Start of my diary

[Strepsi]

I'm guessing that Capquest never sent you the "further information"? This may/may not mean that Arrow has not complied with your CCA Request.

The decision you need to make is whether you want to respond/reply to the Letter of Claim stating you dispute the debt (tick Box D etc) to stall things and/or 'throw a cat among the pigeons' so they back off, or whether you want to ignore and 'tough it out' through litigation if they subsequently issue legal proceedings.

You have enough time to consider your options and/or whether sending a new/another CCA Request to Drydens Solicitors will help your situation.

I'll take a look back through the history of this debt to help you decide what your next step should be.

Di

I think at the moment I am considering ticking box D.

I think with the date (2006) and the fact they haven't really produced any information, it may buy me sometime. However I could be completely wrong.

I certainly am going to leave as close to their deadline as I can.

But look forward to receiving your thoughts.

On a side note, I appear to be getting more letter than I have for a while. Could this be because they know the clock is ticking?

Cheers

[Warwick65]

Hi

I must be honest and say I haven't read all 52 pages but :


I would reply sooner rather than later- I say this because I have had letters take a long time to arrive, certainly not the two days you would expect (it was my B/day last month and once card took a week first class to arrive ).

I would also tick box D and ask them for the agreement, Default notice, termination notice, notice of assignment and deed of assignment.

I see you sent a CCA request to Arrow way back in 2018- did Niddy ever say if it was UE or not? Is it Arrow who still own the debt ?

If the cca request was enforceable or you don't know, I think I would send a new one to Arrow with a copy for information to Dryden Fairfax

In answer to your other question about more letters than normal - it used to happen to me , almost in cycles, a bunch of letters then nothing then a few months later more letters. We have just entered the new tax year so that might have something to do with it- try not to worry

I hope all the above makes sense

I think if you leave it they will issue a claim but if you reply as above, it might stop them.

[Strepsi]

No need to read all 52 pages, Appreciate there are a great deal of pages, but then had a lot of debts...

23 November 2018, 12:09 1st November 2018, 13:53
Originally posted by Strepsi View Post
19th April 2017, 22:48Re: Start of my diary

Hsbc
Flexi loan /05/2006
4800

This one has always perplexed me, I have CCA'd Moorcroft but they returned my postal order as they were no longer dealing with it.

15th June 2016
Wescot is a specialist debt collection agency and we have been instructed by our client HSBC to make contact with you to discuss the outstanding balance on this account and the repayment options available based on your personal circumstances...

25th June 2016
Our enquiries have confirmed that you are resident at the address above but we have not yet had contact from you...

5th July 4
0% Reduced Settlement Offer
We have written to you on several occasions asking you to contact us about this account however to date we have not received a response. In an attempt to close this matter our client has agreed we can offer you a 40% discount to settle your account...
8th October 2018, 15:32Originally posted by Strepsi View Post

I have never sent a CCA request for this as, I aren't entirely sure what it would be classed as. It was a loan for a certain amount say £5000, you had to make a minimum payment each month (which was £200), we paid it off a few times but the facility was always there, so when needed we would use again.

This morning received letter from Capquest advising that they will instruct 'resolvecall' to reconnect, if we don't reply by the 20th of this month.

Cheers
it is known as a "revolving credit account", so as long as your CCA request asks for the agreement under s77-79 it is covered under that,

quote
"I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974)"

this is where Arrow make the mistake of thinking it is an overdraft so they don't send for the agreement, but try and get round it by telling you it is an overdraft so not covered by the CCA act,

Pop a request for one off to Capquest, with a short line at the bottom saying you do not give permission for anyone to call at your property , nothing of a personal matter will be discussed on your door step.
13th October
Received postal order from Arrow (Capquest), along with compliment slip advising that postal order's no longer required for CCA requests.
Letter received from Capquest today

thank you for your recent correspondence.

we write to confirm your request for your CCA has been forwarded and we await receipt of copy documentation from the originating creditor.

upon receipt of the relevant information, the same will be forwarded with immediate effect. We have returned your postal order under separate cover as there is no charge for your request.

your account will be on hold pending the documentation.
Capquest

Received a massive pack of statements and General Terms and Conditions (Current Account Terms and Saving Accounts).

Is there anything else that I should have received?

November 2018

Just received letter from Capquest

We're still dealing with your query

We're still looking into your query and waiting for HSBC for response. We're sorry for the delay and thank you for your patience.

We'll keep you updated and let you know when we've had a response.

Two things, I think I have received requested info and second I still have no idea what I need to be seeing or not seeing.

I have sent Niddy email a few weeks ago, not had a reply as yet. Appreciate he may get loads of email.

All assistance appreciated.
Last edited by Strepsi; 23 November 2018, 14:05.

[Warwick65]

OK so I have read the above and it seems slightly unsure as to the status of your CCA request

Therefore -
I would send the reply as I listed above
I would send a CCA request to whomever owns the debt ( I am assuming it is Arrow with cap quest collecting)
Let DF know you have sent a CCA request to the owners (that might confuse them and they might think you are asking them for it so make sure your letter says something like 'FOR INFORMATION ONLY-REQUEST SENT TO ARROW GLOBAL'

I am thinking you are approaching SB with many of your debts- is that right? The last year does seem to be a time when they will try it on if they think they have a chance or if they hope they can trick you into making a payment or acknowledgment

[Timewilltell]

I don’t know if this will calm your nerves, I have two accounts with Arrow and their beloved Drysden. Initially I heard nothing for quite a while, then Arrow informed me they’d passed it over to DF to manage. A few letters came asking for payment with threat of legal action. I then received a LBC letter which I then responded with a CCA request to Arrow copied to DF. DF then wrote to say account on hold. Few packages came with statements and account screenshots etc. Few days later DF were resuming legal action. So I wrote to DF informing them that their client had not fulfilled the CCA request but did not tell them which part. Again another raft of same paperwork. Replied to them thanking them for the paperwork but it does not fulfil the CCA request, they then completely disappeared off radar and haven’t heard from them in over a year now? That was for both accounts.
SB is nearing now so expecting a welcome letter from them anytime but am not worried, either way they loose.
What you do is your choice and maybe Di will have other wiser advice but whatever you choose to do, do not show fear as they prey on that.

[Strepsi]

I don’t know if this will calm your nerves, I have two accounts with Arrow and their beloved Drysden. Initially I heard nothing for quite a while, then Arrow informed me they’d passed it over to DF to manage. A few letters came asking for payment with threat of legal action. I then received a LBC letter which I then responded with a CCA request to Arrow copied to DF. DF then wrote to say account on hold. Few packages came with statements and account screenshots etc. Few days later DF were resuming legal action. So I wrote to DF informing them that their client had not fulfilled the CCA request but did not tell them which part. Again another raft of same paperwork. Replied to them thanking them for the paperwork but it does not fulfil the CCA request, they then completely disappeared off radar and haven’t heard from them in over a year now? That was for both accounts.
SB is nearing now so expecting a welcome letter from them anytime but am not worried, either way they loose.
What you do is your choice and maybe Di will have other wiser advice but whatever you choose to do, do not show fear as they prey on that.

Hi,

Fear went a long time ago, thanks to this forum and many lengthy conversations with Di.

I would need to double check some correspondance, as I sent CCA to Capquest. I don't think I sent one to Arrow, it is Arrow that own and Capquest are the chasers, would you think that COULD be correct. Sorry not asking for you to know that Arrow would be the owner of my debt, more that Capquest normally chase for Arrow? (Hope that make sense?)

[PlanB]

Fear went a long time ago, thanks to this forum and many lengthy conversations with Di.

All conversations with me tend to be lengthy

I expect my mobile provider regrets giving me unlimited inclusive calls.

It's important for members to feel they're being listened to (if they can get a word in!) not dictated to, since each and everyone has their own unique set of circumstances. What works for one may not work for another.

One more quick question before I suggest how you might wish to manage this situation - when did you last make a payment to anyone? I need to see where you stand with any Statute Barred potential. Looking back to the beginning of your thread this may have been in February 2016.

Di

[Strepsi]

All conversations with me tend to be lengthy

I expect my mobile provider regrets giving me unlimited inclusive calls.

It's important for members to feel they're being listened to (if they can get a word in!) not dictated to, since each and everyone has their own unique set of circumstances. What works for one may not work for another.

One more quick question before I suggest how you might wish to manage this situation - when did you last make a payment to anyone? I need to see where you stand with any Statute Barred potential. Looking back to the beginning of your thread this may have been in February 2016.

Di

Hi,

It was around about Feb 2016, this is when I discovered this forum.

I know that I didn't make any payment to anyone after this date, other than the IKEA one that we have spoken about.

[Strepsi]

Hi,

I haven't sent letter as yet, letter will be sent to both parties tomorrow.

The debt is due to SB'd next year, I cca'd in 2016 had a signature as proof of delivery, as yet they still haven't acknowledged that request.

Update.

The letter did the trick, Resolvecall have returned to client.

[PlanB]

Update.

The letter did the trick, Resolvecall have returned to client.

Sorted!

Thanks for sharing your good news

The AAD template letter works!

Di

[Strepsi]

• 8 October 2018, 12:22
  Originally posted by Warwick65 View Post
  Just to say, if you have sent it via RM signed for and they have not updated the website- in the past I have complained and received proof of delivery along with 6 first class stamps
  
  I am not in favour of sending a 2nd request unless it benefits you - for example after two of my debts had been sold I sent new CCA requests which they couldn't satisfy (thank you cabot) and there was another 3K sorted
  
  I know debt is hard work, I lost many many hours of sleep over it in the past but it does get easier and frankly what is the worst that can happen? They can not get blood out of a stone
  The other morning received a reply from Lowell advising that they have received my request for CCA. They are going to contact Creation, curious as what they will send me...as SAR was a little vague.

  ---

  
  
  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 £4900
  
  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 £4800
  
  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.
  
  5th September
  
  Prelegal Assessment Letter received from Lowell.
  
  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.
  
  Please call us by -/9/2018
  
  Best course of action?
  
  
  Bit of a query, I sent a CCA request 'signed for' on Friday of last week, at the moment when I check the post office track and trace it just states that it has been posted.
  
  Where does this leave me, Lowell wanted a reply from me this week otherwise they will commence with legal proceedings!
  
  
  Letter received from Lowell
  
  We refer to your recent request under section 77/78 of the consumer credit act 1974 for a copy of the documentation for this former Creation Financial Services Ltd Account. We have requested a copy of the documentation but have not received as yet.
  
  This account remains on hold while we wait...
  
  Judging what I saw from my SAR, will be interested what turns up!?
  Last edited by Strepsi; 12 November 2018, 14:12.

  ---

  
  Creation CC
  Amount £4250
  Account Opened -/12/2013
  Default April 2016 (Finally...)
  
  Creation /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 1/7/2016
  
  Your account detail have been passed to us by Creation Financial Services, outstanding balance £4700
  
  Moorcroft Debt 1/10/2016
  
  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 /3/2017
  I am disappointed to note that we have still not heard from you regarding payment of debt...
  
  Creation 1/10/2017
  We have been attempting to contact you for sometime to discuss this debt without success...
  
  Creation 2/10/2017
  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 /01/2018
  We are writing to notify you that Creation Financial Services Ltd sold your account to Lowell Portfolio I Ltd on /12/2017. The total balance sold was £4800
  
  Lowell Portfolio I Ltd 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 /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.
  
  5th September
  
  Prelegal Assessment Letter received from Lowell.
  
  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.
  
  Please call us by -/9/2018
  
  Best course of action?
  
  
  Bit of a query, I sent a CCA request 'signed for' on Friday of last week, at the moment when I check the post office track and trace it just states that it has been posted.
  
  Where does this leave me, Lowell wanted a reply from me this week otherwise they will commence with legal proceedings!
  
  
  Letter received from Lowell
  
  We refer to your recent request under section 77/78 of the consumer credit act 1974 for a copy of the documentation for this former Creation Financial Services Ltd Account. We have requested a copy of the documentation but have not received as yet.
  
  This account remains on hold while we wait...
  
  Judging what I saw from my SAR, will be interested what turns up!?
  Received information regarding my CCA request to Lowell.
  
  They have sent what appears to be a reconstituted agreement I will send to Niddy this week.
  
  When I received it, it made check other information I have received. Just want to get some thoughts whether what I noticed is important:
  
  The sold date on letter I received is different to the date on the printout (log) on my SAR.
  The defaults date do not match.
  The credit agreement start date is incorrect on statement on account.
  On the credit agreement from Creation it doesn't state a variable interest rate on information from Creation it does.
  
  It maybe meaningless, just was wondering 'how exact' their information needed to be.

UPDATED

Letter received last week.

Notice of Acting received from Overdale Solicitors...
"We are instructed to initiate legal proceedings against you unless you pay £amount...

They don't 'appear' to specify a deadline for my reply.

[Strepsi]

Type of Account: Natwest cc d
Date Commenced: 8/2013
Approx Balance: £4210
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): Cabot UK Ltd


Natwest /8/2013 4210

I am not convinced that I have CCA'd this one?!

June 2016
We have been unable to contact you or agree a suitable repayment plan therefore your account details have been passed to APEX Credit Management to act as collection agent and they will be dealing with your account.

December 2016 Wescot
Wescot is a specialist debt collection agency and we have been instructed by our client, Natwest UK Card Services to make contact with you to discuss the outstanding balance on this account and the repayment options available based on your personal circumstances..

January 2017
We have written to you on several occasions asking you to contact us about this account however to date we have not yet agreed a solution...
Last edited by Strepsi; 3 July 2017, 14:22.

**Updated 12/10/2020

Account finally assigned to a DCA June 2020 to Cabot UK Ltd. The letter states that they are the legal owners of the debt.

Since June several letters, but nothing as yet that is deemed threatening...

As it stands I still haven't CCA'd this account.

Updated
Nothing really happening, but received letter from Cabot advising that Resolvecall are going to call!! Think I need to send another letter....

[Strepsi]

Hi

I must be honest and say I haven't read all 52 pages but :


I would reply sooner rather than later- I say this because I have had letters take a long time to arrive, certainly not the two days you would expect (it was my B/day last month and once card took a week first class to arrive ).

I would also tick box D and ask them for the agreement, Default notice, termination notice, notice of assignment and deed of assignment.

I see you sent a CCA request to Arrow way back in 2018- did Niddy ever say if it was UE or not? Is it Arrow who still own the debt ?

If the cca request was enforceable or you don't know, I think I would send a new one to Arrow with a copy for information to Dryden Fairfax

In answer to your other question about more letters than normal - it used to happen to me , almost in cycles, a bunch of letters then nothing then a few months later more letters. We have just entered the new tax year so that might have something to do with it- try not to worry

I hope all the above makes sense

I think if you leave it they will issue a claim but if you reply as above, it might stop them.

Sending my form back today, I have been advised in the past by Di to write something when ticking box D, could someone expand on this. I seem to remember the sentence being intentionally 'vague'. Something on the lines "I dispute the debt because..."?

Cheers

[PlanB]

Sending my form back today, I have been advised in the past by Di to write something when ticking box D, could someone expand on this. I seem to remember the sentence being intentionally 'vague'. Something on the lines "I dispute the debt because..."?

Hello

Just checking this is your HSBC Flexiloan from 2008 now owned by Arrow (is that correct?). You sent a CCA Request which has not been complied with so you could tick Box D to say you dispute the debt due to non compliance with your CCA Request - no need to say when it was sent or to whom it was sent (Capquest?).

You can then add a list of other documents you require in Box I

Di

[Strepsi]

Hello

Just checking this is your HSBC Flexiloan from 2008 now owned by Arrow (is that correct?). You sent a CCA Request which has not been complied with so you could tick Box D to say you dispute the debt due to non compliance with your CCA Request - no need to say when it was sent or to whom it was sent (Capquest?).

You can then add a list of other documents you require in Box I

Di

Hi,

It is in fact from 2006. I sent CCA to Capquest and not to Arrow.

So box I would be similar to what Warwick mentioned... "I would also tick box D and ask them for the agreement, Default notice, termination notice, notice of assignment and deed of assignment."