Start of my diary

[Strepsi]

29th August 2019, 12:41
Originally posted by Strepsi View Post
Car HP Agreement - Barclays Partner Finance.

Two and half a year we terminated our agreement and got collected off the drive our car.

The only documentation I/we received was a receipt that I can recall.

Anyway about a week ago, we received a letter from Barclays Partner Finance apologising but the follow information which indicated we owed £1000 after varying deduction Inc wear and tear.

This letter came two years after car was collected and come as a shock that we still owe that amount was owed.

I think we felt, that as the car was collected and we hadn't received any subsequent correspondence that this was all settled.

Not really sure what to do, should they have sent this information out to us earlier...?

Is there a breakdown of how Barclays have calculated the £1,000?

Di


Yes there is

21st October.

Received two letters, one from Barclays Partner Finance, the other from Hoist Finance UK Holdings 1 Ltd. Advising that debt has been assigned.

In amongst a lot of information there is a nice little sentence, it reads;
'We chose Hoist Finance UK Holdings 1 Ltd after thorough vetting and selection process...'

[Strepsi]

Was this a joint current account?

If so then maybe Intrum have become aware of the Appeal we (Joanna Connolly Solicitors) won in court last week which confirmed that s 78 CCA does apply to overdrafts.

Read Jo's post >




(Or was it a joint loan?)


Di

Received letter over the weekend, informing us that they will write off 80% of our balance...the outstanding balance will show zero on credit file, and you will not be pursued for the remainder of the balance by intrum or any other third party.

I know there is a problem with Intrum, also this account is in joint names, but they always send documents in wife's name only and as yet still haven't properly dealt with my CCA. My wife is tempted to accept the offer, but me not so sure.

Any advice would be appreciated.

[The Tech Clerk]

do not offer anything unless advised they are not entitled to anything until they get their ducks in order

[Joanna Connolly Solicitors]

Received letter over the weekend, informing us that they will write off 80% of our balance...the outstanding balance will show zero on credit file, and you will not be pursued for the remainder of the balance by intrum or any other third party.

I know there is a problem with Intrum, also this account is in joint names, but they always send documents in wife's name only and as yet still haven't properly dealt with my CCA. My wife is tempted to accept the offer, but me not so sure.

This is the debt you referred to in post #570 I presume, where they offered you a 70% discount and would mark the account partially settled in April.

From what you say this new offer is an improvement, but I can't see the history on you thread to know how close you are to Statute Barred etc.

The current balance is £900?

And is there an 'expiry date' on the offer?

Di

[Strepsi]

This is the debt you referred to in post #570 I presume, where they offered you a 70% discount and would mark the account partially settled in April.

From what you say this new offer is an improvement, but I can't see the history on you thread to know how close you are to Statute Barred etc.

The current balance is £900?

And is there an 'expiry date' on the offer?

Di

You can some of the history here #456

Hi Di,

Because I have so many credit card debt, think we literally got a card from everywhere..., I think it has made my thread a bit of a monster. I can only apologise for anyone who is trying to piece together my history!!

A brief over view on this account, however.

This account was in joint names (current account), but the notice of assignment only mentioned my wife, all correspondence has been addressed to my wife, only. We have never received a threatening letter from Intrum only offer letters.

We still haven't received an agreement only statements and terms/conditions (the type of which you can pick up from a display in branch).

All of our debt should become Statute Barred in March 2022 (approximately).

The current balance is circa £900, we have until the end of November to accept the offer.

The thing is, when I we got into this mess, I hoped that at some point I would be able to make F and F offers in the hope that we may get some of our debt wiped away. So to get 80% off that is what we would have dreamt of, but when you get into the process and realise that some DCA's aren't allowed to collect, you then begrudge paying it.

Hope that all makes sense.

[Warwick65]

Deciding on if you should accept a full and final is a very personal thing. For some people it is the right thing to do, for others it really is not. Just some things to think about
You could pay 20% and get rid of that debt - it would show settled, all sounds very good BUT other creditors may see you have settled a debt and think you have money to spare - I'm not saying they will, just something to think about.

Someone elsewhere always claims if they make an offer (of any form) then they don't have a leg to stand on and know it- I do not agree with that (If you buy a debt for 5% and very quickly get it paid at 20% you have made a fast 15% with little outlay). I had a large (15K) debt with a debt purchaser that on the face of it looked totally enforceable but they kept offering me large discounts. I did not pay and now it is SB

I can not tell you what to do - that is up to you , I am just trying to give you some things to think about. The thing is, if it is UE or the debt purchaser is unlicensed, would you kick yourselves for paying it or would it be £180 well invested in peace of mind?

[Strepsi]

20th September 2018, 10:26

Originally posted by Strepsi View Post
17th September 2018, 12:58
Originally posted by Strepsi View Post
HSBC £950
June /2007
Joint Current Account - Overdraft

So apologies, if a little vague at the outset. I am getting better believe or not at record keeping. I have previously CCA'd this to Moorcroft in October 2016, who advised they are no longer dealing with account (however, I now know that I would have sent the incorrect template anyway).

Since then...

Dear Mrs

I am writing to inform you that the above account has been sold by HSBC to 1st Credit (Finance Ltd) on the ?/10/2016.
I confirm that the amount outstanding on your account at the time was £. 1st Credit (Finance Ltd) have appointed 1st Credit Limited as their servicing agent to manage your account on their behalf.[/COLOR]

they go on to confirm that 1st Credit (Finance) is now the owner of the account.

Don't appear to have a hello letter from 1st Credit

I received loads of get in contact, offer letters, settlement discounts...then.

March 2018
"1st Credit is now Intrum""

Dear Mrs
From 1st March 2018 our new name "Intrum" will be used in all aspects of our relationship with you regarding your account. We're taking care of everything and so there is no need to do anything.

April 2018
Account Assignment - "We are here to help" - (yeah right!!)
Dear Mrs

We would like to take this opportunity to introduce Intrum UK Finance Ltd (formerly 1st Credit (Finance Ltd) as the legal owner of the outstanding debt £, following the assignment from HSBC Bank in October 2016.

[I]There has been other letters, all of which have been asking for the wife to contact. It maybe a minor point but shouldn't all the correspondence be addressed to both of us as it is a joint account.

It's not a minor point

Intrum should be writing to each of you separately if this is a joint account.

The fact that they're not might suggest that when HSBC assigned the debt you (Mr) got left behind which could be a good thing if they try to enforce this debt.

Whatever happens don't tell them!

Was the Notice of Assignment in your wife's name only?

Di


Notice of Assignment from HSBC to 1st Credit was in wife's name only, from 1st Credit to Intrum was also in wife's name. I have never received any communication in my name other than when HSBC informed us that Wescott were going to be chasing back in 2016.

No notice of Assignment in my name.



Intrum - Letter Received

Dear Mrs

We are aware that you have raised a dispute/query on the above account.

What happens next

We will contact the original creditor in order to request information they hold in relation to a dispute in relation to this account. It may take several weeks for them to gather this information.

We will suspend collections activity on this account whilst we endeavour to obtain these documents.

What you can do

Please send us any information you have in relation to your dispute/query...

So I just wait...

5th November (Updated Thread)

REALLY DON'T WANT THIS TO GET MESSY!?


I don't think I am going to accept the offer, at least at the moment. I have just double checked information that I received last year, am I correct in assuming that I should see signatures somewhere (this is a current account).

I received this letter December 2018

Dear Mrs (no Mr)

we are writing in response to your query with the original creditor. we apologise for the delay in responding.

Our understanding of your query is as follows:
You requested documents relating to the above account and also made reference to your 'agreed overdraft' reverting to an unauthorised overdraft'.


All they have sent as mentioned are statements from October 2013 to end of 2014, when account was closed and just generic terms and conditions.

Since last year all I have received are offer letters....

[Strepsi]

Deciding on if you should accept a full and final is a very personal thing. For some people it is the right thing to do, for others it really is not. Just some things to think about
You could pay 20% and get rid of that debt - it would show settled, all sounds very good BUT other creditors may see you have settled a debt and think you have money to spare - I'm not saying they will, just something to think about.

Someone elsewhere always claims if they make an offer (of any form) then they don't have a leg to stand on and know it- I do not agree with that (If you buy a debt for 5% and very quickly get it paid at 20% you have made a fast 15% with little outlay). I had a large (15K) debt with a debt purchaser that on the face of it looked totally enforceable but they kept offering me large discounts. I did not pay and now it is SB

I can not tell you what to do - that is up to you , I am just trying to give you some things to think about. The thing is, if it is UE or the debt purchaser is unlicensed, would you kick yourselves for paying it or would it be £180 well invested in peace of mind?

Hi Warwick,

Thanks for your input.

I don't think I will accept the offer, it just doesn't seem right to do so.

Cheers

[Strepsi]

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.

[MisterK]

Hi Warwick

Just wanted to clear up any possible misunderstanding re what you said on this thread post no. 606 about a debt purchaser making a quick 15%. They would actually make far more than that in the scenario you mention.

I know what you mean with the 15% but it doesn't quite convey the full horror of what happens here.

So if a debt purchaser buys a debt at 5% (say £500 for a £10,000 debt) and then sells it at 20% (which would be £2,000) then the debt purchaser has made a profit of 300% (not 15%).

If the debt purchaser managed to sting the victim for the full amount of £10,000, then the profit would be a staggering 1,900%. They would get back 20 times more than they paid. Unbelievable. Almost as bad as the payday loan outfits.

Apologies to Strepsi for crashing in on the thread but thought this might be helpful in getting a proper handle on what really happens. Good luck with the LBC etc., that's the important thing on this thread.

Also to Warwick, not meaning to correct you in any way because I did know exactly what you meant, this is just to shine a spotlight on what some of these people manage to get away with.

[Strepsi]

[QUOTE=Strepsi;n1519852]

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"

.
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.

[Joanna Connolly Solicitors]

[QUOTE=Strepsi;n1531991]

.
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.

Is the history of this debt on your thread?

Maybe quote the post number so suggestions can be made on your next step.

Di

[Strepsi]

4th January 2019, 11:24
[QUOTE=Strepsi;n1513024]
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.

[Joanna Connolly Solicitors]

I've only taken a quick look back through your post, but it seems the credit agreement Tesco sent you was deemed enforceable by Niddy.

However things have changed since then because the debt has been assigned to Lowell who may not have access to the same documents.

If Lowell send you a Letter of Claim then post on here for suggestions, but I see no need to reply to that letter from Lowell.

You could send a SAR to Tesco to see what data they hold. The Transaction Log may note any exchange or emails between them (Tesco) and Lowell which could be illuminating

Di

[Joanna Connolly Solicitors]

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.

So did PRA update you within 30 days of your response to their Letter of Claim in November as promised?

(I couldn't see the history of this BOS debt in post #590.)

Di