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losingmymind last won the day on April 1 2011

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About losingmymind

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  1. As I'm busy tomorrow and cannot guarantee being near the computer I've now submitted my defence. What happens next? Thx
  2. Thanks Andy and dx. Will submit at almost the 11th hour, unless there is a reason for me to do it today?
  3. Ok, defence is due by this Friday, so here's my first draft (cobbled together from others I have read here on the forum). Please can someone check it over and amend where necessary? Many thanks. Particulars of Claim for reference only 1.The Defendant entered into a Consumer Credit Act 1974 regulated agreement with Vanquis under account reference XXXX 2. The Defendant failed to maintain the required payments and arrears began to accrue 3. The Agreement was later assigned to the Claimant on 23/09/2019 and notice given to the Defendant 4. Despite repeated re
  4. I've received a response from Lowell Solicitors in relation to the CPR request. It says when the card was taken out, last payment and when the default was reported to the CRAs. "We confirm that our client has not claimed to have entered into any contract directly with you, nor to have been a party to your contract with the original creditor. The benefit of that contract was lawfully assigned to our client pusuant to Section 136 of the Law of Property Act 1925 and the required Notice of Assignment was sent to you. Please find enclosed a copy of the Notice of
  5. It's not a loophole then that I can use against them for not following correct procedure? I've been reading a lot... and it's getting confusing at times. Those letters are now in the post. Just AOS to do now.
  6. CCA and CPR are going in the post today. In the meantime I have received a 'notice of claim' from Lowells solicitors dated one week after the claim date, in which I have been told that Legal Proceedings have now been issued and that I will shortly receive a County Court Claim from Northampton. Is this right? Should I have received this before the actual claim or not? Thx
  7. Thank you. Looks like I've got plenty to do. A quick question... hypothetically speaking, if I chose to go the route of accepting the claim but asked for time to pay would they still get a CCJ registered against me?
  8. Hello, I received a County Court claim from Lowell over the weekend and have been perusing the forum to find out what to do about it. So, here goes, and advice very much appreciated. I haven't done anything yet, not acknowledged it or done the CCA request. Should I be doing that now? Thanks in advance. Name of the Claimant ? Lowell Portfolio Ltd Date of issue – top right hand corner of the claim form – 26 Oct 2020 (it arrived on Saturday, so lost the first 5 days thanks to postal service only delivering to my house once a week!)
  9. I have been on the phone to the Pensions Advisory Service and the Pensions Ombudsman today (they're not in the same office any more) and have been told my case is one for the Financial Ombudsman because it is based on the financial advice I was given all those years ago. Looks like I'm just going to have to wait for my turn for my case to be looked into.
  10. I do see where you are going with this, but when I originally decided I was going to make a complaint I followed HSBC's outline for making a complaint and they're not responding to me, hence me taking it to the financial ombudsman (case not been allocated yet, so I'm going to speak with the Pensions Advisory Service tomorrow and decide whether I need to withdraw that complaint and pursue through the Pensions Ombudsman instead) Are you saying that there should be a proper complaints procedure for this sort of complaint and that I may need to start the process all over again?
  11. I see what you mean. Although the mis-selling actually happened in the 90s, long story short, I thought it had been dealt with back then, but then found out two years ago that there was a pension still in existence, although by then it had been transferred or sold to ReAssure to manage. given that I have only been aware of this for under two years I do think I fall into the 3 years time limit. I have been communicating with HSBC (not that they've reciprocated - they have ignored every communication sent) about the issue since last summer and ha
  12. Hi ericsbrother, thanks for your reply. I looked into the Pensions Ombudsman last year and their information says that they can't help with the mis-selling of pensions, but I will contact the Pensions Advisory Service to double check.
  13. Yes, that's it in a nutshell, although it's Teachers Pensions. Maybe LGPS was before my time?
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