Start of my diary

[Strepsi]

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?

[Joanna Connolly Solicitors]

[QUOTE=Strepsi;n1513024]

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

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.

Yes it is

(We've spoken about this and the other two debts which Lowells have "lumped together" in one letter).

Now you can enjoy your holiday.

Di

[Strepsi]

3rd August 2018, 08:32
Originally posted by Strepsi View Post
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.

26th August
Letter received whilst away from Lowell - Balance £0

Dear Mr...

We have been unable to obtain the requested documents

Tesco Bank Credit Card have been unable to supply all the documenration required to fulfill your request under section 77/78 of the consumer credit act 1974.

What happens next?

As we have been unable to provide the requested documents we have decided not to pursue the outstanding money at this time. However, if Tesco Bank provide the requested documentation in the future, we may contact you again to request payment.

Your credit file

As we are required to record true and accurate information on your credit file, any default registered....

We have requested a refund of your £1.00 payment this will be returned to you within the next 30 days.

We trust this is satisfactory and clarifies the situation.

Yours sincerely
Sarah

What do you make of this letter?

[MisterK]

Excellent, just what you want. Keep the letter safe and do nothing. Well done!

You will probably not hear anything else, if you ever do then let the forum know..

[The Tech Clerk]

keep it safe - hope they never find it!

[Spud]

You just got the Golden Ticket........There is a good chance they wont be able to find the paperwork they need........Great stuff

[Strepsi]

I was hoping that was the case, quite a nice thing to open on return from my hols...didn't expect it!

Do you think they will end up selling it on?

[Warwick65]

Make sure you keep everything. Just in case

[Marly]

That’s a great letter to come back off hols to

[Joanna Connolly Solicitors]

What a great result, especially since this credit card account was opened in 2013 .

This debunks the myth that only accounts opened before April 2007 are likely to be unenforceable.

Well Done You.

Di

[Strepsi]

What a great result, especially since this credit card account was opened in 2013 .

This debunks the myth that only accounts opened before April 2007 are likely to be unenforceable.

Well Done You.

Di

Thanks for all the positive comments.

[Strepsi]

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.

[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.

[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]

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)