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  • Originally posted by Strepsi View Post
    How long do they have to respond, is it similar to a general cca request?
    Niddy's article sets out the background and how these come under CCA. The requirement for information is quite tough! requiring detailed information. It isn't under s.78/77 hence not requiring 1. BUT ITS REALLY IMPORTANT TO USE RECORDED DELIVERY HERE. (Proof of postage and receipt).


    Comment


    • I am sure that somewhere in the 31 pages there are details of this account such as when it was opened, how much is owed and when it was defaulted but for ease please can we have a brief history.

      Remember the letters Niddy wrote were in 2011 and are very useful for old overdrafts. I have used them myself and 2 OD's are now SB, however if these are newer there may be other ways to tackle them that are even more powerful.

      I don't want to sound all school ma'am ish but we are not all as familiar with your debts as you are and it is easy to think , unless told other wise that post x is the same as post x-1 and post x+1. I do get it, I know my debts like the back of my hand but others don't.

      Comment


      • I am sure that somewhere in the 31 pages there are details of this account such as when it was opened, how much is owed and when it was defaulted but for ease please can we have a brief history.

        Remember the letters Niddy wrote were in 2011 and are very useful for old overdrafts. I have used them myself and 2 OD's are now SB, however if these are newer there may be other ways to tackle them that are even more powerful.

        I don't want to sound all school ma'am ish but we are not all as familiar with your debts as you are and it is easy to think , unless told other wise that post x is the same as post x-1 and post x+1. I do get it, I know my debts like the back of my hand but others don't.

        I am aware it is vague. On the start of this journey I was a little confused overdrafts, as they are different to CC's. So have concentrated my efforts on credit cards.

        I will attempt to paint a full picture over the weekend (if I have the opportunity).

        But for now, from memory the debt was bought by 1st Credit, at time of purchase their licence was lapsed, they have since renamed themselves to Intrum.

        I have sent the appropriate CCA request for overdrafts (thanks to Roger). It has been sent recorded delivery and receipt kept.

        Comment


        • HSBC 950
          June /2007
          Joint Current Account - Overdraft

          So apologies, if a little vague at the outset. I am getting better believe or not at record keeping. I have previously CCA'd this to Moorcroft in October 2016, who advised they are no longer dealing with account (however, I now know that I would have sent the incorrect template anyway).

          Since then...
          Wescott June 2016 - Notice of Debt Collection

          Dear Mrs
          Wescot is a specialist debt collection and we have been instructed by our client HSBC to make contact with you....

          Four further letters nothing threatening, confirming address and offers etc...


          Letter dated November 2016 from HSBC

          Dear Mrs

          I am writing to inform you that the above account has been sold by HSBC to 1st Credit (Finance Ltd) on the ?/10/2016.
          I confirm that the amount outstanding on your account at the time was . 1st Credit (Finance Ltd) have appointed 1st Credit Limited as their servicing agent to manage your account on their behalf.


          they go on to confirm that 1st Credit (Finance) is now the owner of the account.

          Don't appear to have a hello letter from 1st Credit

          I received loads of get in contact, offer letters, settlement discounts...then.

          March 2018
          "1st Credit is now Intrum""

          Dear Mrs
          From 1st March 2018 our new name "Intrum" will be used in all aspects of our relationship with you regarding your account. We're taking care of everything and so there is no need to do anything.

          April 2018
          Account Assignment - "We are here to help" - (yeah right!!)
          Dear Mrs

          We would like to take this opportunity to introduce Intrum UK Finance Ltd (formerly 1st Credit (Finance Ltd) as the legal owner of the outstanding debt , following the assignment from HSBC Bank in October 2016.


          There has been other letters, all of which have been asking for the wife to contact. It maybe a minor point but shouldn't all the correspondence be addressed to both of us as it is a joint account.

          I hope that helps in someway to get understanding of this account.



          Intrum UK Finance Ltd - I am not sure they have a licence, they appear on companies house, but they don't appear on the FCA register (Unless I am mistaken).
          Again when I search on CCA Register, nothing shows up relating to Intrum UK Finance Ltd - other than saying to Intrum Co's are lapsed or inactive.
          Last edited by Strepsi; 15th September 2018, 00:46.

          Comment


          • Originally posted by Strepsi View Post
            HSBC 950
            June /2007
            Joint Current Account - Overdraft

            So apologies, if a little vague at the outset. I am getting better believe or not at record keeping. I have previously CCA'd this to Moorcroft in October 2016, who advised they are no longer dealing with account (however, I now know that I would have sent the incorrect template anyway).

            Since then...

            Dear Mrs

            I am writing to inform you that the above account has been sold by HSBC to 1st Credit (Finance Ltd) on the ?/10/2016.
            I confirm that the amount outstanding on your account at the time was . 1st Credit (Finance Ltd) have appointed 1st Credit Limited as their servicing agent to manage your account on their behalf.[/COLOR]

            they go on to confirm that 1st Credit (Finance) is now the owner of the account.

            Don't appear to have a hello letter from 1st Credit

            I received loads of get in contact, offer letters, settlement discounts...then.

            March 2018
            "1st Credit is now Intrum""

            Dear Mrs
            From 1st March 2018 our new name "Intrum" will be used in all aspects of our relationship with you regarding your account. We're taking care of everything and so there is no need to do anything.

            April 2018
            Account Assignment - "We are here to help" - (yeah right!!)
            Dear Mrs

            We would like to take this opportunity to introduce Intrum UK Finance Ltd (formerly 1st Credit (Finance Ltd) as the legal owner of the outstanding debt , following the assignment from HSBC Bank in October 2016.


            [I]There has been other letters, all of which have been asking for the wife to contact. It maybe a minor point but shouldn't all the correspondence be addressed to both of us as it is a joint account.


            It's not a minor point

            Intrum should be writing to each of you separately if this is a joint account.

            The fact that they're not might suggest that when HSBC assigned the debt you (Mr) got left behind which could be a good thing if they try to enforce this debt.

            Whatever happens don't tell them!

            Was the Notice of Assignment in your wife's name only?

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • 17th September 2018, 12:58
              Originally posted by Strepsi View Post
              HSBC 950
              June /2007
              Joint Current Account - Overdraft

              So apologies, if a little vague at the outset. I am getting better believe or not at record keeping. I have previously CCA'd this to Moorcroft in October 2016, who advised they are no longer dealing with account (however, I now know that I would have sent the incorrect template anyway).

              Since then...

              Dear Mrs

              I am writing to inform you that the above account has been sold by HSBC to 1st Credit (Finance Ltd) on the ?/10/2016.
              I confirm that the amount outstanding on your account at the time was . 1st Credit (Finance Ltd) have appointed 1st Credit Limited as their servicing agent to manage your account on their behalf.[/COLOR]

              they go on to confirm that 1st Credit (Finance) is now the owner of the account.

              Don't appear to have a hello letter from 1st Credit

              I received loads of get in contact, offer letters, settlement discounts...then.

              March 2018
              "1st Credit is now Intrum""

              Dear Mrs
              From 1st March 2018 our new name "Intrum" will be used in all aspects of our relationship with you regarding your account. We're taking care of everything and so there is no need to do anything.

              April 2018
              Account Assignment - "We are here to help" - (yeah right!!)
              Dear Mrs

              We would like to take this opportunity to introduce Intrum UK Finance Ltd (formerly 1st Credit (Finance Ltd) as the legal owner of the outstanding debt , following the assignment from HSBC Bank in October 2016.

              [I]There has been other letters, all of which have been asking for the wife to contact. It maybe a minor point but shouldn't all the correspondence be addressed to both of us as it is a joint account.

              It's not a minor point

              Intrum should be writing to each of you separately if this is a joint account.

              The fact that they're not might suggest that when HSBC assigned the debt you (Mr) got left behind which could be a good thing if they try to enforce this debt.

              Whatever happens don't tell them!

              Was the Notice of Assignment in your wife's name only?

              Di


              Notice of Assignment from HSBC to 1st Credit was in wife's name only, from 1st Credit to Intrum was also in wife's name. I have never received any communication in my name other than when HSBC informed us that Wescott were going to be chasing back in 2016.

              No notice of Assignment in my name.


              Comment


              • Originally posted by Strepsi View Post
                17th September 2018, 12:58
                Originally posted by Strepsi View Post
                HSBC 950
                June /2007
                Joint Current Account - Overdraft

                So apologies, if a little vague at the outset. I am getting better believe or not at record keeping. I have previously CCA'd this to Moorcroft in October 2016, who advised they are no longer dealing with account (however, I now know that I would have sent the incorrect template anyway).

                Since then...

                Dear Mrs

                I am writing to inform you that the above account has been sold by HSBC to 1st Credit (Finance Ltd) on the ?/10/2016.
                I confirm that the amount outstanding on your account at the time was . 1st Credit (Finance Ltd) have appointed 1st Credit Limited as their servicing agent to manage your account on their behalf.[/COLOR]

                they go on to confirm that 1st Credit (Finance) is now the owner of the account.

                Don't appear to have a hello letter from 1st Credit

                I received loads of get in contact, offer letters, settlement discounts...then.

                March 2018
                "1st Credit is now Intrum""

                Dear Mrs
                From 1st March 2018 our new name "Intrum" will be used in all aspects of our relationship with you regarding your account. We're taking care of everything and so there is no need to do anything.

                April 2018
                Account Assignment - "We are here to help" - (yeah right!!)
                Dear Mrs

                We would like to take this opportunity to introduce Intrum UK Finance Ltd (formerly 1st Credit (Finance Ltd) as the legal owner of the outstanding debt , following the assignment from HSBC Bank in October 2016.

                [I]There has been other letters, all of which have been asking for the wife to contact. It maybe a minor point but shouldn't all the correspondence be addressed to both of us as it is a joint account.

                It's not a minor point

                Intrum should be writing to each of you separately if this is a joint account.

                The fact that they're not might suggest that when HSBC assigned the debt you (Mr) got left behind which could be a good thing if they try to enforce this debt.

                Whatever happens don't tell them!

                Was the Notice of Assignment in your wife's name only?

                Di


                Notice of Assignment from HSBC to 1st Credit was in wife's name only, from 1st Credit to Intrum was also in wife's name. I have never received any communication in my name other than when HSBC informed us that Wescott were going to be chasing back in 2016.

                No notice of Assignment in my name.

                Intrum - Letter Received

                Dear Mrs

                We are aware that you have raised a dispute/query on the above account.


                What happens next

                We will contact the original creditor in order to request information they hold in relation to a dispute in relation to this account. It may take several weeks for them to gather this information.

                We will suspend collections activity on this account whilst we endeavour to obtain these documents.


                What you can do


                Please send us any information you have in relation to your dispute/query...

                So I just wait...
                Last edited by Strepsi; 20th September 2018, 10:53.

                Comment


                • Originally posted by Strepsi View Post
                  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?

                  Bit of a query, I sent a CCA request 'signed for' on Friday of last week, at the moment when I check the post office track and trace it just states that it has been posted.

                  Where does this leave me, Lowell wanted a reply from me this week otherwise they will commence with legal proceedings!

                  Comment


                  • probably got it Royal Mail (snale) site shows that many a time yet letters received refers to the request etc, they will not send the CCA request ( if normal way they operate but might say getting it or even ignore your request at this stage)? do not rely on that area as lowells go on with threats in most cases, ubness you cave in = it is up to you how you want to deal with it>? remember Lowells thrive on ignorance od people and hope to get default judgments

                    meantime what is your intention regarding this one??
                    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.

                    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                    Comment


                    • Warwick65

                      Diana Mayhew
                      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.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • Originally posted by The Tech Clerk View Post
                        probably got it Royal Mail (snale) site shows that many a time yet letters received refers to the request etc, they will not send the CCA request ( if normal way they operate but might say getting it or even ignore your request at this stage)? do not rely on that area as lowells go on with threats in most cases, ubness you cave in = it is up to you how you want to deal with it>? remember Lowells thrive on ignorance od people and hope to get default judgments

                        meantime what is your intention regarding this one??
                        Thanks,

                        What do you mean, by what is my intention?

                        Comment


                        • I think what I would do if I'd sent a CCA request by recorded delivery and it was really important to get the confirmation that it had been received is just to repeat the request. Another 1 won't make a big difference and it would be interesting to see what happens the second time. Most likely you'd get a signature. If you don't get one then doing it twice over says very clearly that you're doing all that could reasonably be expected of you. I know you'd not normally repeat a CCA request but this might just be a time when it's the better thing to do.

                          Comment


                          • Originally posted by Strepsi View Post

                            Thanks,

                            What do you mean, by what is my intention?
                            When I don't have bouts of getting extremely down with the level of debt we have (wife and I), which is unfortunately far too often! Which I am aware is the purpose of this fantastic (and possibly lifesaving) forum.

                            Every single one of my (our) debts is going to get fought with the help of this site.

                            We have a long way to go unfortunately, but I have started down this path and there ain't no turning back!


                            Comment


                            • Originally posted by Strepsi View Post

                              Thanks,

                              What do you mean, by what is my intention?
                              your response - i,e fighting them is the answer

                              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.

                              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                              Comment


                              • Just to say, if you have sent it via RM signed for and they have not updated the website- in the past I have complained and received proof of delivery along with 6 first class stamps

                                I am not in favour of sending a 2nd request unless it benefits you - for example after two of my debts had been sold I sent new CCA requests which they couldn't satisfy (thank you cabot) and there was another 3K sorted

                                I know debt is hard work, I lost many many hours of sleep over it in the past but it does get easier and frankly what is the worst that can happen? They can not get blood out of a stone

                                Comment

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