Start of my diary

[Strepsi]

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 >





Di

Thanks for the prompt...had so much going on with PRA and upcoming Tesco claim.

I did CCA Santander but they returned it as their was no payee on postal order. I have no put a payee on before.

So as yet no CCA has been completed.

[The Tech Clerk]

Did you send it Recorded Delivery
?

[Strepsi]

Did you send it Recorded Delivery
?

Sent it recorded delivery, but they sent a letter and postal order advising they couldn't process as their was no payee on postal order.

[MisterK]

They are just being difficult, it's quite normal for the recipient to fill in the payee line if necessary.

Perhaps they are hoping you will be put off and not send it back to them - which is obviously what you should do even if it means paying the postage again.

[Roger]

Sent it recorded delivery, but they sent a letter and postal order advising they couldn't process as their was no payee on postal order.

WHICH LETTER MEANS THEY RECIEVED YOUR LETTER PLUS £1. The CCA as far as I am aware doesn't specify how the £1 should be paid other than sent with the request. I wouldn't be playing ping pong over a PO that they could easily fill in!!
The law says UN until they fulfil that CCA request !!

[Joanna Connolly Solicitors]

Sent it recorded delivery, but they sent a letter and postal order advising they couldn't process as their was no payee on postal order.

Since you want to avoid legal proceedings due to the size of the outstanding sum, I see no harm in either:

(a) resend a s78 CCA Request with the postal order made out to Santander and copy it to DrydensFairfax since the firm won't know you've previously sent a CCA Request which was returned.

or

(b) send DrydensFairfax the AAD forum template known as SWID.

Once solicitors get as far as a Letter of Claim chances are they will issue no matter what, which you are hoping to avoid.

You choose

Di

[Joanna Connolly Solicitors]

They are just being difficult, it's quite normal for the recipient to fill in the payee line if necessary.

Perhaps they are hoping you will be put off and not send it back to them - which is obviously what you should do even if it means paying the postage again.

That's what I would suggest too, since the OP wants to avoid legal proceedings at this moment in time because they don't know whether the credit agreement is compliant or even exists.

Sometimes it makes sense to know where you stand legally-speaking before taking a stubborn stance.

Di

[MisterK]

Absolutely.

If a creditor doesn't want to receive your CCA request then think of it as a red rag to a bull - where you are the bull. Maybe they've got something to hide. Definitely press on with that one.

On the other hand if they've signed for it, cashed a cheque etc and then they choose not to respond, then that's no problem for you at all.

But they cannot be allowed to turn down a CCA request however they choose to do it.

[Strepsi]

Since you want to avoid legal proceedings due to the size of the outstanding sum, I see no harm in either:

(a) resend a s78 CCA Request with the postal order made out to Santander and copy it to DrydensFairfax since the firm won't know you've previously sent a CCA Request which was returned.

or

(b) send DrydensFairfax the AAD forum template known as SWID.

Once solicitors get as far as a Letter of Claim chances are they will issue no matter what, which you are hoping to avoid.

You choose

Di

To update,

I have sent a CCA (not SWID) to Drydens today, enclosed a postal order with payee of Santander.

[Still Waving]

Why didn't you follow Di's advice? It was a) or b).

[Strepsi]

[QUOTE=Strepsi;n1532950]
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.

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).

updated

Letter from Northampton, spoke with Di earlier. Like been wrapped in a comfort blanket!!

[Joanna Connolly Solicitors]

[QUOTE=Strepsi;n1533597]

the credit agreement Tesco sent you for your wife's account was "signed" by you.


updated

Letter from Northampton, spoke with Di earlier. Like been wrapped in a comfort blanket!!

That wasn't a letter - it was a county court claim.

I like your analogy (my being like a warm comfort blanket)

Di

[nightwatch]

[QUOTE=Diana Mayhew;n1533610]

I like your analogy (my being like a warm comfort blanket)

Di

I'm a mug of nettle tea

[Strepsi]

To update,

I have sent a CCA (not SWID) to Drydens today, enclosed a postal order with payee of Santander.

Updated CCA sent to Dryden's.

This morning received my SAR from Santander as requested to Santander.

Information contained all my accounts I have with them.

Specific to this debt. Included is default notice, my signed credit agreement, there are no terms.

On the log you can see the default.

Not really sure what else I should be seeing.

The cover letter read as follows
"Further to your recent request... historical information can only be retained if there is legitimate reason for doing so. Therefore, some of the original account records may have been destroyed in line with our retention policy" (Can they do this?)

[Joanna Connolly Solicitors]

received my SAR from Santander as requested to Santander.

The cover letter read as follows
"Further to your recent request... historical information can only be retained if there is legitimate reason for doing so. Therefore, some of the original account records may have been destroyed in line with our retention policy" (Can they do this?)

I do hope so

Because it they have destroyed some of your original account records, then any subsequent debt purchaser won't be able to get hold of them either.

Every cloud has a silver lining.

Di