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  • Originally posted by Strepsi View Post

    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
    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


      • 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...

      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?!



      Comment


      • 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
        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


        • Originally posted by Diana Mayhew View Post
          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...

          Comment


          • Originally posted by Strepsi View Post

            Email sent...
            . . . and received

            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



            • 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).

              Comment


              • Originally posted by Strepsi View Post

                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
                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


                • 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

                  Comment


                  • Originally posted by Diana Mayhew View Post


                    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

                    Comment


                    • Originally posted by Warwick65 View Post
                      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.
                      Last edited by Strepsi; 30th January 2020, 20:02.

                      Comment


                      • 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?

                        Comment


                        • 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.
                          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 Strepsi View Post
                            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

                            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

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