Start of my diary

[PlanB]

They have complied with the request.

Was that Niddy's opinion ?

They'll have other things they need to comply with so don't lose heart yet.

Di

[Strepsi]

Was that Niddy's opinion ?

They'll have other things they need to comply with so don't lose heart yet.

Di

I aren't sure whether I have sent CCA to Niddy.

The default notices are very odd looking, compared to the default that we have. The SAR came direct from Creation

[PlanB]

I aren't sure whether I have sent CCA to Niddy.

Then maybe you should send it to Niddy to help you to know where you stand?

Lowell and other debt purchasers often send responses to a CCA Request with a covering letter which says "we now consider the debt to be enforceable".

A Judge may 'consider' things differently

In my Santander v Diana Mayhew case the DJ ruled that they had satisfied s78 CCA because they had sent me 'something', but that 'something' didn't satisfy other legal arguments > https://www.bailii.org/ew/cases/Misc/2012/14.html

Di

[Strepsi]

Then maybe you should send it to Niddy to help you to know where you stand?

Lowell and other debt purchasers often send responses to a CCA Request with a covering letter which says "we now consider the debt to be enforceable".

A Judge may 'consider' things differently

In my Santander v Diana Mayhew case the DJ ruled that they had satisfied s78 CCA because they had sent me 'something', but that 'something' didn't satisfy other legal arguments > https://www.bailii.org/ew/cases/Misc/2012/14.html

Di

Sent you email Di.

[The Tech Clerk]

send copy CCA to:- webmaster@all-about-debt.co.uk refer to this thread

[Strepsi]

send copy CCA to:- webmaster@all-about-debt.co.uk refer to this thread

Sent now, Cheers.

[Strepsi]

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

This one fascinates me...

Updated

Just been advised from Niddy that the agreement is Unenforceable. Which is good news.

Also regarding the SAR that I received from Creation, will Lowell possess the same documents for example, Default Notice. I understand sometimes they don't get given all the information when they purchase a debt (or something like that).

The reason for the question as the supporting documents that I got from SAR don't have any accurate information for example no amounts, incorrect name and date on all documents (Default etc).

[Warwick65]

Why box B ? That admits some of the claim. I would be ticking D

[Strepsi]

Why box B ? That admits some of the claim. I would be ticking D

Box B was written in error, I believe I corrected this in my reply to Di.

[Warwick65]

That’s good. I as just checking, didn’t want you receiving a CCJ by mistake. I see now you did correct it after Di made the same comment.

[Strepsi]

Originally posted by Strepsi View Post

• 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.



Updated.

Letter sent recorded delivery. I have it a signature stating that they have received it the very beginning of this month.

As yet still had no reply. Just generally, would they still be able to raise a claim if they don't reply to Box D?

[PlanB]

Updated.

Letter sent recorded delivery. I have it a signature stating that they have received it the very beginning of this month.

As yet still had no reply. Just generally, would they still be able to raise a claim if they don't reply to Box D?

The important thing is you have 'put them on notice' that you dispute the debt.

I don't know whether you said why you dispute it (such as non compliance with your CCA Request) or whether you asked for any documents in Box I.

I don't think they're obliged to reply to your reply to them. However if they've read your reply they may start to take a look back at the history and any documents they hold. If they don't have what you asked for (if you did ask) then they will probably need to ask the original creditor for them, which all takes time.

Can you remind me when this debt is due to become Statute Barred because I can't easily find that in your post (sorry) but isn't that date possibly soon?

Di

[Strepsi]

The important thing is you have 'put them on notice' that you dispute the debt.

I don't know whether you said why you dispute it (such as non compliance with your CCA Request) or whether you asked for any documents in Box I.

I don't think they're obliged to reply to your reply to them. However if they've read your reply they may start to take a look back at the history and any documents they hold. If they don't have what you asked for (if you did ask) then they will probably need to ask the original creditor for them, which all takes time.

Can you remind me when this debt is due to become Statute Barred because I can't easily find that in your post (sorry) but isn't that date possibly soon?

Di

Funnily enough received correspondance earlier...

Letter received stating the last payment made was end of January 2016 (which is very helpful).

They have requested Copy of Agreement (which Niddy thinks is UE), Copy of Notice of Assignment and a Copy of Default Notice. (I think it will be interesting to see what I receive back - information received via GDPR (SAR), is a little odd looking).

They go on to say
"Please be advised, there is no legal requirement for assignment of debt to be in the form of Deed. In most cases this is done by simple contract (debt sale agreement)....The notice of assignment was sent to you which discharges our obligation."

At this moment in time they have suspended activity on the account.

The date of January 2016 is a significant date as it ties in with SB's (I believe).

[PlanB]

Letter received stating the last payment made was end of January 2016 (which is very helpful).

. . . . At this moment in time they have suspended activity on the account.

The date of January 2016 is a significant date as it ties in with SB's (I believe).

That suggests the debt could be SB in seven months time, depending on the Default date.

It's good that they have suspended activity on the account but there's no knowing how long that will last, you'll just have to hold your breath.

Let's hope you make it to SB, although even if you don't you've been told by Niddy that the credit agreement is currently unenforceable.

Fingers crossed for you

Di

[Strepsi]

That suggests the debt could be SB in seven months time, depending on the Default date.

It's good that they have suspended activity on the account but there's no knowing how long that will last, you'll just have to hold your breath.

Let's hope you make it to SB, although even if you don't you've been told by Niddy that the credit agreement is currently unenforceable.

Fingers crossed for you

Di

Sadly as I check on my file this defaulted back end of 2016. May have taken them just over two years to issue default.