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  • Originally posted by MisterK View Post
    Is it about the same account. That's what matters. It can pass through any number of hands, you don't have to CCA it each time. You just keep the s.78 response safe so that you can produce it in the event that any solicitor issues a claim.

    An unnecessary s.78 request is not a good idea, because if the original creditor ever produces anything better it may put you in a worse situation.

    If you've had a response to a formal CCA request saying that they don't have the agreement then yes, this is a similar situation to your recent success and no further action is required unless you get a claim (or possibly threat of claim - as long as you don't act too soon)
    Thanks, I think that is all I needed to read. Will sit tight.

    Comment


    • I suppose the perfect situation is the one where you keep a copy of the exact s.78 letter that you sent to the original creditor, together with a copy of the receipt signature from Royal Mail, and that the reply you get came directly from the OC.

      In this case the reply didn't come from the OC but from Moorcroft, and the s.78 request was presumably sent to Moorcroft, I wouldn't have thought that would make any difference as you said that the letter they sent mentions that they (Moorcroft) had asked Creation Finance.

      If you need a 100% belt & braces answer then Di Mayhew would be the person to ask, I'm sure she wouldn't mind you seeking clarification if you feel it necessary.

      Comment


      • 28th August 2018, 11:06
        3rd August 2018, 16:59

        Originally posted by Strepsi View Post
        Originally posted by Strepsi View Post
        21st March 2018, 16:56
        Originally posted by Strepsi View Post
        Creation CC
        Amount 4530
        Account Opened 10/12/2013
        Default 27th April 2016 (Finally...)

        Creation 9/07/2016

        Your agreement has now been referred to Moorcroft Debt Recovery for collection for the collection of the overdue amount. Any further payment or contact regarding your agreement show now be made to...

        Moorcoft 13/7/2016

        Your account detail have been passed to us by Creation Financial Services, outstanding balance 4968.38

        Moorcroft Debt 19/10/2016

        Please find text from letter.
        'Further to your recent communication in respect of the above account, we are writing to confirm we have been in contact with Creation Financial Services Ltd.

        Upon investigation of your account, our client has advised their records show that unfortunately, a copy of the agreement is unavailable due to the age of the account. However, please find enclosed statements to show how the balance was accrued.

        We hope this answers any queries you may have and as a result they believe the balance we hold to be correct and due for payment.

        We have placed your account on hold until the the 18th November to allow you time to receive and respond to this letter'. Then waffle.

        What do you think?
        Creation 8/3/2017
        I am disappointed to note that we have still not heard from you regarding payment of debt...

        Creation 13/10/2017
        We have been attempting to contact you for sometime to discuss this debt without success...

        Creation 24/10/2017
        Despite our efforts to contact you and assist you in clearing the above debt, by means of a repayment ...we therefore have no alternative but to sell this account to a debt purchaser.

        You have 10 days from the date of this letter...

        Creation Consumer Services Ltd 19/01/2018
        We are writing to notify you that Creation Financial Services Ltd sold your account to Lowell Portfolio I Ltd on 27/12/2017. The total balance sold was 4968.38...

        Lowell Portfolio I Ltd 19/01/2018
        We are Lowell Portfolio I Ltd, a specialist debt purchaser, which buys accounts from various organisations...The letter is intended to give you formal notice that your outstanding Asda account with Creation Financial Services Ltd was sold to Lowell Portfolio I Ltd on 27/12/2017. Lowell Portfolio I Ltd has instructed Lowell Financial Ltd to manage your account.

        [I] Since then I haven't received any letters that directly relate to this debt, only letters that relate to three debts that they own.
        Thank you for posting the full history which makes things a lot easier to follow

        Unless I've misunderstood, you received a letter from Moorcroft in October 2016 which states that Creation Finance admit that they don't have your credit agreement.

        Was that letter sent in response to a formal s 77-79 CCA Request ?

        I'm pleased that Lowells haven't written to you since but if they do write post on your thread and it may make sense to reply letting them know the account is currently unenforceable (have you kept that Moorcroft letter?).


        Hi Di,

        Yes I still have the letter and documents, you haven't misunderstood and it was through a CCA request.

        Cheers




        I was wondering if someone could give some advice on this also. Cheers




        Just received Data Access Report, I have forwarded some information for Niddy to take a look. I have never received this type of information, what should I be looking out for?


        Should I send CCA Lowell regarding this debt, I feel the information (SAR) received was a little vague from Creation.

        5th September

        Prelegal Assessment Letter received from Lowell.

        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.

        Please call us by -/9/2018


        Best course of action?

        Comment


        • Have you ever sent the sold whilst in dispute to Lowell. The aim is to stop them starting a claim. However prior to taking legal action they should send a letter before action.

          I do think it might be worth sending a sold whilst I dispute .

          Open to other suggestions

          Comment


          • Never sent a SWID, that is what I was considering.

            Comment



            • 16th March 2018, 11:55

              Originally posted by The Tech Clerk View Post
              another push button !B! begging letter, 1st come 1st served ensconce = thought that one went out of the window long time ago! ignore that silly computer generated offer, Oh! yes we take it up -ooppsss Oh! Dear debtor you have just acknowledged the debt? comes to mind. I would sit on my hands regarding letters like that at the moment!

              you have been advised to send a CCA1974 before! send Recorded Delivery. by the way any recorded partly settlement or full settlement makes no difference to lenders, so why pay when you may not have to just to fill their yachts with booze and get nothing yourself i.e. still bad record on file??? see what others say.


              "get that cca request off"



              I have been reluctant with the CCA, as there appeared to be conflicting advice.

              Will do over the weekend.

              Cheers

              Letter Received from Intrum (New name for 1st Credit) -/9/2018

              Dear Mrs

              Despite our attempts to engage with you, we do not presently have a repayment plan in place. We are also unaware of any reason as how your current circumstances may be affecting your ability to begin repayments.

              As such we have decided to engage the services of resolvecall who have been instructed to assist us to make contact with you, and find an amicable resolution to this outstanding account.

              Resolvecall will write to you shortly offering you options to make contact with us....


              Sending CCA request today, as previously advised.

              Comment


              • "Sending CCA request today, as previously advised."

                That's fine, but there is probably already a letter in the pipeline from Resolvecall, so don't be surprised.

                Comment


                • Sorry I missed your reply. I would stick with a generic SWID letter assuming there is an outstanding cca request

                  Comment


                  • ... Deleted

                    Comment


                    • Originally posted by Warwick65 View Post
                      Sorry I missed your reply. I would stick with a generic SWID letter assuming there is an outstanding cca request
                      No outstanding CCA request, always been confused on how to act with regard current account (overdrafts)?

                      Comment


                      • Originally posted by Strepsi View Post

                        No outstanding CCA request, always been confused on how to act with regard current account (overdrafts)?
                        OK you need to send the "overdraft" CCA request that is in the template thread, ASAP, if you haven't sent one then we can't argue that the account is in dispute.
                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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                        Comment


                        • Originally posted by nightwatch View Post

                          OK you need to send the "overdraft" CCA request that is in the template thread, ASAP, if you haven't sent one then we can't argue that the account is in dispute.
                          Thanks, but where exactly would I find it. Can't appear to access the template link on the page.

                          Comment


                          • Originally posted by Strepsi View Post

                            Thanks, but where exactly would I find it. Can't appear to access the template link on the page.
                            Ok
                            There are two letters YOU DO NOT SEND A 1.00

                            https://www.all-about-debt.co.uk/for...20CCA%20v1.doc
                            and if this is queried then
                            https://www.all-about-debt.co.uk/for...20CCA%20v2.doc

                            Read also the following
                            https://www.all-about-debt.co.uk/for...A-Information=

                            Comment


                            • Originally posted by Roger View Post
                              Thank you.

                              Comment


                              • Originally posted by Strepsi View Post

                                Thank you.
                                How long do they have to respond, is it similar to a general cca request?

                                Comment

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