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Everything posted by silverfox1961

  1. hi there. Something must be in the water as this is the second one i've looked at today. If you are absolutely certain that it is a council mistake and that whenever a change in cicumstances happened, which may have affected the amount of benefit, they were told then you may have a claim. Basically, If they made a mistake in the calculations and you couldn't have reasonably known about it then you could argue that you are not liable. some councils get very shirty when they are challenged and send it straight to legal. If they start threatening you with court it may need a letter denying you owe them a debt however, make an offer to pay something each week just to keep them off your back. if you have to do this, send them a letter with the heading "I DO NOT ACKNOWLEDGE ANY DEBT TO YOU"( If anyone else has better wording, please let me know) If they still say it's your fault, complain and escalate it to the chief executive of the housing department. If all else fails, complain to the Local Government Ombudsman. NOTE: I am basing my answers on my own personal experiences with my local council and not all councils follow the same rules. good luck fox
  2. These senior moments are getting to me lol. forgot to mention. when posting letters to the council use recorded delivery and if you hand deliver them, get a receipt. Unless you have a recording machine, it's not in my opinion a wise thing to talk to them on the phone as there is no proof of what has been said, fox
  3. Glad to help. The issue with the magistrates court. As far as I'm aware (although someone may come along and prove me wrong:rolleyes:) you have been issued with a summons to attend the magistrates court. I do think you have to attend but you are entitled to represent yourself and to plead not guilty if you wish (you will) the magistrate will help and the case should be adjourned for you to assemble your defence. as it's a criminal offence you are answering to, unless you are rich, you are entitled to free legal advice. If you explain that to the magistrate, they may be able to help. Unless it's a stipendury Magistrate (who is legally trained) other magistrates are laymen or women who take legal advice from the court staff. Note: I'm basing this advice on personal experience of the court from about 10 years ago so things may have changed (in case you're wondering- motoring offence) If you get your complaint in to the council and ombudsman( sometimes if you haven't complained to the council first, the ombudsman may refuse to help until you have gone down that route) it may help in the court case but don't bank on it. one other thing about councils. If you manage to get an apology off them, that will be a miracle. In my case they wouldn't. Good luck fox
  4. Oh yes forgot to mention. the ombudsman got me £200 compensation:):) fox
  5. Hello. I had something similar with my council (overpayments) and it took me four years to get it sorted. In my case I wrote that while i didn't accept the debt was accurate i would make regular payments on the understanding that if the overpayment was not proved that i would be repaid. It might be worth formally complaining and escalate it to the chief executive of the housing department. There is a little known thing called retrospective housing benefit (but not all councils use it) where in the event of complaint the council will go back over the housing benefit claims to check whether mistakes have been made. BEWARE. If they do this it could show that you owe them more. This is also something they don't like to advertise. Housing benefit overpayments are legally recoverable unless: The overpayment was caused by official error- this means the overpayment was due to something done, or not done by the council or the benefits agency AND: You or someone receiving the benefit( eg private landlord) could not have reasonably been expected to know that an overpayment was being made at the time that the payment was notified ir received. That basically means that if you didnt know about the overpayment and someone at the council mucked up then you could argue that you are not liable. As other posters have said, get this case to the Local Government Ombudsman. The one I used in coventry were brilliant. Fox
  6. Thanks for the info. I've downloaded the form but you're right when you say it looks like it's for "third party" users. I've kept it should i need to go down the debt advisors route (doubt it with all you guys) Should anyone post on my thread and i don't reply, it's because I'm not too well that day but i will reply eventually cheers fox
  7. Morning folks. Well i got the first reply from lowells in 3 months and it's the CCA acknowledgement with, from what I've been reading, the usual guff about contacting from OC to get info and their own get out clause about if they cant get it within 12 days that they'll let me know. My letter to them was sent on 16/10 and delivered 18/10. their letter was dated 21/10 and received today 25/10 so obviously TNT post don't follow the same procedures as Royal Mail. Just a quick point. If they got it Saturday 18/10, does the 12 days start from the monday 20/10 (Eg not including weekends) or are the weekends counted in the 12 days?? fox
  8. You are not letting anyone down. It has always been your choice on whether to carry on and you have been awesome but you are considering your health (mental as well as physical) and i for one will support you. best of luck fox
  9. ReallyMadWoman, I have spent the entire afternoon reading the entire contents of this thread and apart from me having no life(?) I am amazed (NAY ASTONISHED) by your strength and your good old fashioned bloody mindedness against these people (loosely termed) I've only been here for a week and have read lots about DCA's and their underhand tactics and I selfishly hope that I dont end up with all the hassle you have been forced to go through. I'll read your Cabot thread as well ( you'll notice that as I'm a newbie I still tend to use their proper names. How long will that last:p) All the way through the thread I noticed how much stronger you have become and all I can say to that is : I AM IN AWE OF YOU- WELL DONE fox
  10. Thanks for that ODC. I'll reprint the letter and get it posted tomorrow and I'll still pay them next Thursday just to be on the safe side Thanks again
  11. Forgot to mention, as I'm already paying, should I continue or stop paying them
  12. Hi again all, You've probably heard all this before but as I'm a newbie I find all this legal stuff confusing. I'm in the process of doing a CCA letter to Cabot and was wondering, as I've already acknowledged the debt whether i should reword the heading to read: I NO LONGER ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT In a previous post ODC said to send 2 CCA requests but I don't know if the debt is just for the credit card or both the card and the loan as I have no confirmation of this. Should i just send one for now? I also have no letters from citifinancial to tell me they sold on the debt as I've mentioned I did a lot of moving around I'm sorry if it seems like I'm stupid, mainly cos I am:?
  13. As far as I'm aware you cannot check if a postal order has been cashed online. The only way I know is to ring the number that you can get from the post office.
  14. What can I say. YOU DA MAN (WOMAN?) lol thanks odc. I knew i could rely on you
  15. Good morning to all and sundry. I've been looking through other threads and can't seem to find any others on this particular problem. 1996. Bought a very expensive vacuum cleaner and got finance from the associates. Lost my job so couldn't afford the payments. Asscociates refused lower payments so stopped paying. They accepted £10 per month. Associates bought out by Citi. 2001 i got a citicard. As explained in my other thread about lowells I had a massive breakdown and stopped paying my cards and debts before my wife and i split up and i moved out, staying here and there for about 3.5 years until i settled down last year. Last year Cabot contacted me about a citi debt and of course, me being the type of guy who, when they say jump i say how high (!) i accepted the debt blindly. The amounts seem high but I'm thinking they have amalgamated my credit card debt and my vacuum loan into one debt. At last, the questions. If one debt is for a loan and the other is for a credit card, can I CCA them for both or is there another form to use for the loan part? In the letters received from Cabot The balance outstanding was £580 odd but in the next one it's gone up to £743 and the one following £747 ( I'm not bothering adding pennies) even though I was paying. With an arrangement in place are they allowed to add interest? My apologies if this seems a little trivial but my feeble brain doesn't seem able to work at the moment:???: Any help gratefully received Fox
  16. Hi all again. I have spent the last 6 (yes SIX) hours reading other peoples horror stories and besides having a square backside i notice that a lot of them had notice of assignments sent to them. One of the things i didn't mention in my first post is that i left my old address in 2003 and did a lot of moving around (2 months here, 3 months there) so consequently didn't receive any debt letters until i managed to stabilise my life and settle down last year. Would those NOA letters have been sent by recorded delivery and what would happen if I was not there to sign for them? If the NOA was not properly served then do lowlifes have the right to be chasing me? I've been reading lots of other posts about lowells and cabot and it does seem they are a bunch of shysters and my piffling problems are nowhere as complicated as theirs. To be honest, I hope it stays that way cos if my case goes T*Ts up I worry that my depression will come back more. BTW my cca request was delivered on saturday (18/19) so if i don't get a reply by a week on saturday I'll know I have a stronger hand Thanks to all the posts received so far
  17. Oh how i wish i was as nutty as some of you (you know who you are:D) Think i might have dropped a booboo. I signed my letter before i read that some DCA's photocopy signatures. I'll just have to wait and see what comes out of the woodwork. By the way. Morning all! As i mentioned in my first post, I have another DCA on my case (Cabot). Would it be worth checking with them that they actually have the legal right to chase me? Also, it was mentioned that I complain to trading standards. Isn't it a bit too early for that? I know that the more ammunition TS have the stronger the case could be. OO-er! just had a random thought (I am a bit random at times) Wonder if I could use the freedom of information act to find out exactly how much lowells paid for the debt. If i could and it was less than they've already gotten from me, couldn't i say that they've already got their money back? I know there's not much chance of that but i did say i was a bit random. Since yesterday my tryping skills have got better:rolleyes:
  18. hi again folks. Seems like I have started a bit of a hot potato on this. So long as you all accept that there are different opinions and that it's not personal then that's ok but please don't fall out on my account. ALEX. I read your story. true, it was long but well worth it in the end. I'm happy you got your problem sorted but did they pay up? I hope my case results in a satisfactory conclusion. I'm one of the old school where I accept responsibility for my actions but, when my depression sets in i cannot function well and i ignore things to my cost but I'm also belligerent and when companies start to behave like big brother, it really gets my goat. A while back my local council said i owed them money when i knew i didn't. It took 4 years from start to finish and included the local government ombudsman before the council admitted defeat and i got compensated. This is just to say that when i have my sod em head on, beware, I am patient and I'll take it all the way. I will use all the great info given to help my case. thanks again
  19. Well I did it. I posted the letter as advised by ODC and sent it by recorded delivery and included the postal order. Let's see how long it takes them (if at all) to reply. I wish I knew of the rights I have before I replied to lowells. The stress would have been less that's for sure. I wouldn't be as grey as i am now:rolleyes: one thing though. does the fact i have been making payments to them mean that i accept i owe this money? Would that go against me if it got to court. Is it worth writing to the trading standards and the financial ombudsman yet or wait to see what comes from lowells? Thanks for all the replies. It's great to know you're out there
  20. WOW! I only posted my thread a few minutes ago and what a response. I will follow all the advice and let you know how i get on. many thanks:)
  21. Hi all. I have a problem with Lowells and don't quite know what to do. A few years ago I suffered a massive depression and didn't pay my credit card bill with capital one and didn't reply to letters. Capital one sold my debt on and in 2007 Lowells contacted me and said that i owed them nearly a grand. I wrote back acknowledging that i did owe the money and offered them £5 a month (I'm now on benefits) . A letter came back dated 12 april 2007accepting my offer for six months but within 4 days of that letter another came (16/04/07) asking me to contact them. As i had an agreement sorted, I didn't bother. Three more letters came (08/05-15/05&04/06/07) all with varying levels of threats of legal action which i ignored (depression setting in again) When the legal letter from Hamptons arrived I thought I had to deal with this so I rang them. I have never felt so bullied in my life. this guy harrased me into giving my financial details over the phone and i got so stressed that i couldn't remember everything i had to pay out. I ought to mention that I am registered disabled and get high rate disability living allowance (mobility) and I'm chronically sick. The guy wanted to know all my income and then pressurised me into offering £15 a month instead of the £5 i was already paying. Through all of this I was paying into their account via Barclays Bank which was okay by me. I sent them a letter complaining about the way i was treated by this muppet and told them that all further communication would be by letter as i couldn't cope with the harrasment. No reply. all went well until January this year when they sent me a letter saying that i had to set up adirect debit with them. i sent a letter back saying no as they would be able to vary the amounts taken. More threatening letters. In may and june they sent me standing order mandates which i filled in and sent back. Unfortunately My bank account does not do standing orders so I contacted Lowells and told them so. they replied saying they would put my account on hold an contact me in due course. since that time i have sent them 4 postal orders as my monthly payment and 3 letters asking them to allow me to pay via the bank as postal orders cost more than the bank. Have i had a reply. have i heck. In my last letter i said that if they do not reply this time i would hold my payment back and seek advice but I'm not sure if that's the right thing to do. Im sorry if this is long winded but it helps to get it off my chest. With the increase in my outgoings due to the economy I'm finding things a struggle so my questions are: Are lowells allowed to take into account my disability living allowance when working out how much i should be paying: Are they allowed to ignore letters sent to them and: I want to reduce my monthly payments to a level i can afford. My outgoings a high because of my health and mobility problems. Just a foot note. I also have a debt bought by cabot and i have had no problems with them at all. Many thanks in advance
  22. Hi everyone. I'm a newbie to this sort of thing so I'll have a look around before i have a go at getting help. From what I've seen already this site is a great resource tool in dealing with unscrupulous businsesse.
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