Start of my diary

[Warwick65]

I still feel with the Lowell one , as they are not doing anything active at the moment , leaving well alone is the best option. If you send a SWID letter - which as I have said is not strictly true - your dispute is they haven't complied with the CCA request as opposed to the validity of the debt- Lowell may just cobble together a recon which would satisfy the CCA request.

[Roger]

I still feel with the Lowell one , as they are not doing anything active at the moment , leaving well alone is the best option. If you send a SWID letter - which as I have said is not strictly true - your dispute is they haven't complied with the CCA request as opposed to the validity of the debt- Lowell may just cobble together a recon which would satisfy the CCA request.

Well AAD have been using the SWID for some time.
Simply put how can he advise Lowell that this is UE as suggested by Di (who is very busy) when the reason is because the OC was unable to find CCA ?
Lowell could cobble together a recon in any event even without a SWID and then proceed to issue a claim.
I mean there is no point in overthinking this is there else he ends up going round in circles doesn't he?

There is a mixture of views in the Diaries about sending the SWID early or late. The thinking is if you overly delay sending the SWID. Then in the event the DCA could rightly dispute why has it taken xx months to raise this.
Recons well now in this Case with a OC letter that says can't find the CCA. Any later recon would require evidence (certified or in cross examination) from a OC staff who knew and knows the correct forms T&C etc.. The DCA wouldn't know would they?

No point in over thinking this, because we risk making AAD impotent!

[Strepsi]

Can you email data subject access request?

[The Tech Clerk]

I have recently but had to supply 2 x forms of identification, different companies may differ?

[Strepsi]

30th July 2018, 08:23
I have recently but had to supply 2 x forms of identification, different companies may differ?

So, if the company has a stand alone email address and not just a contact form this is do able as you can attach id as attachment.

[The Tech Clerk]

as I did but others may say in writing ?

[Strepsi]

23rd July 2018, 23:31
Type of Account: Tesco cc D
Date Commenced: 18/7/2013
Approx Balance: £4400
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): Lowell Portfolio I

Tesco Bank 9th January 2018

We refer to your Tesco Card...was held at most recent address. We have decided to transfer (assign) to Lowell Portfolio I....

Lowell Portfolio I
We are Lowell Portfolio I ...this letter is intended to give you formal notice that your outstanding balance with Tesco Bank was assigned and sold to Lowell Portfolio I in November 2017.

I cannot remember whether I ever CCA'd this account. Since this notification, I haven't received any letter relating to this, when hasn't been grouped with other accounts.

Ok, it appears that I have CCA'd this, received a letter from Robinson Way date May 2017

We write to confirm that we have noted the dispute/query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. in the meantime we will stop all collection activity on this account.


I guess I will need to SAR this as it appears to have gone, to AIC, Robinson Way and now to Lowell. I did do a CCA request in September 2016 to AIC, requested signed for just input reference no. into track and trace, giving me a error message, guess it is going back too far!


Last edited by Strepsi; 30th July 2018, 23:30

[Roger]

Error message?
Yes had the same experience recently.
However worked a treat later on.
CCA Sept 2016? OK so you have a receipt from Post Office for Recorded Delivery, and hopefully Postal Order (all important Number).
In some cases Post Office doesn't get a signature as we have all experienced.
You have proof of postage and correct address etc.. In Law they have had that request.
Send a SWID in this Case. Here > https://www.all-about-debt.co.uk/for...%20Dispute.doc

[Still Waving]

What is the recent correspondence on this one? The last date given in your post is Jan 2018.

[Strepsi]

31st July 2018, 11:35
What is the recent correspondence on this one? The last date given in your post is Jan 2018

The latest correspondence, is the post lumping 3 debts on the same letter from Lowell.

[Strepsi]

31st July 2018, 11:52
31st July 2018, 11:35
What is the recent correspondence on this one? The last date given in your post is Jan 2018

The latest correspondence, is the post lumping 3 debts on the same letter from Lowell

#378

[Strepsi]

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: 17/10/2013
Approx Balance: £4315
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.

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.

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?

[Strepsi]

[QUOTE=Strepsi;n1512993]
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: 16/10/2013
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.

[Strepsi]

23rd July 2018, 23:31
Type of Account: Tesco cc D
Date Commenced: 18/7/2013
Approx Balance: £4400
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): Lowell Portfolio I

Tesco Bank 9th January 2018

We refer to your Tesco Card...was held at most recent address. We have decided to transfer (assign) to Lowell Portfolio I....

Lowell Portfolio I
We are Lowell Portfolio I ...this letter is intended to give you formal notice that your outstanding balance with Tesco Bank was assigned and sold to Lowell Portfolio I in November 2017.

I cannot remember whether I ever CCA'd this account. Since this notification, I haven't received any letter relating to this, when hasn't been grouped with other accounts.

Ok, it appears that I have CCA'd this, received a letter from Robinson Way date May 2017

We write to confirm that we have noted the dispute/query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. in the meantime we will stop all collection activity on this account.


I guess I will need to SAR this as it appears to have gone, to AIC, Robinson Way and now to Lowell. I did do a CCA request in September 2016 to AIC, requested signed for just input reference no. into track and trace, giving me a error message, guess it is going back too far!


Last edited by Strepsi; 30th July 2018, 23:30

23rd July 2018, 23:31
Type of Account: Tesco cc D
Date Commenced: 18/7/2013
Approx Balance: £4400
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): Lowell Portfolio I

Tesco Bank 9th January 2018

We refer to your Tesco Card...was held at most recent address. We have decided to transfer (assign) to Lowell Portfolio I....

Lowell Portfolio I
We are Lowell Portfolio I ...this letter is intended to give you formal notice that your outstanding balance with Tesco Bank was assigned and sold to Lowell Portfolio I in November 2017.

I cannot remember whether I ever CCA'd this account. Since this notification, I haven't received any letter relating to this, when hasn't been grouped with other accounts.

Ok, it appears that I have CCA'd this, received a letter from Robinson Way date May 2017

We write to confirm that we have noted the dispute/query that you have raised.

We will make the necessary enquiries and let you know the outcome in due course. in the meantime we will stop all collection activity on this account.


I guess I will need to SAR this as it appears to have gone, to AIC, Robinson Way and now to Lowell. I did do a CCA request in September 2016 to AIC, requested signed for just input reference no. into track and trace, giving me a error message, guess it is going back too far!

3rd August
I have sent swid letter, panicking as going on holiday for two weeks, next week. Hopefully the correct action to take

[MisterK]

Hi Strepsi

As you are soon off on holiday you probably want to have some re-assurance so I thought I'd add my take on these two accounts for what it's worth... Hopefully someone else will also be along to re-assure you soon.

Regarding the Tesco CC - Wife account I think that sending a SWID is probably what I'd do in those exact same circumstances. That should produce a response which will give you more time and certainly more time than your holiday will last.

As for the Tesco CC D account then if the last thing you heard is that they will stop all collection activity and write to you again in due course then you don't need to do anything. If they write when you are on holiday then nothing can possibly happen which will require a response from you in less than two weeks. Sending a SWID was probably not necessary but won't do any harm so I wouldn't worry about it. If you've got no evidence at all of having sent the earlier CCA request (no response from whoever you sent it to, no PO number, no cheque number, no Royal Mail receipt of sending or delivery) then you might need to send another CCA request at some stage along the way.

If it were me I'd be sure to send not only all CCA requests but also SWID notices by RD and preferably print off a copy (or copy to file) of the Royal Mail signature receipts from the website. I don't know how long these stay up on the website but if you do it straight away then you'll know it's done. That way, although it may not be turn about to be necessary in the end, at least you will be able to put your mind at rest as you'll have the evidence of what you've done.

Have a good holiday.