TESCO CREDIT CARD & LOWELLS

by Ithesoul Fri Jun 01, 2018 11:03 am

Hi everyone
Its been a while since I posted in the forum, been managing things OK with 2 issues to date.
I was informed back in February that my Tesco c card account has 'bought' by Lowells. The account sum is £5370 approx.
I have sent the 3 debt collector letters, using the Get out of debt free letters, & sent the estoppel last Thursday. Lowell have sent me a reconstituted agreement, dated but not signed by me of
course, & only stating my printed surname but not in full capitals!. According to the recon' agreement the account was taken out by me in February 2013!.
Lowells are following in the footsteps of 4no. other debt collectors who Tesco appointed to chase me, but have now 'sold' the account to Lowells.
I would be very grateful if someone could let me know how best to deal with Lowells, going forward, & the best strategy, if there is such a thing, to win against them.

Best wishes & thanks.

by **daveiron** Fri Jun 01, 2018 6:56 pm

Personally I would use these, just adjust the amount of times you have requested the documentation from all previous debt collectors.

https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

by Ithesoul Sun Jun 03, 2018 9:38 pm

Hi daveiron
Many thanks for your reply. So when they write to me again do you suggest I re-send the 3 letters as suggested?

by **daveiron** Sun Jun 03, 2018 10:17 pm

Hi, yes send the letters above for debt purchasers (not debt collectors) .Remember to insist on everything listed in them.

by Ithesoul Fri Apr 12, 2019 9:32 am

Hi daveiron & others
Its been a while since I posted but wanted to update you & get some advice please on dealing with Lowells who have purchased the alleged debt re my tesco credit card.
I have received a new letter from them (after nearly a year of silence), with the tesco default notice attached, it has taken them over a year to obtain this following my issue of the 3 old dca letters & estoppel to them this time last year.
They claim this is now all they need & that I should contact them to pay the alleged debt!. I did not in the end send them the new version of the 3 letters as suggested in your previous post!. But re-reading your post above & having now heard from them again would you suggest that I now send them the new dca letters?.
Many thanks in advance for your help.

by **Mrblue2015** Fri Apr 12, 2019 10:40 am

If, as you say, Lowells are the debt purchasers then use the following templates which are specific to debt purchasers (not DCAs who simply try to collect on behalf of a debt purchaser):

https://goodf.forumotion.com/t1131-new-3-letters-for-debt-purchasers

They need to supply more than a default notice. And on that note, did you send a data subject access request (DSAR) to Tesco?

by **daveiron** Fri Apr 12, 2019 10:53 am

Hi,
I agree with the above ,also get waylanders advice on this.
Additionally I would ask them why they have not provided a true copy of the agreement,and t&c .Also
ask if they have the original & if not why not , where is it now and does it exist ?

by **Mrblue2015** Fri Apr 12, 2019 11:02 am

Also (back to your point that it’s been a year) That’s what happens in my experience too.

They give up / perhaps there are staff changes etc / then they do some sort of annual audit no doubt / find your account then start all over again (because they’re bl00dy disorganised and incompetent at best - which will very likely work in your favour in due course) ;-) So you’ll have ‘busy’ periods of engagement and long gaps in between ... all part of the ‘game’

by Ithesoul Fri Apr 12, 2019 11:54 am

Hi Mrblue2017 & daveiron
Many thanks for your replies. In answer to your questions:-
1. I didn't send a data subject access request (DSAR) to Tesco or to Lowells.
2. Regarding asking why they have not provided a true copy of the agreement, and t&c & if they have the original & if not why not , where is it now and does it exist - is this included in the first of the standard dca letters or in addition to it?, if so I will add it in!.

Many thanks.

by **Mrblue2015** Fri Apr 12, 2019 12:57 pm

You're welcome Smile

1) Send a DSAR to Tesco not Lowells.
2) Yep covered in the original template - but you can add on the first line to also explicitly requests Ts & Cs.

Again - to be clear (as you used the term "DCA") - use the debt PURCHASER not DCA letters

by Ithesoul Fri Apr 12, 2019 2:12 pm

Hi Mrblue2017
Thanks for your reply.
What is the reason for sending a DSAR to tesco, what will this achieve?. Also what is the process for doing this?.

Thanks for putting me right about the terminology.

by **Mrblue2015** Fri Apr 12, 2019 2:23 pm

You're most welcome.

DSAR: Tesco are the Original Creditor (OC). As such, they should have issued the correct paperwork etc to the debt purchaser (Lowells). By demanding a DSAR from the OC, you:

1. Can compare the Tesco DSAR docs you receive with any docs the debt purchaser send you... This is where you'll no-doubt see where the debt purchaser has messed up i.e. doesn't have the correct paper work and, dare I say - on occasion - 'concocted' documents i.e. they'll have NO legal standing.
NOTE: when you get the DSAR docs from Tesco you DO NOT REVEAL ANYTHING TO THE DEBT PURCHASER!

2. This link includes a template:
https://ico.org.uk/your-data-matters/your-right-of-access/

Where the template says "Please supply the data about me that I am entitled to under data protection law..." I would elaborate to say "every document you have that contains any personal data in relation to me".

You should receive all statements from Tesco, all emails / calls / defaults / agreements etc.

by Ithesoul Fri Apr 12, 2019 2:39 pm

Thanks very much for explaining the DSAR process. I will prepare this & the 1st letter to Lowells over the weekend & send them by recorded post early next week.

Best wishes

by waylander62 Sat Apr 13, 2019 10:30 am

hi
yes a SAR is a must here especially now you have received a recon agreement and a default notice.

you said the recon states you opened the account in february 2013 ? is this true or about right ?

do you have any info of your own ? old statements ? letters ? anything that you can refer to ?

by Ithesoul Mon Apr 15, 2019 9:56 pm

Hi waylander62
Thanks for your post, yes I can confirm that Feb 2013 is correct.
I have some old statements & have kept a file of all correspondence with Tesco since I began this action.

Thanks again & best wishes.

by Ithesoul Thu May 02, 2019 3:39 pm

Hi All
I have sent a DSAR to Tesco & today got a call from them wanting to question me about it. First of all they wanted to check personal information, full name, address etc. which I didn't do as I want to check with you if its safe to do so?.

Thanks in advance for your help.

by **daveiron** Thu May 02, 2019 4:14 pm

1. You have requested the SAR in writing I presume with your name & address & signed it. That is all
that is required.
2. The 3 letters clearly state they are only to contact you via Royal Mail.
3. They must supply within 1 month, if they fail ,report them to the IOC.

by Ithesoul Thu May 02, 2019 4:24 pm

Hi daveiron
Thanks for your reply.
So if I don't call them back they have got an excuse not to send me the information requested even if I report them to the IOC!.
I did send the request as you state in your item 1.

by **daveiron** Thu May 02, 2019 4:35 pm

No, they must comply. No excuses.

by Ithesoul Thu May 02, 2019 4:47 pm

OK thanks.
So are you saying not to call them & wait to see if they respond within the 1 month?.

by **daveiron** Thu May 02, 2019 5:13 pm

Personally I would not call. If you decide to, remember to inform them they must only contact you via RM.
and if they do not supply ALL data they hold on you within 1 month of your request ,you will immediately go
to the Information Commissioner.

by Ithesoul Thu May 02, 2019 5:19 pm

Many thanks, I think I will contact them & do as you say.

by **Mrblue2015** Thu May 02, 2019 7:33 pm

Agreed with DaveIron. Stick to writing!

by Ithesoul Sat May 18, 2019 2:22 pm

Hi
I have sent all 3 debt purchaser letters to Lowells & have received the attached reply from them, following issue of the 2nd letter. Could you please let me know if & how I should respond to this?.

I have also received the DSAR documents from Tesco & so will now go through & compare the docs sent by Tesco & Lowells.

Many thanks in advance for your help.

by Ithesoul Sat May 18, 2019 2:26 pm

Letter scans now attached.

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