Start of my diary

[Strepsi]

May I just check when you last paid anything towards this debt in case you're getting close to Statute Barred which might dictate the way you manage the next step, and when?

Di

Hi,

The last payment I made to this account want February 2016.

[PlanB]

Just received letter from Arrow advising transfer to Dryden's, I await the letter from them.

I have never CCA'd Arrow only Capquest.

May I just check when you last paid anything towards this debt in case you're getting close to Statute Barred which might dictate the way you manage the next step, and when?

Di

[Strepsi]

1st November 2018, 14:04

Originally posted by Strepsi View Post

• 19th April 2017, 23:00Re: Start of my diary
  
  Hsbc 1998
• Amount 1831
• Overdraft Current Account
  
  10th June 2016 HSBC
  Please be advised that your account is today being referred to Wescot Credit Services Ltd who will be contacting you within the next 14 days...
  
  15th June 2016 Wescot
  Wescot is a specialist debt collection agency...
  
  25th June 2016
  Our enquiries have confirmed you are resident...
  
  5th July 2016 40% Reduced Settlement Offer
  We have written to you on several occasions asking you to contact us...
  
  Date updated 5th May 2017
  Really don't want to be vague, but received exactly same letters, same fornats and wording other than amount and account details.
  
  From same entities HSBC, Arrow Global and Capquest.

Letter received from Capquest today

thank you for your recent correspondence.

we write to confirm your request 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.

your account will be on hold pending the documentation.


*no postal order returned on this request....



Received from Capquest earlier

Big pack of statements, general terms and condition and one letter dated June 2013 from HSBC regarding overdraft


Dear Mr

Account type: Bank Account

this letter contain important information relating to your overdraft.

we have carried out a review of your od facility. this provides you with the opportunity to consider whether your od facility is still appropriate to your borrowing requirements....


Don't know what I should be looking out for?

Just received letter from Arrow advising transfer to Dryden's, I await the letter from them.

I have never CCA'd Arrow only Capquest.

[PlanB]

Hi Di,

I was frightened beyond words before I found this forum, in fact I could probably say my/our situation was making me very poorly (like many others, I am sure).

But as time as gone on, with the help of you and many others who have been part of this journey I have been able cope much better.

It's been a privilege to be able to help you to deal with your situation.

Almost all members of this forum have had personal experience of debt and the bullying by debt purchasers and their solicitors which goes hand in hand with it.

Been there, done that

As I keep saying, unenforceability it's a legal argument not a moral argument.

Take care of yourself

Di

[Strepsi]

This may be "unfortunate" for Overdales solicitors and their client (Lowell), but it's fortunate for you

Pity they didn't think of that before they tried to frighten you into paying them by sending a Letter of Claim threatening legal proceedings!

Di

Hi Di,

I was frightened beyond words before I found this forum, in fact I could probably say my/our situation was making me very poorly (like many others, I am sure).

But as time as gone on, with the help of you and many others who have been part of this journey I have been able cope much better.

I consider that I am fortunate with this one, but it isn't unexpected.

Cheers

[Strepsi]

Hi Strepsi,

That is good news.

It may not stop them issuing a Claim. However, the letter you have received needs to be guarded as, if they do issue, you have concrete evidence they have issued a Claim which is completely without merit.

If they don't have any agreement how can they possibly have considered the merits of any potential action and satisfied themselves that any alleged agreement is enforceable?

Furthermore, the Court of Appeal has held that absent evidence of service and expiry of a compliant Default Notice a Claim cannot succeed, and a consumer has an unanswerable right to apply for the said Claim to be dismissed. That Court of Appeal Judgment is binding on all Court's below.

If they issue you are basically pushing on an open door.

I'd suggest filing the letter away in a safe place and remaining silent.

They should actually have written to you to advise any alleged debt is unenforceable.

Thanks Colin the letter is filed safe in our extensive folder!

[PlanB]

Just received letter from Overdales

[B]"Our client has informed us that unfortunately the copy of agreement and default notice are not available...We have suspended your account . . . "

This may be "unfortunate" for Overdales solicitors and their client (Lowell), but it's fortunate for you

Pity they didn't think of that before they tried to frighten you into paying them by sending a Letter of Claim threatening legal proceedings!

Di

[Colin G Quinn]

Hi Strepsi,

That is good news.

It may not stop them issuing a Claim. However, the letter you have received needs to be guarded as, if they do issue, you have concrete evidence they have issued a Claim which is completely without merit.

If they don't have any agreement how can they possibly have considered the merits of any potential action and satisfied themselves that any alleged agreement is enforceable?

Furthermore, the Court of Appeal has held that absent evidence of service and expiry of a compliant Default Notice a Claim cannot succeed, and a consumer has an unanswerable right to apply for the said Claim to be dismissed. That Court of Appeal Judgment is binding on all Court's below.

If they issue you are basically pushing on an open door.

I'd suggest filing the letter away in a safe place and remaining silent.

They should actually have written to you to advise any alleged debt is unenforceable.

[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

Updated

Just received letter from Overdales

"Our client has informed us that unfortunately the copy of agreement and default notice are not available...We have suspended your account for 14 days to enable you to check the documentation and contact us with your intentions towards the debt. Should we not hear from you, legal action may be considered"

They did supply NOA!

Thoughts please, I think this is 'potentially' good news?

[PlanB]

have taken them just over two years to issue default.

Well they probably shouldn't have done that, but don't make them aware of it just yet as you inch towards Statute Barred status.

See what they do next and post on your thread when/if they do. At the moment they say they have suspended activity on your account.

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.

[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]

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]

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]

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?