Start of my diary

[Joanna Connolly Solicitors]

Sorry, I thought it would have quoted the full thread. It is PRA, Bank of Scotland.

In which case email me the front page of the claim form.

I can look back through your thread for the history of this debt or you can post the quote again.

Di

[Strepsi]

• 12th October 2019, 13:15

23rd September 2019, 11:44

Originally posted by Strepsi View Post

• 26th June 2017, 12:39
• Type of Account: B of S cc
• Date Commenced: /10/2013
  Approx Balance: £1100
  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): PRA Group
  
  Re: CCA Reply received Bank of Scotland
  
  Originally posted by Strepsi View Post
  Re: request for information section 77 - 79 Consumer Credit Act 1974
  
  Dear...
  
  I am in receipt of your correspondence in relation to the above account and have requested the required information.
  
  We will contact you to provide an update as soon as possible...
  Dated April 2017
  PRA Group
  Outstanding balance 1001.97
  Original Creditor B of S
  
  We are disappointed to see that you have failed to respond to our attempts to contact you regarding your outstanding debt.
  
  Our account managers will now start a full investigation into your personal circumstances which will include some of the following...
  
  We can only assist you if you get in touch with us. If we fail to hear from you within 14 days of the date of this letter, this will leave us no alternative but to consider what action would be appropriate to collect this debt in full.
  
  Letter received /06/2017 PRA GROUP
  
  I refer to your request for copy documentation regarding the above account.
  
  Please find enclosed documentation received to date; we are awaiting further documents inorder to complete your request. We have currently deemed this debt as unenforceable which means we are not able to take court of further enforcement action...
  
  Please be advised that this does not mean that your debt has been written off, despite being unenforceable, we are still legally entitled to:
  * Contact you and ask you to pay what you owe
  * Pass your details onto a third party collection agency.
• If we obtain information in the future we will of course provide this to you immediately.
• PRA GROUP 1/3/2017
  In order to comply with our obligations under the Consumer Credit Act 1974, we are providing you with this statement of your account - ..........
  
  Still no credit agreement?!
• 27th July 2018, 13:28Originally posted by Strepsi View Post
  
  SAR request sent as advised by Di.
• Received 27th July from Bank of Scotland.
  
  RE: Request for information under the Data Protection Act 1998
  
  I refer to your letter regarding the receipt of copy statements for the above account.
  
  After further investigation, it appears the account has been charged off in 08/ 2014. This refers to the account having fallen into arrears and the customer ceasing to make further payments towards clearing the outstanding balance.
  
  Unfortunately, due to the charged off block being placed on the account, no further statements are available after [09/2014.
  
  I appreciate you require a full compliment of statements but as far as our records allow, this is what you have received.
  I hope this meets with your requirements.
  Yours Faithfully
  Card Operations

21/9

Received letter from PRA Group

"Your account is being managed by our investigation and litigation department to look at your outstanding debt for possible litigation recovery."

I have received exact same letter dated April 2017, from that letter sent a cca request, they deemed the account to be unenforceable. Not really sure what to do now, can't CCA them again.





To add, I emailed Niddy last year he informed me he thinks it is enforceable (as I do to my untrained eye). The letter from PRA group state that until they receive other information it is unenforceable.


Last edited by Strepsi; 23rd September 2019, 13:02.

PRA GROUP lETTER
Received an LBC this morning from PRA Group. What is best course of action?

• 15th October 2019, 10:09

Originally posted by Diana Mayhew View Post
Hello [img]file:///C:/Users/Zoe/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/img]?

A couple of quick questions.

What date was the account assigned to PRA?

Was there a Default Notice (or any reference to a DN having been issued/served) in your SAR response from Bank of Scotland?

Di
No, all I received were copy of statements. The letter I received from B of S referenced my request for statement, although I used the SAR/GDPR from this site.

• 13th November 2019, 12:00

Originally posted by Strepsi View Post

To add, I emailed Niddy last year he informed me he thinks it is enforceable (as I do to my untrained eye). The letter from PRA group state that until they receive other information it is unenforceable.
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

• 23rd December 2019, 10:16

Originally posted by Strepsi View Post

@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...

[Joanna Connolly Solicitors]

That was quick

Email me the first page of the claim form to see what they are claiming and why they think they have the right to claim it.

Di

[Strepsi]

That was quick

Email me the first page of the claim form to see what they are claiming and why they think they have the right to claim it.

Di

Email sent...

[Joanna Connolly Solicitors]

Email sent...

. . . and received

Di

[Strepsi]

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.



[QUOTE=Strepsi;n1532024]
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).

[Joanna Connolly Solicitors]

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).

Can you email me the first two pages of that Letter of Claim from Lowell Solicitors so we can add it to the list of things already being discussed

Di

[Warwick65]

Can I just ask and it’s a question I’m sure Di will ask as well

Is this right
You sent a cca request to Tesco when they had the debt and received a reply which Niddy says is EN?

Since selling to Lowell you have not sent another CCA request to Lowell?

Remember there is a lot more to being able to enforce than just an agreement. Di and Jo will know the best move

[Strepsi]

Can you email me the first two pages of that Letter of Claim from Lowell Solicitors so we can add it to the list of things already being discussed

Di

Done

[Strepsi]

Can I just ask and it’s a question I’m sure Di will ask as well

Is this right
You sent a cca request to Tesco when they had the debt and received a reply which Niddy says is EN?

Since selling to Lowell you have not sent another CCA request to Lowell?

Remember there is a lot more to being able to enforce than just an agreement. Di and Jo will know the best move

Just needed to jog my memory, I sent a SWID to Lowell as they were threatening legal action. The initial CCA request was sent to Robinson Way.

[Strepsi]

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?

The information you receive has to include default notice, notice of assignment (sale of debt), credit agreement (terms)...?What else should they contain.

If the information received doesn't tick 'all' the boxes want impact does this have on the 'enforceability' of the debt?

[nightwatch]

The purchaser may not have the same info, this is why we ask you to send for a SAR, when a debt is sold on not all info is sold with it, so a purchaser may think they have a really easy debt to collecthen find they have bought a lemon.

[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

[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]

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