Next steps with Lowell debt

[Klaus100]

A debt which was originally Tesco Ceedit Card was defaulted in 2015 and a small amount was paid via Stepchange to Tesco for around 12 months. The debt was then sold to Robinson Way and monthly payment made via Stepchange up until January 2018.
Payments stopped and CCA request sent. No CCA ever provided and no contact made. Debt sold to Hoist but no contact made. Debt sold to Lowell in 2023 and a barrage of emails and letters followed.
Perhaps stupidly, I sent email to Lowell stating Hoist umable to provide CCA so stop contacting me.
A few months later, Lowell produce CCA which looks legit as online application but the rates match etc.
Ignored for a few months but today received letter saying they would like to deal directly but will refer to third party if necessary.
So my question is what should my next step be? I get that I have probably made an error in emailing them as although I don't directly acknowledge the debt is mine, I don't refute it either.
Do I have to enter into a payment arrangement or try and get a settlement to avoid potential legal action?
Thanks.

[echat11]

I would wait to see if a third party makes any contact.
Check the CCA they've sent to make sure it's compliant, has all the prescribed terms etc.
If the agreement has been 'varied' they should also send details of the 'variation'.
Have they sent a copy of the default notice and letter of assignment?

Before they start any legal action, they will have to follow CPR protocols, i.e. Letter Before Action etc.

[Klaus100]

Thank you for replying.
That sounds a bit scary waiting for letter before action - if they do it, does it mean I am unlikely to be able to negotiate a settlement?
Do you think I have reset the statute barred timeline by stating that Hoist could not produce CCA.
The CCA looks correct but I am not sure what it needs to be 100% accurate.
They havent sent any default notices but I will need to go through my 'folder' to see if I got letter of assignment.
It's weird Robinson/Hoist couldn't produce CCA but Lowell could, that's the only thing that makes me wonder if the CCAti's correct.
Sorry rambling now.

[echat11]

a) That sounds a bit scary waiting for letter before action - if they do it, does it mean I am unlikely to be able to negotiate a settlement?

You can make Full and Final Settlement offers at any time, just mark the letter with the words 'Without Prejudice'.

Start with a 'low' offer, say 5%. They bought the debt for pennies. Amend the letter so all facts are correct and give them your circumstances.

https://www.nationaldebtline.org/fac...ou%20can%20use.

https://www.nationaldebtline.org/sam...tlement-offer/

b) Do you think I have reset the statute barred timeline by stating that Hoist could not produce CCA.

Had they not provided a CCA in 2023, then the debt would be statute barred in January 2024.

c) The CCA looks correct but I am not sure what it needs to be 100% accurate.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

https://lawzone.legal/when-is-a-cred...unenforceable/

d) They havent sent any default notices but I will need to go through my 'folder' to see if I got letter of assignment.

O.K. do that.

e) It's weird Robinson/Hoist couldn't produce CCA but Lowell could, that's the only thing that makes me wonder if the CCAti's correct.

That's why you need to check it.

[Klaus100]

Hi

So I've checked the CCA and it all looks correct unfortunately but I was thinking of reaching out to Tesco to ask them for a copy, just to see if they match. Do you see any issues with this?

Thank you for all of the links above, really helpful.

[Klaus100]

Sorry also meant to add that the only default notices I have had are from Tesco back in 2015.
Letter from Hoist in April 2023 advising they have been acquired by Lowell but no notice of assignment that I can see.

[echat11]

Hi

So I've checked the CCA and it all looks correct unfortunately but I was thinking of reaching out to Tesco to ask them for a copy, just to see if they match. Do you see any issues with this?

Thank you for all of the links above, really helpful.

Send Tesco a SAR request.

https://legalbeagles.info/library/gu...ccess-request/

[echat11]

Sorry also meant to add that the only default notices I have had are from Tesco back in 2015.
Letter from Hoist in April 2023 advising they have been acquired by Lowell but no notice of assignment that I can see.

Check to see if the Default Notice is compliant, has all the required information.
Lowell's has bought Hoist, so the debt is still with Hoist, you should get a letter to say that is the case.