Start of my diary

[PlanB]

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."

Yes

Also have you ever sent a SAR to HSBC?

Don't do that just yet, but it helps to know if you know what they may know.

Di

[Strepsi]

Yes

Also have you ever sent a SAR to HSBC?

Don't do that just yet, but but helps to know if you know what they may know.

Di

I have never sent a SAR to HSBC.

[Strepsi]

Yes

Also have you ever sent a SAR to HSBC?

Don't do that just yet, but it helps to know if you know what they may know.

Di

Do you still have to pay £1.00 postal order, got it returned today along with compliment slip advising they aren't required.

[nightwatch]

I take it you mean the fee for a CCA? If so sending the fee makes it a formal request, if they choose to send it back that is their problem, keep the letter safe.

A SAR used to be £10, but the fee for that is no longer required.

NW

[PlanB]

Do you still have to pay £1.00 postal order, got it returned today along with compliment slip advising they aren't required.

Help me to help you

Was the £1 postal order returned to you by Arrow in response to your CCA Request to them which you may have copied to Drydens in response to their Letter of Claim for a HSBC Flexiloan?

Or have I misunderstood your situation (it happens when a member has lots going on with their debts)?

Who sent you that letter and what did it say e.g.something like "we don't have the documentation so have asked the original creditor for it" or words to that effect?

Or better still the letter said that the debt is unenforceable until they can comply (I can but dream just like Martin Luther King )

You are laying a paper trail so every letter/detail matters as potential evidence in case this ends up in legal proceedings. Let's hope not.

Di

[Strepsi]

Help me to help you

Was the £1 postal order returned to you by Arrow in response to your CCA Request to them which you may have copied to Drydens in response to their Letter of Claim for a HSBC Flexiloan?

Or have I misunderstood your situation (it happens when a member has lots going on with their debts)?

Who sent you that letter and what did it say e.g.something like "we don't have the documentation so have asked the original creditor for it" or words to that effect?

Or better still the letter said that the debt is unenforceable until they can comply (I can but dream just like Martin Luther King )

You are laying a paper trail so every letter/detail matters as potential evidence in case this ends up in legal proceedings. Let's hope not.

Di

It was sent from Arrow in response to CCA request.

[Strepsi]

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."

Updated...

Received two letters.

Dryden's...
"Your account has been placed on a temporary hold while we contact our client with details of your query. We will inform you of the outcome as soon as a response is received from our client..."

Second letter from.
Arrow...
First line states "Your account is unenforceable
Following the investigation into your query we regret to inform you that we have been unable to speak with Wescot to obtain the relevant documentation.

We acknowledge that until we can provide such documents, your account is unenforceable."

I think that is bit of a result...

[Warwick65]

Updated...

Received two letters.

Dryden's...
"Your account has been placed on a temporary hold while we contact our client with details of your query. We will inform you of the outcome as soon as a response is received from our client..."

Second letter from.
Arrow...
First line states "Your account is unenforceable
Following the investigation into your query we regret to inform you that we have been unable to speak with Wescot to obtain the relevant documentation.

We acknowledge that until we can provide such documents, your account is unenforceable."

I think that is bit of a result...

That is fabulous news. I would treat it as a win for now and long may their inability to provide documents continue. If nothing else, depending on when you last paid you are inching towards statute barred.

Keep that letter saying its UE

[PlanB]

Dryden's...
"Your account has been placed on a temporary hold while we contact our client with details of your query. We will inform you of the outcome as soon as a response is received from our client..."

Second letter from.
Arrow...
First line states "Your account is unenforceable
Following the investigation into your query we regret to inform you that we have been unable to speak with Wescot to obtain the relevant documentation.

We acknowledge that until we can provide such documents, your account is unenforceable."

I think that is bit of a result...

I think so too

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.

Today received LBC, going to reply next week. Will be ticking box B.

This one fascinates me...

Updated

[PlanB]

Today received LBC, going to reply next week. Will be ticking box B.

This one fascinates me...

Did you mean Box B (admitting you owe some of the debt but not all of it) or did you mean Box D (disputing the debt)?

Am I right in thinking Lowell haven't complied with your CCA Request?

Di

[Strepsi]

Did you mean Box B (admitting you owe some of the debt but not all of it) or did you mean Box D (disputing the debt)?

Am I right in thinking Lowell haven't complied with your CCA Request?

Di

Sorry Box D.

They have complied with the request.

[Warwick65]

I notice you say the sold dates differ- is that a case of not knowing who had the debt for a while or did two entities perhaps own if for a while? If there is a gap in the dates, well just where did it go, also on the SAR does it just say sold or does it say who it was sold to?

[Strepsi]

I notice you say the sold dates differ- is that a case of not knowing who had the debt for a while or did two entities perhaps own if for a while? If there is a gap in the dates, well just where did it go, also on the SAR does it just say sold or does it say who it was sold to?

There are loads of anomalies contained in the info received via my SAR.

I think date is an inputting error where they have taken the American version of where the month is placed.

However the sold date (Creation) and letter received from Lowell stating sold date does appear to be quite a few days different. Not sure of how much a big deal that would be.

[Warwick65]

Well you could ask who owned the debt in-between and therefore what about the assignments. If A owns in until 1st and B owns it from the 6th , A can not have sold it to B- do you see what I men?

Of course I suppose if the claimant was switched on or the judge not experienced in consumer credit who knows what explanations they might come up with.