Start of my diary

[Strepsi]

Type of Account: B of S Current Account
Date Commenced: ? Prior 2006
Approx Balance: £2000
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): HFUKH3L

As post above I have never CCA'd this current account. This is my first post regarding this debt, so no need to search through previous 42 pages...

This debt has been chased by Moorcroft, Wescott and CSL. In 2017 it was passed to Robinson Way by Halifax to act on their behalf.

I have had no contact with any of them.

Last week received Notice of Assignment from both Halifax (B Of S) and Hoist Finance UK Holdings 3 Ltd. As of yet no demand for payment, however they did include a nice a 15% discount offer.

[Strepsi]

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.

[Strepsi]

[QUOTE=Diana Mayhew;n1532676]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



Di

Hi Di,

I have resent Tesco info to your email. If you take a look at the second attachment. It clearly shows my date of birth and not my wife's.

I think this is what you are alluding to.

Cheers

[nightwatch]

I think you may be receiving the dreaded count papers, I say may, as Lowell are getting quite trigger happy at the moment,

see what Di thinks.

[Strepsi]

're Tesco, you should sign a SAR request, but sometimes even if you had signed it ,they say it doesn't match one on their records.
my question to that is how have you got a copy of my signature, if you don't have a copy of my CCA.

roughly what do the letters from Lowell say.

NOTICE OF ACTING

Lowell has instructed us to recover outstanding balance of...Our client notice to you is enclosed.

We are instructed to initiate legal proceedings against you unless you pay ...

If you fail to make payment or contact us to resolve this matter we will initiate legal proceedings against you...

There doesn't appear to be a time scale

[Joanna Connolly Solicitors]

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.



[QUOTE=Strepsi;n1532024]
4th January 2019, 11:24

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.

Di

[nightwatch]

're Tesco, you should sign a SAR request, but sometimes even if you had signed it ,they say it doesn't match one on their records.
my question to that is how have you got a copy of my signature, if you don't have a copy of my CCA.

roughly what do the letters from Lowell say.

[Strepsi]

I've only taken a quick look back through your post, but it seems the credit agreement Tesco sent you was deemed enforceable by Niddy.

However things have changed since then because the debt has been assigned to Lowell who may not have access to the same documents.

If Lowell send you a Letter of Claim then post on here for suggestions, but I see no need to reply to that letter from Lowell.

You could send a SAR to Tesco to see what data they hold. The Transaction Log may note any exchange or emails between them (Tesco) and Lowell which could be illuminating

Di

Just received letter this morning from Lowell and Lowell Solicitors in same envelope. It doesn't look like a LBC, there are no other forms.

Also received from Tesco a letter regarding our SAR advising that they couldn't release information as didn't have signature.

[nightwatch]

third leg of the same company, hopefully sent there to quietly pass away into space and time.

sorry ,finishing off the chocolate orange Baileys

[Strepsi]

HFUKH3L? How do they relate to HFUKH1L and 2.

Will update thread but wife's overdraft recently been assigned to them.

[Strepsi]

@dianamayhew

Updated 23rd December

Letter received beginning of December from PRA.

"I refer to your dispute raised November. We are currently awaiting further information to enable us to resolve the dispute. Be assured, the account continues to remain on hold during our investigation period..."

Updated this morning.

Diana Mayhew

Just received pack in the post my credit agreement signed (ticked) and with terms,along what appears to be default notice.

And some statements. They have given me 30 days to reply.

Advice on what to do next...

In regards posts and keeping them 'tidy', what way is best. My/our debts are so extensive, they get out of control and hard to find on thread?!

[Strepsi]

So did PRA update you within 30 days of your response to their Letter of Claim in November as promised?

(I couldn't see the history of this BOS debt in post #590.)

Di

Updated 23rd December

Letter received beginning of December from PRA.

"I refer to your dispute raised November. We are currently awaiting further information to enable us to resolve the dispute. Be assured, the account continues to remain on hold during our investigation period..."

[Joanna Connolly Solicitors]

UPDATE #590 PRA Group Bank of Scotland.

Received an LBC from PRA beginning of October, Di advised I send form back disputing their claim.

This morning received response "thank you for your dispute received date November, I can confirm that the above acccount has been placed on hold...We maybe in contact with you in the meantime to obtain further info...
We aim to provide a full response to your dispute within 30 days, however you should be aware that if we need to obtain additional info from the original creditor, this may result in further delay. We will keep you updated"

Now I just wait.

So did PRA update you within 30 days of your response to their Letter of Claim in November as promised?

(I couldn't see the history of this BOS debt in post #590.)

Di

[Joanna Connolly Solicitors]

I've only taken a quick look back through your post, but it seems the credit agreement Tesco sent you was deemed enforceable by Niddy.

However things have changed since then because the debt has been assigned to Lowell who may not have access to the same documents.

If Lowell send you a Letter of Claim then post on here for suggestions, but I see no need to reply to that letter from Lowell.

You could send a SAR to Tesco to see what data they hold. The Transaction Log may note any exchange or emails between them (Tesco) and Lowell which could be illuminating

Di

[Strepsi]

4th January 2019, 11:24
[QUOTE=Strepsi;n1513024]
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.