Start of my diary

[Strepsi]

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.

[nightwatch]

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.

[Strepsi]

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)?

[Still Waving]

... Deleted

[Warwick65]

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

[Still Waving]

"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.

[Strepsi]

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.

[Strepsi]

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

[Warwick65]

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

[Strepsi]

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?

[MisterK]

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.

[Strepsi]

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.

[MisterK]

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)

[Strepsi]

Unless I'm very much mistaken, this is a similar situation to your success yesterday. You've sent a s.78 request and you've received a letter saying they don't have your credit agreement. That means it's UE for as long as they can't find it. So basically you can ignore all demands for payment. They are allowed to ask for payment but because it's UE you need do nothing except check the post in case you ever get a claim for the account balance. You have to do that because the court will not know that it's UE unless you tell them. In practice you'd alert the forum and head off the claim at an early stage. Probably by sending them a copy of the response to your s.78 request. That's why you need to keep it safe.

You wouldn't normally send a second CCA request as that might cause them to produce something better.

Thanks for the reply, for sake of clarification that was from Moorcroft who were chasing on behalf of OC, it is now owned by Lowell, is that not a different scenario...I think maybe I am looking to receive a similar letter to that of my recent success?

[MisterK]

Unless I'm very much mistaken, this is a similar situation to your success yesterday. You've sent a s.78 request and you've received a letter saying they don't have your credit agreement. That means it's UE for as long as they can't find it. So basically you can ignore all demands for payment. They are allowed to ask for payment but because it's UE you need do nothing except check the post in case you ever get a claim for the account balance. You have to do that because the court will not know that it's UE unless you tell them. In practice you'd alert the forum and head off the claim at an early stage. Probably by sending them a copy of the response to your s.78 request. That's why you need to keep it safe.

You wouldn't normally send a second CCA request as that might cause them to produce something better.