Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Problems with Lowell Group


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3404 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have been having problems with them.

 

They are trying to collect a debt from me which doesnt exist

 

they have now passed the debt to a debt collection agency called lowell group

 

who are extremely rude they even laughed at me on the phone when i told them debt was paid off 2 years ago!!!!

 

I have been informed by others that direct debits were cancelled by Newday ltd

and they forcing the blame on to customers which is a fraudulent act.

 

I have written to the FCA and Ombudsman service and am awaiting a reply.

 

Both newday and lowell refuse to investigate my claims that the debt was paid off

and insist on trying to collect £70 for a debt that was only £5 to begin with.

 

never received any warnings or notices about the final payment not being received,

 

was never told it was being passed to a debt collection agency either.

 

They are a huge headache!!!

 

 

anyone else having problems?

Link to post
Share on other sites

Can you give some background on this alleged debt please? Lowell will chase whatever the numbers on their spreadsheet says, until there is conclusive proof that the amount is wrong. And even then theyll likely still chase you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

You just need to send Lowells a letter asking them to prove that a debt exists.

 

Template letter link here http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-%28Updated-21.04.2014%29

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I bought some products on finance from Comet in February 2010 with an agreed repayment of £5 per month.

 

 

In Novemeber 2011 I was contacted by Moorcroft group saying that the final payment of £5 was not collected

and that the debt was sold to them.

 

 

This last payment was not collected because the Direct Debit was cancelled without my consent when Comet closed.

I did not even notice, since I was never notified. Otherwise, I would have just paid the £5.

 

 

The interest on the debt amounted to £77.

I paid Moorcroft £17 and we spoke about my finances.

They agreed that the rest of the debt was unjust and advised me that they would clear the debt.

I was even concerned about fraudulent behaviour regarding this debt, but I left it at that.

I just wanted to get it over with.

 

 

I never received any demands from Comet regarding the overdue payments;

it seems like the purpose of the debt was to accrue interests

- not to be collected.

 

 

After this was settled with MoorCroft, I did not hear about this for years.

 

In mid 2014, I received a letter from NewDay LTD demanding a payment of £70 for this debt.

I called them and explained to them what had happened.

 

 

At this point, I became suspicious that NewDay might have purchased the debt and had been the company who wanted to accrue the interests.

They did not care about the incident with the Direct Debit cancellation

- they just wanted to collect a ridiculous amount of interest and ignore that this debt had been settled by MoorCroft.

They did not pay any attention to my complaint, and just passed the debt to a debt collection service (without notifying me!).

 

Later, on October 2014,

I was contacted by Lowell Group asking for the £70,

I called them and explained the situation!

 

 

They told me they bought the debt in June 2014, and that despite the debt being settled with MoorCroft, that didn't matter.

They argued debts are given to many collection companies.

They were rude and mocked me on the phone.

 

 

In email correspondence with Lowell Group, I have asked repeatedly that they contact Moorcroft.

They have refused, without reason.

They keep telling me Newday LTD has no record of Moorcroft.

I have a bank statement with the payment of £17 to Moorcroft and have informed Lowell about this.

They refuse to listen.

They continuously put the burden of proof on me, and refuse to investigate.

Even, when I am explicitly stating who they can call.

 

 

I have sent a complaint to the FCA, and notified Lowell about my proceedings to contest this outrageous debt.

 

Hope that helps you understand a little more.

Link to post
Share on other sites

your big mistake here is talking to these fleecers on the phone.

 

 

they are DCA's

they ARE NOT BAILIFFS AND HAVE

NO SUCH LEGAL POWERS.

 

 

it obvious from the onset that your were taken for a fool.

and because you fell for the threats

that they will never put into writing

 

 

they pocketed the money

and sold the debt on.

 

 

now, because of that, you got put on the mugs list - you fell for it once

you might fall for it again....

 

 

lo and behold, you do by ringing these people.

 

 

pers I'd stay off the phone TOTALLY now

never ever ever discuss debts on the phone.

 

 

pop along to Noddle credit ref site listed below

 

 

go check your credit file

 

 

and I bet this debt does not even show........

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Have to agree, by communicating with them you're simply encouraging them.

 

Check your credit file first, then ignore them.

 

Lodge the usual formal complaints about this sorry outfit to the FCA and TS.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

nope neither

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...