't let me add to post from my phone.

"Anyway had reply from Niddy saying above is enforceable. Copied his reply...

**The Credit agreement for my wife, didn't have her signed agreement it contained mine.**

This is where Niddy refers to "Nope, can't see one.

"Nope. Can’t see one.

Anyway if it’s 2013 then you cannot utilise s.127(3-6) so it’s enforceable.

You’d be depending on default / termination / harassment issues if they issued a claim.

Niddy"

How do I fight this, not sure what Niddy is refering to"

Was what you received per post #284 in response to your recent CCA request to Robway, or from something earlier? Also it's not usual for a DCA to request documents from their client and at the same time ask for repayment proposals within 30 days.


#284 Confused - where did I say I wasn't including full history?

I think what may have happened is Tesco supplied the agreement quicker than Robinson Way provided their correspondence. (The most recent one).

With regards Moorcroft request, this was my first attempt at Cca they were wanting a signature.

Does that make sense?

So the 30 days?



Tesco Card Letter Dated May 2018
We refer to your Tesco cc which was held at most recent address...we have decided to transfer (sometimes called assign) all of our rights in connection with your account to another company. Lowell portfolio I ltd has appointed Lowell financial ltd to manage to your account on their behalf.

Lowell Portfolio I Same date May 2018
We are Lowell portfolio I, a specialist debt purchaser...this letter is intended is to give you formal notice that your outstanding account with Tesco cc was sold and assigned to Lowell portfolio I on the (same date as letter from Tesco)

July 2018Lowell
We are yet to agree repayment plan...

July 2018 Lowell
We have to still agree a repayment on Tesco cc
Assessing your account for legal action...if you do not contact us we'll rely on information available to us, such as the information on your credit file, to understand your financial situation. This will help us decide whether to take legal action to recover this debt.


Last edited by Strepsi; 19th July 2018, 14:31.



29th July
Dear Mrs...

Having assessed our options, we intend to take legal action to recover this debt if you do not contact us to agree a repayment plan.

What legal action means...

We'd prefer to work with you...

Please call us by !/08/2018.

Best course of action, can I assume SWID?

3rd August 2018

I have sent swid letter today, panicking as going on holiday for two weeks, next week. Hopefully the correct action to take.



Letter received mid December

From Lowell

"Dear Mrs

We are writing with regards to your previous request for documentation under sections 77-79 of the CCA which we received in August 2018.

Tesco Bank CC have advised us that they have sent these documents directly to you and therefore this fulfil obligations under the CCA 1974.

If you have not received these, please let us know.

Otherwise, we would now like to discuss your proposals to repay this debt...

We will cease any collection activity for a period of 30 days to receive your response"


12th December

Letter received from Lowell

:NEXT STEP ASSESSMENT
'Your former Tesco Card remain unpaid. Before we take any further action, we'd like to offer you a 40% discount.'

Niddy believes that this is enforceable, however that I have received from Tesco is vague at the least. I am not considering accepting the offer.

Lowell are now the account holder, see bold above there reply to SWID. With my limited knowledge should they still not have sent me information. I was wondering should I send a SAR/GDPR.

The letters are getting more frequent now.





Update #622

This morning received an LBC from Lowell Solicitors, 30 days to reply from letter date.

I have re-sent the SAR direct to TESCO at the beginning of the week.

In regards Di's highlighted text in red, from previous CCA. The agreement we received was a combination of mine and hers, her agreement was signed with my information.

Lowell have also said that they won't send CCA information that they 'may' have, as Tesco have previously provided it. I would have thought as they now own this debt they would be required to do this (but what do I know).

updated

Letter from Northampton, spoke with Di earlier. Like been wrapped in a comfort blanket!!

[Still Waving]

Why didn't you follow Di's advice? It was a) or b).

[Strepsi]

Since you want to avoid legal proceedings due to the size of the outstanding sum, I see no harm in either:

(a) resend a s78 CCA Request with the postal order made out to Santander and copy it to DrydensFairfax since the firm won't know you've previously sent a CCA Request which was returned.

or

(b) send DrydensFairfax the AAD forum template known as SWID.

Once solicitors get as far as a Letter of Claim chances are they will issue no matter what, which you are hoping to avoid.

You choose

Di

To update,

I have sent a CCA (not SWID) to Drydens today, enclosed a postal order with payee of Santander.

[MisterK]

Absolutely.

If a creditor doesn't want to receive your CCA request then think of it as a red rag to a bull - where you are the bull. Maybe they've got something to hide. Definitely press on with that one.

On the other hand if they've signed for it, cashed a cheque etc and then they choose not to respond, then that's no problem for you at all.

But they cannot be allowed to turn down a CCA request however they choose to do it.

[Joanna Connolly Solicitors]

They are just being difficult, it's quite normal for the recipient to fill in the payee line if necessary.

Perhaps they are hoping you will be put off and not send it back to them - which is obviously what you should do even if it means paying the postage again.

That's what I would suggest too, since the OP wants to avoid legal proceedings at this moment in time because they don't know whether the credit agreement is compliant or even exists.

Sometimes it makes sense to know where you stand legally-speaking before taking a stubborn stance.

Di

[Joanna Connolly Solicitors]

Sent it recorded delivery, but they sent a letter and postal order advising they couldn't process as their was no payee on postal order.

Since you want to avoid legal proceedings due to the size of the outstanding sum, I see no harm in either:

(a) resend a s78 CCA Request with the postal order made out to Santander and copy it to DrydensFairfax since the firm won't know you've previously sent a CCA Request which was returned.

or

(b) send DrydensFairfax the AAD forum template known as SWID.

Once solicitors get as far as a Letter of Claim chances are they will issue no matter what, which you are hoping to avoid.

You choose

Di

[Roger]

Sent it recorded delivery, but they sent a letter and postal order advising they couldn't process as their was no payee on postal order.

WHICH LETTER MEANS THEY RECIEVED YOUR LETTER PLUS £1. The CCA as far as I am aware doesn't specify how the £1 should be paid other than sent with the request. I wouldn't be playing ping pong over a PO that they could easily fill in!!
The law says UN until they fulfil that CCA request !!

[MisterK]

They are just being difficult, it's quite normal for the recipient to fill in the payee line if necessary.

Perhaps they are hoping you will be put off and not send it back to them - which is obviously what you should do even if it means paying the postage again.

[Strepsi]

Did you send it Recorded Delivery
?

Sent it recorded delivery, but they sent a letter and postal order advising they couldn't process as their was no payee on postal order.

[The Tech Clerk]

Did you send it Recorded Delivery
?

[Strepsi]

In an earlier post on this thread you said that you had sent a CCA Request but it's not clear who you sent that to >





Di

Thanks for the prompt...had so much going on with PRA and upcoming Tesco claim.

I did CCA Santander but they returned it as their was no payee on postal order. I have no put a payee on before.

So as yet no CCA has been completed.

[Joanna Connolly Solicitors]

Not really have posted about this debt.

Have a Santander Credit Card, to a value of £450(ish). It was taken out around 2013.

Haven't posted about it as such a small amount.

Dryden Fairfax are chasing, I have sent a SAR to Santander, approximately two weeks ago, still waiting for reply.

This morning received a letter from Dryden's saying that their client is willing to offer a substantial discount if I pay before a certain date. No mention at all of the discount in either pounds or percentage.

My tactic was to CCA Dryden's when letter got more threatening.

Not really sure as to do. I kind of accept this value of debt isn't worth defending in court.

In an earlier post on this thread you said that you had sent a CCA Request but it's not clear who you sent that to >

Santander Credit Card
2014
£451
Last Paid Feb 2016
Default (not sure date)
Managed by Robinson Way

I have never CCA's this card, as to the reason why not completely sure, perhaps it was the small amount?!

Anyway Moorcroft, formerly and now Robinson Way have contacted me regarding the debt. But nothing too threatening.

This morning, received a letter from Drysden Fairfax.

Our Client: Santander

We are solicitors instructed by our client...to obtain payment of the amount £450 or take appropriate recovery action should you fail to pay.

Please contact us by the beginning of February to agree a satisfactory solution to this matter...please do not under estimate the seriousness of this matter.

I appreciate should have cca'd this sometime ago, I am assuming I should CCA Santander asap. Then when they contact in February I dispute their claim, by ticking appropriate box?

**Update CCA request sent as of today.

Di

[Strepsi]

Not really have posted about this debt.

Have a Santander Credit Card, to a value of £450(ish). It was taken out around 2013.

Haven't posted about it as such a small amount.

Dryden Fairfax are chasing, I have sent a SAR to Santander, approximately two weeks ago, still waiting for reply.

This morning received a letter from Dryden's saying that their client is willing to offer a substantial discount if I pay before a certain date. No mention at all of the discount in either pounds or percentage.

My tactic was to CCA Dryden's when letter got more threatening.

Not really sure as to do. I kind of accept this value of debt isn't worth defending in court.

[Joanna Connolly Solicitors]

When you SAR, specifically what information should there be when you receive you information?

Can I assume that the information that the original debtor will have will be exact same as the purchaser?

Definitely don't assume that the debt purchaser will have the same information as the original creditor. Sometimes the Deeds make it clear that they can't come back and ask for further information, or only limited information etc.

When the debt purchaser is lacking the documentation they need to win a case they often reconstitute or reconstruct it, but it must be 'honest and accurate'.

I see documents produced by debt purchasers which question the accuracy, because if the information isn't available from the original creditor, or doesn't exist in the original creditor's files, then how can it honest and accurate?

Di