NewDay Ltd / Debenhams Store Card Assigned to Lowells

[ccholland]

Hello,

 

I sent my SAR request to Santander as they are now (according to the FCA register) t/a GE Capital Bank who were the OC when this card was taken out. I have this morning received a letter from their DSAR team in Bradford advising they cannot help and I need to contact NewDay!!

 

NewDay are not the original creditor!

 

Any thoughts would be appreciated please.

[AndyOrch]

http://www.aquacard.co.uk/credit-card-faq/who-is-newday-

 

They acquired the Debenhams Store Card...so are now the data controllers

[ccholland]

Ok thanks.

 

I did think that I should send my request to the OC though?

[AndyOrch]

Normally yes but if the OC is no longer in existance....same as all Alliance & Leicester customers now refer to Santander

[ccholland]

Fair enough. This is going to be interesting then as NewDay haven't been great so far.....

[AndyOrch]

I personally wouldn't worry cc....DSARs are irrelevant when defending a small court claim...unless you are counterclaiming.

[ccholland]

I wanted to see what paperwork came out as a result.....

[AndyOrch]

Fair enough...but I doubt it will be of any assistance

[ccholland]

Might use the £10 PO for something else then

[ccholland]

Afternoon,

 

 

I have today received a response letter from Lowell's in which they state the following:

 

 

''You state that this account is in dispute with NewDay Ltd as they failed to provide documentation that complies with the requirements of sections 77/78 of the Consumer Credit Act 1974 (CCA) for a pre-2007 agreement. Therefore you request that this account is returned to NewDay Ltd.

You believe that without a copy of the signed credit agreement our collections activity is in breach of the Financial Conduct Authority (FCA) guidelines.

I was most concerned to learn of the circumstances outlined in your correspondence and would like to thank you for providing further information regarding this dispute, which has been useful in helping me understand your situation. As part of my investigations I have reviewed this along with the details we have been provided with by the original creditor, NewDay Ltd. We purchased the account from NewDay Ltd on 26 November 2014 in good faith, in the belief that the debt is due and owing, and free from any unresolved dispute or complaint.

To inform you of the sale of the account from NewDay to Lowell, you were sent a Notice of Assignment on 13 January 2015.

The first contact we received from you was your email of complaint dated 19 January 2015, in which you raised your concerns regarding this account.

In regards to your comment that we need to have a copy of the original signed agreement, I can confirm that this has been provided by the original creditor and does fully comply with the requirements of the CCA. I have enclosed a copy, along with a summary statement of the account, for your information.

With this in mind, I cannot agree that our collections activity has breached the guidelines set out by the FCA.

In view of the above I am satisfied that the debt is valid and due. Based on the response received from NewDay Ltd there is no indication that the account was incorrectly sold to Lowell. Therefore we will not consider returning this account to NewDay Ltd.

I have arranged for this account to remain on hold for a further 30 days from the date of this letter to allow you time to consider our response. If we have not heard from you within this time the account will automatically be passed for further collections activity.''

 

 

 

 

The documentation they have provided is the exact same document as I posted earlier and they have not provided any T's and C's especially as on that document it makes reference to conditions overleaf!!

 

 

What do you think as they clearly cannot produce the correct documentation either?

[ccholland]

post 78 has the copy application form provided by NewDay and again now provided by Lowell for info

[theoldrouge]

could you post up the t&cs that they sent please

[theoldrouge]

as it stands they have not complied with s78(1)

 

if they issued a claim s78(6) would currently prevent enforcement

[ccholland]

Thank you - NewDay sent t & c's for a Santander Credit Card which is obviously incorrect - Lowell's haven't sent anything!

 

Thanks for coming back to me - I think I shall write back to them close to their 30 day limit mentioned regarding keeping the account on hold and advise they have not complied with the CCA request and see what they do next unless you think I should do otherwise.

[AndyOrch]

I personally wouldn't respond...you know its deficient...and they too most probably....ignore them until they try to litigate.

 

Andy

[ccholland]

Thanks Andy - I think I will as can't be doing with playing email/letter tennis which is what this is becoming!

 

If anything further happens though I will let you know. Thanks to all who have helped so far, much appreciated. :

[ccholland]

Afternoon,

 

 

Just thought I'd post an update on this one. Have today received a response to my SAR request from NewDay where they have enclosed another copy of the application bless them and NewDay T & C's which again are completely different. They have included case notes and interestingly in one of them it says that they complied with my CCA request fully and then in the same sentence someone has noted that the T & C's for the account are not available!!!?

 

 

Also interestingly since the account was assigned to Lowell's in Sept last year the account does not appear on my credit report at all - not one of the CRA's show it - that's weird or is it me?

[ccholland]

Anyone any thoughts on why the account is not being reported to any credit ref agency? Just curious really as if they suddenly start reporting it again are they allowed to do so?

 

 

Many thanks.

[ccholland]

Anyone?

[maroondevo52]

Anyone?

 

Not sure, I had an account with Bank of Scotland for years which was never reported until I took them to court over Bank Charges !!

[ccholland]

Oh - that's not good! Hope you won your charges. When they started reported it did they get the dates right in terms of default date etc? Just curious as it seems weird that they can be allowed to do that - not bother to report and then all of a sudden start again.

[maroondevo52]

I did get all my Bank Charges back, this was before the courts put a block on claims.

The Bank then took the huff and closed my account, big bairns.

 

There was no default or anything I had ran the account not to bad.

[filrobbo]

It can only be entered once on your credit file, my be they have forgot or its not a real debt.

[dx100uk]

prob defaulted more than 6yrs ago and has been removed

never to return

 

 

dx

[ccholland]

Hi Guys,

 

Thanks for your input, much appreciated.

 

The account defaulted in Sept last year through financial difficulties - they were not very helpful

so CCA'd for copy of original agreement which neither NewDay or Lowell can provide currently.

 

 

I just find it odd that the account is not being reported

- it makes me wonder if they really do know its a potential dud

 

 

even though they have stated on numerous occasions that what they provided to me was sufficient.