scottygees UE diary

[Roger]

Niddy mentions OD here
https://www.all-about-debt.co.uk/for...62#post1301962

See the following section
And work your way through what Niddy is saying!
https://www.all-about-debt.co.uk/for...ca-information

Reference Cabot you need to know whom the Current Creditor is?
https://www.all-about-debt.co.uk/for...50#post1291550

[scottygees]

Niddy has confirmed it is enforceable,as I thought. Will send a missing PT’s letter to eat up some time and see what there next move is.

So missing PTs template sent and Reply received stating they have already complied with my request and sent all the relevant paperwork. Is there anything else I can do to continue to eat up time here or should we just await there next move

[scottygees]

Your Diary is short on details.

You should have been sent a Notice Of Assignment by Cabot and also Yorkshire Bank and this isn't shown.
The NOA is a legal requirement and should have been served on you!

Letters from NCO should have expressly mention the Creditor Owner (Cabot).

It may be that a SAR on the DMP is required
And a SAR on Yorkshire Bank because this was an overdraft.
This to find out what has happened.

In the meantime Cabot will be aware of your Letter re overdraft (because NCO were their Agents) and this is still outstanding!!
Do you have the proof of postage of that Letter?

Don't mention this as its a little something in the Bank to be used if necessarily later!
Similarly if no NOA was sent to you this is another serious omission!! Say nothing of these issues.

I would wait and see what their next letter says - but in the meantime you need to do some background investigation of your own and flesh out the Diary entry!!

So today have received a letter from Cabot stating account has been reviewed for legal action. It then goes on to say it’s not too late to set up a plan etc. I have 28 days to reply. As they haven’t replied to the overdraft CCA request yet what would be the best course of action to take?

[Roger]

Cabot have been sending out a letter saying ".... your account has been reviewed for legal action. contact with 28 days so we can prevent this from happening.."
We can help you to avoid this. .."

But I should wait until closer to 28 days and send the second follow up Over Draft letter to Cabot enclosing copy of the first letter sent and with Recorded Delivery details!
This is what the second letter says!
"..
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
.."
By writing to you without mentioning that first overdraft letter they are in effect ignoring/denying it!
https://www.all-about-debt.co.uk/for...20CCA%20v2.doc
.

[scottygees]

Cabot have been sending out a letter saying ".... your account has been reviewed for legal action. contact with 28 days so we can prevent this from happening.."
We can help you to avoid this. .."

But I should wait until closer to 28 days and send the second follow up Over Draft letter to Cabot enclosing copy of the first letter sent and with Recorded Delivery details!
This is what the second letter says!
"..
Until such time as I am in receipt of the requested information, this account cannot be enforced and remains in an unenforceable position because the basic underlying principles of legislation are being ignored. I attach a copy of my original request again, and hope that this time you'll take me more seriously and actually send out historical data as required within the legislative statute that is the Consumer Credit Act (1974).
.."
By writing to you without mentioning that first overdraft letter they are in effect ignoring/denying it!
https://www.all-about-debt.co.uk/for...20CCA%20v2.doc
.

Thanks Roger

[Roger]

Yes, send a CCA request for the overdraft.
They’ll write back saying it’s not relevant. Fine. It’s UE when they do that as they’re in default. There should be annual statements etc - the lot.

They haven't expressly said that BUT implied it with their letter!

No rules have changed recently affecting this. Send an overdraft cca

Niddy wrote that on 19th February 2018, 18:26

https://www.all-about-debt.co.uk/for...50#post1508050 #283

[scottygees]

[QUOTE=scottygees;n1497310]VANQUIS

• Credit Card
• Date commenced -not known
• Approx balance £1002
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment since Feb 2017
• Status -Default 31/8/2015
• Account owner-DLC

9/6/17-letter recd confirming they have been instructed by vanquish to collect balance and require me to contact them
26/6/17-letter recd offering a 50% reduction on outstanding balance
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
12/8/17-letter recdfrom DLC dated 1/8/17 stating they are only collectors and that I need to send request directly to Vanquis.They have returned the postal order. Any advice or should I just now send the request to Vanquis
17/08/17-CCA request made to Vanquis
19/08/17-CCA request delivered and signed for
01/09/17-CCA received from Vanquis dated 30/08/17.Awaiting advice
02/09/17-CCA sent to Niddy who confirms it is enforceable . Will await further contact from DCA before deciding what course of action to take.
11/12/17-Letter recd from Vanquis confirming now assigned to Lowell. Introducing letter recd from Lowell in the same envelope.
2/1/2018-letter received dated 28/12/17 from Lowell’s please contact us to arrange a a payment plan we are here to help. No action taken
27/01/18-Letter recd from Lowell’s they may look at referring for legal action.Best way to stop this is by contacting us to discuss affordable repayment plan.This letter also refers to JD Williams account
(01/02/18-SWID sent special delivery to Lowell’s
13/02/18-letter recd fro Lowells account on hold for 40 days until they can provide the CCA.

[/QUOTE

21/3/18-Letter and CCA recd from Lowell’s.This is an exact copy of the one Niddy has already said is enforceable. I assume no further action to take at this stage apart from await their next letter?

[scottygees]

[QUOTE=scottygees;n1509228]

VANQUIS

• Credit Card
• Date commenced -not known
• Approx balance £1002
• Date last paid -Sept 2010
• Are you on arrangement or not paying-DMP but no payment since Feb 2017
• Status -Default 31/8/2015
• Account owner-DLC

9/6/17-letter recd confirming they have been instructed by vanquish to collect balance and require me to contact them
26/6/17-letter recd offering a 50% reduction on outstanding balance
13/7/17-CCA request made
17/7/17-CCA request delivered and signed for
12/8/17-letter recdfrom DLC dated 1/8/17 stating they are only collectors and that I need to send request directly to Vanquis.They have returned the postal order. Any advice or should I just now send the request to Vanquis
17/08/17-CCA request made to Vanquis
19/08/17-CCA request delivered and signed for
01/09/17-CCA received from Vanquis dated 30/08/17.Awaiting advice
02/09/17-CCA sent to Niddy who confirms it is enforceable . Will await further contact from DCA before deciding what course of action to take.
11/12/17-Letter recd from Vanquis confirming now assigned to Lowell. Introducing letter recd from Lowell in the same envelope.
2/1/2018-letter received dated 28/12/17 from Lowell’s please contact us to arrange a a payment plan we are here to help. No action taken
27/01/18-Letter recd from Lowell’s they may look at referring for legal action.Best way to stop this is by contacting us to discuss affordable repayment plan.This letter also refers to JD Williams account
(01/02/18-SWID sent special delivery to Lowell’s
13/02/18-letter recd fro Lowells account on hold for 40 days until they can provide the CCA.

[/QUOTE

21/3/18-Letter and CCA recd from Lowell’s.This is an exact copy of the one Niddy has already said is enforceable. I assume no further action to take at this stage apart from await their next letter?

21/3/18- further letter recd from Lowell’s account on hold until 18th April to give me time to review the CCA they sent. Should I send anything once this review period is up?

[Roger]

My thoughts here are now would be a good time for a SAR to VANQUIS because this will include Lowell's exchange of information with VANQUIS over your SWID!
The SAR takes 40 days costs £10 so you want to be able to assess your position here. THERE ARE MANY REASONS FOR UE NOT JUST THE CCA!
The 19th could be ignored to see what they do next. But the SAR should give you the information that you need in this case!
Good Luck

[scottygees]

My thoughts here are now would be a good time for a SAR to VANQUIS because this will include Lowell's exchange of information with VANQUIS over your SWID!
The SAR takes 40 days costs £10 so you want to be able to assess your position here. THERE ARE MANY REASONS FOR UE NOT JUST THE CCA!
The 19th could be ignored to see what they do next. But the SAR should give you the information that you need in this case!
Good Luck

So would you send the SAR now or nearer to the 18th April? Also would I need to inform Lowell’s I have requested a SAR?
Finally how litigious are Lowell’s?

[The Tech Clerk]

SAR they have 40 days so sooner you get it off the better, Lowell are litigious, they go thru to frighten you in the hope you give in, but on many occasions they discontinue at the last moment,(they get their money back (court fee), seems to be a pattern in a lot of cases, when you think 90+% people get a CCJ by default i.e. not challenging lowells

[Still Waving]

So would you send the SAR now or nearer to the 18th April? Also would I need to inform Lowell’s I have requested a SAR?
Finally how litigious are Lowell’s?

As Tech Clerk said, get the SAR off immediately. Don't advise Lowell that you are sending a SAR request, that won't achieve anything.

[scottygees]

Thanks for the replies.I will get the SAR off immediately

[scottygees]

Apologies should I send the £10 as a cheque or postal order?

[Warwick65]

Either would do - a cheque is cheaper. Some people may think there is a chance of lifting your signature off a cheque but I couldn't comment