Thanks for that, much appreciated.

Hi

It is Hamptons Legal. On the last correspondence I had from their collection company "Red" they said they would not be corresponding with me again and passing it to a Solicitors, so, I had assumed it was a Solicitors, but on further inspection of the letter, it is another subsidiary of Lowell (silly me).

They have also somehow found out my home telephone number which is ex-directory and are calling constantly. So much so I have had to put the thing on silent.

Good morning.

Sadly still getting harassed about this.

I had continued to receive threatening letters mentioning that

they would petition to bankrupt me or issue a summons.

They passed the debt to their own in-house debt collectors

(if you can call "passed" they probably walked across the room and stuck it on someone else's desk!)

who again were sending these threats.

I replied to this debt collectors a few months ago referring them to my previous correspondence

with Lowell and told them that according to Guidance Notes issued by the OFT

on sections 77, 78 and 79 of the CCA 1974 the duty to give information

to debtors and the consequences of non-compliance on the enforceability of the agreement.

I also referred them to the Credit Service Association and suggested that they were breaking the code

of conduct and that I also believed that they are in breach of the Consumer Protection

from Unfair Trading Regs 2008.

I received a reply from Lowell re the letter I sent.

They stated that they had complied with all legal requirements

and guidance and that they haven't breached the CPUTR guidelines.

I continued to receive letters again from their debt collection agency

and now I am receiving letters from a Solicitors threatening court action.

I do have a couple of other things in my favour.

When they sent the so called copy credit agreement

(as previously mentioned a blank piece of paper with my name and old address on)

(1) they only sent statements from 2009 until 2010

(2)The statements were not signed

(3) The balance on the last statement does not agree with the amount they are chasing me for.

Do I continue to sit tight?

Or should I be replying the letter from the Solicitors?

Apologies for bringing this up again, but, I suffer from anxiety and these letters are making my health suffer.

Many thanks once again.

Very interesting news. I went through hell last year because they refused a home assessment because I have agoraphobia. They ignored my doctor's appeal and I had to get my MP involved, before they actually backed down. My health deteriorated a lot because of the stress.

I actually found this thread via the CAG email, but, I just thought I would let a mod know that the email link wouldn't work for me. (I'm on chrome if it's any help).

Thanks all, my SAR is being posted today. Will see what they come back with.

I haven't been able to get in the garage yet, my old back has gone, so thought I may as well get the letter in the post.

Thank you for the prompt response. It was Ford Credit, you jogged my memory, thank you. Found this thread about possibly going to the underwriter (see the last post)

http://www.consumeractiongroup.co.uk/forum/showthread.php?131364-Ford-Credit-PPI-FOS-say-No!

I seem to recall getting the same patter from the sales person as the other CAG member in the OP of that thread. I do have some odd paperwork in the garage, so will give it a rummage through just in case. No harm in looking

Thanks again!!

Hi

This is probably a long shot. I have only just remembered I had PPI on some car finance I took out with a Ford Dealership in the year 1999 (I think). I have no paperwork at all left and the dealership is no longer at the same premises.

I'm thinking it was probably Evans Halshaw, but not even sure of that. The dealership was on Station Brow or Stanifield Lane (part of same road) in Leyland, Lancashire. I have looked on google and it isn't bringing up a thing (even in images).

1. Would this dealership have been a franchise?

2. Am I flogging a dead horse?

Thanks, as always.

Hi posting for a friend please.

A friend had two bank accounts with Lloyds. There are balances on both accounts (totalling £1100). We put in a claim last year for Bank Charges (a bit late I know, according to MSE it can still be done), the case is currently with the FOS awaiting a final decision.

He keeps getting letters from DCA's acting on behalf of Lloyds and has now received a threatening letter from a DCA's Solicitor.

Lloyds are fully aware that this case is with the FOS.

Are the DCA's allowed to continue to chase the debt even though it is under query and with the FOS?

Furthermore, the amount they are claiming is incorrect. Lloyds Bank sent a letter in March 2013 waiving some of the interest charged being £350 across both accounts. The Solicitor's letter does not include this discount.

Many thanks

Thanks for the reply Andy.

The Claim Form was issued by United Utilities not a Solicitor, it was signed by Head of Legal.

I've just had a look at his file and he did receive a letter from UU Legal Department dated 15 April 2013 warning of possible court action. (Although considering the charges only began on 1 April I was surprised they sent a demanding letter like that so soon!!)

From the letter:-

I am instructed by United Utilities PLC to recover your outstanding services charges.

 

The amount you owe is £409. To prevent legal action you should pay this amount within 14 days.

 

Failure to pay will result in recovery action been taken against you for the full outstanding balance on your account. If formal legal action is taken, legal fees and court costs will also be added, increasing the total amount you owe by at least £100.

I found UU Code of Practice in relation to debt, but it doesn't make anything clearer.

http://www.unitedutilities.com/documents/Code_of_practice_debt_recovery.pdf

Hi, this is an enquiry on behalf of a friend of mine (he is 65 so was not quite on the ball with bills etc).

He received his United Utilities water bill in March 2013 (for the year 2013/2014), it asked that he pay 50% in April and 50% in August. He normally pays it in full straight away, but due to his financial situation hadn't paid it at the time. He mentioned it to me so I told him to bring his bill round and I would look into setting up a direct debit.

On 31 May 2013 I set him up an online account and tried to set up a direct debit for him, but, their website wouldn't allow me to do it so he told me to pay half the bill which they were demanding.

Two days later he received a Court Summons for the full amount for the year (just over £400). I defended the claim stating that he had paid a total of 6 months of his account before receiving the summons and that also he disputed the fee they have charged for Solicitors costs of £50 as they had completed the summons in-house and not used a Solicitor. I know I may be wrong on this point hence the thread.

I paid the balance of the bill in full on 4 July 2013. We hadn't heard anything from the court office so I phoned them a couple of times for updates. The last time I phoned them in October they told me that United Utilities had not replied and should have done so by July. I asked her then if the case would be struck out and she said no and that the case is on hold and put to stay.

He has had no correspondence from the Court since sending in the defence and according to this link he should have received a Directions Questionnaire http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex306-eng.pdf

However, in this link it says the following;

After you reply

 

The court will decide if you owe the money.

 

It may ask you for more information, and will send you a letter if you have to go to a court hearing.

https://www.gov.uk/respond-to-court-claim-for-money/deny-owing-the-money

Now I checked his UU online account and it is showing an entry for Fees and Costs amounting to £80 (£30 court fees and £50 Solicitors fees).

What is his legal position here? Does he still owe UU £80? and can we get this case struck out?

When I became ill a few years ago I ended up defaulting on a number of debts and stupidly stuck my head in the sand.

Lowell ended up buying a few of my debts and

the first I knew of it was when I was handed a stat demand in respect of one of the debts on my doorstep.

I have entered into a payment plan on that and the SD was cancelled.

MY PROBLEM

One of the debts which was Barclaycard (not the above one) can not be enforced as there is no CCA and

the account was opened in 1999.

Lowell have admitted in writing that they do not hold the CCA,

Although Lowell purchased the debt there are two defaults in respect of it on my credit report

- one being Barclaycard and one being Lowell.

Surely having the same debt defaulted twice on my credit file is wrong?

There is however a note on my credit report next to the Barclaycard debt saying "Satisfied" in the balance column.

Furthermore, the amount reported is incorrect and Barclaycard admitted that the statements

don't tally to the balance they were collecting.

Having looked at this document from the ICO posted in another thread regarding defaults.

It states the Lender should have a credit agreement and the balance should be correct.

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Is there anything I can do to have one or both of these defaults removed?

Hi there gers, as you are probably aware the best course of action would be to close the bookmaker/gambling site account.

If you can't stop, is it worth cancelling your internet connection/smart phone so you can't gamble online? Have you tried GA at all?

To be honest, although the credit card company have been lacking, I don't think they can't be held responsible for your actions. Call them and tell them to put an immediate stop on your card so no further damage can be done.

I'm sorry I can't be more helpful, but wish you the best and hope you can recover from this.

Thank you for the other advice. There was no need for probate or letters of administration after her passing.

The records office asked me to provide photographic ID and a utility bill, so I emailed these over to them after I created this thread with the signed Application for copy records, I will see what they come back with.

If your mother was considered medically competent to reach her own decision, then you don't have to be asked to consent or assent.

Normal practice would be to advise the patient to allow it to be discussed with the next of kin, but if the patient refuses they can't discuss it with you while they remain alive. I'm not saying this happened but you would need to see the notes to be sure.

 

If the patient can't consent, you can't consent on their behalf.

This also means that they don't HAVE to ask you if you agree to the LCP (in other words seek your consent), although it is 'good practice' to ensure the next of kin is aware and agrees (assent, rather than consent).

 

The notes should document what what discussed with whom, and when, as well as how any decision was reached (and again, with whom).

From my understanding the LCP was drawn up between the NHS and Marie Curie. This is what it says in the Marie Curie leaflet.

How will patients and families know if the LCP is

being used?

Doctors and nurses must discuss the decision to

use the LCP to support a patient’s care with the

family. There should never be an occasion where

families are unaware that their loved one is being

supported by the LCP. Where this occurs, the LCP is

being used improperly.

http://www.mariecurie.org.uk/Documents/Q812-LCP-carer-info-5-26-nov.pdf

Not only was that not discussed, but, there are other things that occurred in her care at the hospital that I have concerns about. My mum was in a coma, she spoke to me about 3am following the day of her admittance, then after prompting spoke to my sister too, but it was disregarded and they continued not to give her any fluids or take any other action, they didnt even examine her. Again in the Marie Curie leaflet it says this:

If the patient’s condition improves can the LCP

be discontinued?

Yes – some patients do improve while on the LCP.

Use of the LCP can be discontinued if the patient’s

condition improves.

There is another matter regarding removing life support, but I would rather not get into that.

Hi

I only found out via news reports earlier this year about the Liverpool Care Pathway. My mother died in 2009 and I now believe she was put on this Pathway, although we were not informed and our permission was not asked. Having looked into this a little I believe our permission HAD to be granted and the hospital acted unlawfully. Other things also occured and I want to see what has been recorded about this as I believe a couple of things are suspicious.

I have put in a SAR and FOI request to the hospital. I originally asked all my questions under the FOI and was told by the hospital they could only answer some questions under that, if I wanted to get a copy of my mother's hospital records I needed to put in a SAR. I emailed the hospital back and they said they would pass this onto the Records Department.

Today I received an email stating the following (I copied and pasted it)

In order to make disclosure, the Trust needs to be satisfied that one of these grounds arises. Accordingly, can I ask you to supply either:-

• A copy of the Grant of Probate (and permission from the executor to release the records to you if you are not the executor)

• If there is no Will in existence, then a copy of the Letters of Administration (and permission from the administrator to release the records to you if you are not the administrator). Letters of Administration can be obtained by a solicitor or family/relatives can apply for Letters of Administration.

• If you have a legal claim arising out of the patient's the death, please provide details of the nature of, and basis for, such a claim.

There is no Will, Probate or Letters of Administration because my mother did not leave any money. Do I legally have to provide the Letters of Administration before they will answer this request? I looked into getting these LOA and it is a bit daunting, you have to go to the Probate Office, there isn't one near me, but I also suffer from severe agoraphobia so I would struggle to go in any instance.

Thank you

Edit actually, looking at the third point, if I say this presumably they will provide the information?

No I haven't admitted anything, I have referred to "the alleged debt" in correspondence.

Also, earlier in the thread I was advised to contact OFT and FOS, what, if any benefit would this be to me?

They have threatened various debt collection scenarios i.e sending a debt collector round, putting an attachment on my earnings and passing the account to their Solicitor.

They placed my account on hold last month and said I had 30 days to reply, at which time debt collection will start again. I don't think there is any point replying to them anymore.

Hi everyone, just to let you know, they replied and they DO NOT hold a copy of the original credit agreement. Huzzah.

So my next question is, when does the debt become statute barred? Last payment was 2009, but my last correspondence to them was 2013.

Many thanks!

Thank you for all the help, especially postggj and DD

Have drafted the letter now, will get it off to them and see what comes of it.

Thanks very much

Oh I see

Can anyone else expand on that is DD is busy?

Would like to get this nipped in the bud to be honest, its playing on my mind a bit. They issued a stat demand on a different debt and I had to go to court, cant be doing with that upset again.

Thanks

No claim received they are just sending nasty letters

Thanks thats ace, will update in due course

You guys are fab!

Hi there an update and further help if possible?

There is no PPI as someone asked above.

I included a view of your remarks into my letter inc the case mentioned in the last post.

TO CLARIFY AS I HAVE NOT UPDATED THE THREAD FOR A WHILE; THE SUPPOSED RECONSTITUTED CREDIT AGREEMENT WAS A PIECE OF PAPER WITH MY NAME AND PREVIOUS ADDRESS ON, NOTHING MORE.

REPLY FROM LOWELL

1. The original signed agreement need not to be supplied as a reconstituted copy of the agreement is sufficient provided it contains the name and address of the person as it was when the credit agreement was signed and

2. The terms and conditions of the credit agreement have been varied following the date entered into then a copy of the last varied terms should also be supplied.

In summary the information that has been sent to you in response to your section 77/78 request complies with all legal requirements and regulatory guidance and we are not aware of any other query you have against this account.

They have given me two weeks to respond.

Helllllllllllllllp please

Thanks, the Practice Manager at my Doctors is away, I have to wait until tommorrow until I can speak to someone.

I contacted my MP, just had an email from his advisor saying my MP has written to ATOS to ask for a home visit. Will see what happens.

I should be grateful if you could possibly help me.

I have been on ESA Benefit since I damaged my back in 2008. I also have several other medical problems including schizophrenia and severe agoraphobia. My agoraphobia has become so bad that I cannot sit in my own living room on my own as I have severe panic attacks and often I will have a panic attack just making a cup of coffee. I have lived in my bedroom since it the agoraphobia took hold in 2009 and have rarely been out since then.

In 2012 it took me 8 months to get the courage to go and see the Doctor with several problems I have had and then I had to go on an emergency visit. In recent weeks I have become so ill with further back problems and depression that I had to get the Doctor to come out and see me because I am too scared to leave the house.

I have needed to see a dentist for over 12 months and I am in pain, despite this I am too scared to go.

In April this year, I received the yearly medical questionaire from Atos Healthcare and on this form I asked for a home visit (which has always been provided in the past). I then received a letter stating I had to go to Atos Assessment Centre on 12 June 2013. I phoned Atos regarding this telling them it really isn't possible for me to do so. The lady I spoke to told me that I had to get my Doctors to fax them advising them why I could not attend (on a Leeds fax number) . As I had not heard anything from Atos last week I phoned them again and they had given me the wrong fax number, instead the lady I spoke to this time told me to get the Doctors to fax the letter to a Manchester fax number.

I have now received a letter from Atos Healthcare this morning stating that I need to attend a medical at Atos Examination Centre on 27 June. They state they have received medical evidence but they have decided that there is insufficient evidence to support a home visit.

I have been told that if I do not attend this assessment my benefits will be stopped. There is actually no way I can attend this assessment due to my poor health and their letter today has left me feeling sick to the stomach. I've had a panic attack, have been sick and can't eat.

Is there anything I can do?

Thanks starry, much appreciated. Added to both you and the other poster's rep.