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foggy123

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  1. Hello, Sorry its been a while but I have been waiting for a response from the FOS. I have been liaising with Lowell if that is the right word, seeking compensation and above all clearing my name. They requested court documents, which I provided copies of, too Lowell and they clearly state after evidence read in Court that the Bankruptcy Order be set aside and dismissed.The outcome was according to Lowells this debt was still active for a further six years because I acknowledge the debt with the first and only payment they took but as a goodwill gesture they would cease chasing this debt. Yea right that would be until the next set of managers took over and the whole sorry saga would begin again. I had already sent my case to the FOS and therefore told Lowell that I was continuing my complaint through the FOS. Well they must be rubbing their hands with glee because the FOS say Lowell have stated this was about a case that had already been heard in Court knowing I am sure that the Ombudsman will not take that on. I made it clear that this was not about the Court case because that had finished but a new complaint about Bullying and Harassment for a debt that is not mine. They have chosen to believe Lowell. I have written asking them to explain how they came to this conclusion because they also say they have read correspondence between myself and Lowell well if they have they would know it was not about the Court case but the continued bullying and harassment. by Lowell. I will not stop here though and I will let it be known that the FOS are unwilling to help when it is blatantly obvious Lowells are breaking debt collecting law.I have asked the FOS to put in writing how they reached this decision and also to refer my case to an adjudicator or supply me with the name and I will do it myself. I am not expecting anything from them but i will have explored every avenue. I am not giving up I will fight on. Thank you for listening I will keep you updated.
  2. Hello. Well I have taken some free advice and it was interesting. On the Set Aside Legal Courts decision it says the reason for the Setting aside was on Evidence Produced in Court. It would appear that I no longer have to fight with Lowell on whose debt this is as it was decided in a Court of Law. The setting aside and dismissal was ruled on evidence submitted and not at the Lowell Group request as they have stated. I was advised to contact them and advise them of the Setting Aside and Dismissal ruling and give them a figure of compensation which I would be willing to accept.This gives them a chance to settle before I take this further.I quoted £20,000 as advised. All that I have to prove now is that I was treated unfairly and if the FOS and or a solicitor take this matter to a conclusion it would cost the Lowell Group Mega Bucks. Can this be correct? we will see because I do intend to fight to a conclusion once and for all. Needless to say Lowell have not replied.
  3. We have all Data for the account, letters from Capital One and her replies (when she first got into difficulties). Activity in her Bank Account to Capital One. The name of the person she was dealing with at Lowell once they took over the debt. Surely the FOS would also look at our evidence???? maybe not in this real world.
  4. If you are loath to recommend the FOS what are my best options of redress. Court has proved to be a minefield and large companies have the best Barristers something the little people cannot afford. I have not heard yet whether the FOS are willing to take on this case.
  5. Thank you for that info on "Gesture of Goodwill" so it means then, I take it, that they paid all costs because of the evidence, which proved they were in the wrong, and not because they were consumed with Goodwill. Stephen Hunter knew that and as I said before I had the feeling he would not take subsequent payment, although he had relevant Bank Details. I still have the e-mails of my discussions with him and everything was in place for Lowell to take payments and facilitate my account. They failed to act on this.
  6. They state the Bankruptcy was Annulled and Dismissed by the Request of Lowell. They dismiss statute barred because I acknowledge the debt with the first payment. It is only my belief that the account is in my daughters name. They have signed evidence from Capital One. Lowell paid all costs as a gesture of goodwill. I set up a repayment arrangement with Stephen Hunter which led to the annulment and dismissal at Lowells request. They will start chasing the debt again after 28 days and trust I will not go to the FOS.
  7. Do you mean Censor the letter by removing personal details? Yes I will do that.
  8. Hello, Well I have had a response from Lowell and after reading it carefully I feel they have second guessed the outcome. They contradict themselves and the rest is just untrue. I have kept all my dealings with all parties and crucially my correspondence with the Court. I hope that the FOS will take this case on .I have replied just to say I have passed my complaint to the FOS
  9. Hello, Just a quick update. I received an e-mail from Lowell on Friday thanking me for my patience and that it was taking them longer to complete the investigation and as it had exceeded the eight weeks deadline that I was entitled to go to The Financial Ombudsman but they trust that wouldn't be necessary .I forwarded my complaint to the Ombudsman on Saturday and then informed Lowell of my decision. I am awaiting a response from the Ombudsman I believe they can act if you have been treated unfairly. I think I qualify for that so we will see.
  10. Hello, Thank you all so much, I have replied to Lowells with a very strong letter, which your comments have helped me to do. I am in the process of reopening my case with the OFT. Its nothing short of scandalous Lowells handling of this case and I intend to take it as far as possible now. I will keep you informed and thank you again.
  11. I think they are not pursuing my daughter because if they accepted that the account is hers they would be pursuing a statute barred debt.The account is now eight years old, and had it been mine, well yes they were in there rights to pursue, because they started proceedings before the Debt became statute barred. If they now started to Pursue my daughter they would be pursuing a statute barred debt.We have always been willing to settle this debt amicably but have been blocked by Lowell to make payments in my daughters name.Although I was criticised in Court for my attempt at defending myself the Judge thought me honest and that I was speaking the truth. Which I was. An e mail from Lowells saying we have made a mistake and we have not been collecting your daughters payments I would have responded by sending the Bank information again but no they have started accusing and threatening me again and as a result any good will has been crushed. If I give my permission now for a third party to pay this debt I would be making myself responsible for a debt that is not mine.
  12. Ha you are right. When I tried to contact the OFT by telephone there is a recording saying if your complaint is re Debt Collecting that they are inundated and there will be a delay in their response. What a surprise.
  13. I feel you are right because they are quoting annulment in their correspondence and it clearly says dismissed on my Court summing up. I will clarify it with the Court. Thank you
  14. Hello, I feel Lowell are accusing me of fraud in a thinly veiled way. Their Barrister did the same thing before we went into one of the hearings and when I told the Judge she backtracked and denied having said it. I see Stephen Hunter has left so they are stabbing in the dark. Strange but I always got the feeling he would not collect the payments.He knew Lowell had come close to a compensation pay out hence the offer from Lowell of paying all the costs incurred. I still have his e mails and I always stressed on my replies that the debt was not mine.They are saying that because I acknowledge the debt with the first payment of £50 through my account that makes me responsible. I have in writing from Stephen Hunter the arrangement and that I would be using my account on behalf of my Daughter. How strong can I make my reply to them I will contact OFT and have this latest debacle added to my original case with them. Thank you Foggy123
  15. Hello, Just a quick question, Is having the Petition for Bankruptcy Dismissed the same as having it Annulled. If you remember I was made Bankrupt whilst at Jury Service and I applied to have it set aside because I had sought the Courts permission to attend Jury Service before hand.
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