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Ayho

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  1. Hm, that puts things in whole different perspective. I will probably still go ahead with the complaint as Halifax team were bit smug today for not sharing info due to me being out of 6 months. I will try to get my case looked again because I haven't received the final response letter yet ... 1 year later on ... I have nothing to lose, only to gain eventually And thanks dx100uk for info. Hope you doing well, glad to see you still fighting on our side
  2. I had payment insurance protection on my credit card. Both card and PPI were obtained Feb 2008. I submitted my PPI claim against Halifax via resolver on 29.08.2019 showing as reason for being mis sold that I was self employed at the time, also was made to believe i needed the PPI to get the card by the branch representative where i applied for the card, as it was my first credit card ever. I never benefited from the PPI as I was self employed since then, also it made me go few times in unarranged overdraft when I was in financial difficulties. Halifax PPI team claims I have been sent final response letter on 23.03.2020. Unfortunately it was sent to an address where i no longer resided at the time. About May I received a voicemail about my PPI claim from Halifax. I called them back and was told Halifax sent me final response letter, but it was sent to my address at time of claim , where I unfortunately didn't reside any more. The representative told me that my claim succeeded and I will receive compensation and asked for bank details to send the money to. Only upon further questioning I was told the amount of compensation, which was way below average to my opinion - £269. The person on the phone offered me to appeal the decision, which I did in the same phone conversation without knowing the reasons why I was being offered such a low amount. When asked what I will base my appeal to I said that it is the same reasons I included in my original claim. I gave them my new address to receive further information and asked if I can receive email as well due to me leaving the country for abroad for prolonged period of time in a very short time. They refused to send me email copy giving data protection as a reason. I left England on 03.07 and came back on 17.09. Between the mail I discovered letter from Halifax dated 20.07.20, which states that : '' PPI Mis-Selling Assessment '' Based on the information available to me, I ve still not found sufficient evidence to agree that your PPI policy protecting card ***** was mis-sold. I do not believe the further information you've provided introduces anything that changes the original decision. Unfair Relationship Assessment We previously concluded that an Unfair Relationship was created during the sale of your PPI policy protecting card ****** . Our offer for this decision was calculated based on the undisclosed commission and profit share you paid on the premium above 50%. As we've already upheld this part of your complaint, I 've not reassessed it. Next Steps We've now closed your complaint. If you have any further information that you'd like us to consider or you're unhappy with our decision, please get in touch. As noted previously, any information received after a period of six months has passed from the date of your final response letter (sent on 23 March 2020) will only be considered if there was an exceptional circumstance that led to the delay in your response. You can call xxxx or write to xxxxx '' I will now refer the case to the Financial Ombudsman. But I have 2 problems : 1. I still haven't received the final response letter and I am not sure what was Halifax's reason to refuse my claim. I can just guess they concluded I didn't have sufficient evidence to prove my case. I called them tonight twice and they will send me the final response letter to my actual address, but refused to give me any other information as complaint is already out of 6 moths time limits. they refused to give me transcripts of the phone conversation when i made my appeal to the original decision. They refused to even give me the date of the phone conversation or even an address where i can send request for disclosing the information they have about me. 2. Time limits I understand that in limited, exceptional circumstances i can still raise this with the ombudsman. But are : 2.1 me not receiving the final response letter yet 2.2 being abroad for 10 weeks during which I wasn't able to check the outcome of my appeal and the company refusing to use email address to correspond with me good enough reasons to be part of those exceptional circumstances 3. How do i receive the information I need from Halifax - that my complaint was raised via phone conversation without knowing the details of the final response letter Note : in 2014 I have received letter from Halifax stating I have been mis sold the PPI , which I included in my resolver case SUMMARY : Timeline : - 02.2008 obtained credit card and PPI - 04.2014 received letter from Halifax saying that I have been missold ( I submitted the letter's reference number together with my resolver claim - 29.08.2019 I submitted PPI claim via resolver - 23.03.2020 Halifax said they sent letter, unfortunately to a place where I no longer live. To this date I haven't seen/received the final response letter - June??? 2020 I received voicemail from Halifax PPI and called back. Then was told I was sent final response letter to old address, that I am receiving compensation, but for £269. I was offered to appeal the decision via the phone now and then, so I did asking for the circumstances to be checked again believing it was overlook on their side. I updated my address and asked for email to be sent too, as I will be leaving shortly for abroad for a long period of time. My request for email was denied due to ''data protection concerns'' - 03.07 - 17.09 was abroad - called 17.11 to ask for transcripts of my phone conversations with the PPI team, date of the phone conversation and address to which to submit request of information they hold about me. All these were denied in 2 phone conversations because my claim is out of 6 months limit. They only agreed to send me a copy of the original final response letter, but no time limits when I can do that My questions are : 1. What are my chances of the ombudsman accepting that i am allowed to complain out of the 6 months period ? 2. How do I get the information I need from Halifax PPI claim to prove my circumstances ? Thank you
  3. Hm, hope not. Regardless i saved the phone call on the cloud and in it i explicitly asked iff they are happy with extending the time period for the settlement payment and if they accept that now it is full and final settlement. If they try again or sell it on first thing will be to complain to ombudsman and ask for compensation at court if there is court date.
  4. Or blaim Santa But seriously I blamed "family and friends". They were happy to settle the claim and the lady said she is sending me letter to confirm that. She said i can check their website to see if everything is ok and yes, the claimed debt is now nill . Unfortunately I saw your reply too late, so didnt mention the credit file, neither did via the mediation. Live and learn i guess. I will still try to get in touch with her, as she was very helpful, might be able to do a little compromise for me Thank you again dx100uk and everyone else who advised on this thread for all the help and patience. You have been awesome in a difficult time for me. I love you guys
  5. I emailed the original mediator, but she is out of office by 08.01. Then called the mediation general helpline . They advised me to call Lowell and ask if they are happy with extending the deadline. I am using call recorder and will also ask for email confirmation before i make the payment. Is that a good way to do it ?
  6. Hi dx100. It was via official mediation on the phone. My agreement was sent to me via e- mail afterwards
  7. Hi everyone and Merry Christmas. I need an advice. I entered in settlement, as didnt have time to deal with the court case. It was for less than third of the claimed amount. Unfortunately i didnt have the agreed amount until now. The deadline was 27 Nov. Lowell has until February to apply again in court if there is a breach of agreement. If i transfer the settlement amount now to the account in settlement agreement will that mean that the account will be settled or Lowell can claim the settlement is null and void now, so the payment will be just for reducing my debt ?
  8. Hi. Just completing now the Directions Questionnaire. Send by date 24 SEP. Choosing small claims track and mediation. Can I do that by email to the parties - Northampton county court and Lowell ? Is it ok to send an email to HM Courts and Tribunals service small claims or is better to call them directly ? And second question - do I need to fill D1 , which asks me which court I prefer, if it is going to mediation ? Thank you
  9. ok, another update : Received court letter this morning. Dated 5.09 NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK 1. This is now a defended claim. The defendant has filed a defence 2. It appears that this case is suitable for allocation to the small claims track. If you believe that this track is not the appropriate track for this claim, you must complete box C1 on the Small Claims Directions Questionnaire ( Form N180 ) and explain why 3. You must by 24.09 complete the Small Claims Directions Questionnaire ( Form N180 ) and file it with the court office ... and serve copies on all other parties " And what about the letter I received from Lowell in responce to my CPR 31.14 request where they state : " your account relates to a telecommunication account and is therefore not regulated by the Consumer Credit Act 1974. As such Three Mobile are not obliged to retain a copy of the agreement, therefore we are unable to provide this. Also a default notice and termination notice applies to credit agreement, not service agreements so do not able and were therefore not issued'' All the contracts I had with Three mobile included a mobile handset as well ( except one for mobile broadband which included dongle, but it was terminated years before the alleged claim ) . So according to my limited knowledge that is consumer credit agreement, therefore they must provide me with the requested by me The Agreement, The default Notice, The Termination Notice and Statement of Account, not just the very dodgy looking Notice of Assignment they have provided so far . Am I correct ?
  10. Thank you for your advice. The barrister actually went middle of the road, the figure she gave was between the lowest and highest of expectations. It depends of course to all parts of the claim being upheld. The amount my friend asked for was also based on what it would cost the company to defend the claim, regardless if it is sucsessfull or not, as it is quite complex and will take up days of solicitors work - the barrister told us the hearing is most likely to last 3 days. Btw based on your experience what percentage of the claim she could get via a settlement ?
  11. No, I have not received any paperwork and didn't know I need to file one. Just a letter from the court manager that they are going to inform the claimant of my defence, who might settle it directly with me. If the claimant wishes to proceed " the court will then inform you of what will happen " And also a Directions Questionnaire sent by Lowell to the court, dated 22.08 ... They say they agreed to mediation.
  12. Hi everyone. Just a little update. The company directly is trying to negotiate a settlement before the preeliminary hearing at the end of this month. We went to a barrister and she prepared schedule of loss. Next day my friend met with the company representative ( one of the top managers) , who was shocked she used legal professional. Reason being was that they offered 8 times smaller amount than the estimate in her schedule of loss. Not sure, if I am allowed to give figures, so will just speak vaguely. My friend gave them reasonable offer, about 38% lower than the amount in schedule of loss. The company representative called her next day, asking for another meeting for next week, probably trying to lower the amount. My friend accepted the offer for meeting, but is not going to change her offer. The barrister told us she won't be able to take the case on no win no fee basis or anything similar, as the claim amount is not high enough to justify it for her. But she is happy if we use her services whenever needed to minimise costs.
  13. I am sorry, due to family circumstances had to be away. These are the developments so far in the meantime : 1. Received letter from Northampton court. It states '' I acknowledge receipt of your defence. A copy is being served on the claimant. The claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen. Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay. " 2. Lowell Solicitors did blow up my phone for about 2 weeks. I haven't answered the phone. On 22.08 I have received a letter from Lowell Solicitors. It states : '' Dear Mr. xxx We refer to the matter detailed at the side of this page. Please find enclosed a copy pf the Directions Questionnaire which we have now sent to the Court. We have agreed to mediation in our Directions Questionnaire which may result in settlement. If you agree to mediation, please ensure you tick the ''yes'' box in part A1 of your own Directions Questionnaire. If you would like to settle this matter directly, our client invites you to put forward an affordable settlement to us either as a single payment or by instalments. An agreed settlement would avoid a hearing or judgement and also the associated costs being added to your debt. etc etc ... " I also received this letter from Lowell solicitors, I guess in response to my CPR 31.14 request, although it refers to the court claim number and doesn't mention the CPR request " 30.08.2018 In your letter dated 16.08 you have requested copies of the agreement, Notice of assignment, default notice, termination notice and statement of the account. Please note that your account relates to a telecomunications account and is therefore not regulated by the Consumer Credit Act 1974. As such Three mobile are not obliged to retain a copy of the agreement, therefore we are unable to provide this. Also a default notice and termination notice applies to credit agreement, not service agreements so do not able and were therefore not issued. Please find enclosed a copy of the Notice of Assignment which was issued to you on 20 June 2016. We have requested a copy of the statement along with further information regarding the account from Three mobile and will forward any documents onto you upon receipt. etc. etc. '' " 2 copies of letters, dated 20 June 2016 follow. First one looks like a simple printout , is signed ,, For and on behalf of Three ,,, no name given, just signature , no sender address or name of sender ( just ''Three'' below signature'' ) . The '' letter'' states my account number, lowell ref. mobile number and balance outstanding. It says my ''account has now been sold '' Second letter looks better. It is from Lowell Portfolio I ltd. It tells me my account has been sold to Lowell and now I need to start paying them . The amount in the letter they claim I owe is £510.38. The amount claimed at court is £551.21 I will try to scan and upload the letters in full, if you need them.
  14. PARTICULARS OF CLAIM 1) The Defendant entered into an agreement with Three mobile under account reference xxxxx 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The right to collect the outstanding balance was assigned to the Claimant by Hutchison 3G UK Limited on 29/02/2016 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £510.38 remains due and outstanding. And the Claimant claims The said sum of £510.38 Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.112, but limited to one year, being £40.83 Costs Defence 1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 2. Paragraph 1 is accepted in as much as I have in the past had financial dealings with Three mobile and several accounts with them. However I do not recall the mentioned account number, do not have the precise details of the alleged agreement and have sought clarity from the claimant by way of a CPR 31.14 request . 3. Paragraph 2 is noted, again I do not recall this agreement number and I have never received the stated Default Notice. 3. Paragraph 3 is denied in regards that the claimant is misleading the court in its pleadings and has never made requests in accordance with The Pre-Action Protocol for Debt Claims prior to issuing this claim. Its sole purpose in purchasing this debt was to litigate and secure a county court Judgment and therefore Pre Action Protocol was never attempted and should be considered in deciding the outcome of their claim . 4. Paragraph 4 is denied. Claimant have not provided me with any evidence to this date that the contract in question is mine, provide me with the relevant paperwork and how this amount has been calculated Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I believe that the facts stated in this claim are true.
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