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Lillychick

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About Lillychick

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  1. Hello I thought I’d just report my partial success with this matter after taking it to the FOS. I’ve not had the paper work through yet, just a phonecall with an adjudicator at the FOS. As I understand it the amount awarded and subsequently being used to offset the original debt was in respect of loans 3 & 4 joined together. As loan 4 was a rollover and partially used to pay off the balance on loan 3, the FOS have advised WF that they shouldnt withhold the PPI refund due in respect of loan 3. WF have agreed and will be making an offer of just short of £600. The amount used to offset is now just over £1000. The difference is because the PPI was front loaded and loan 3 paid off early with loan 4. I hope that makes sense? The adjudicator advised that as offsetting is standard and accepted I’d be unlikely to be successful with pursuing that angle for the balance. I can of course take it on to an ombudsman if I wanted to. I won’t be though. So whilst my offsetting complaint wasn’t a success, it was worth taking it further and having the sums looked at properly. I just thought that this info may be useful to others pursuing WF for multiple claims. Thank you again for the advice. I will make a donation to help you great people keep helping the rest of us. Take Care
  2. Incidentally has anyone ever asked WF in this situation for proof that they did ‘re-purchase’ the debt and are indeed the legal owners? I’ve been thinking about how difficult it must be to track such a debt down after all that time. Not only that but surely there is no guarantee they will be able to re-purchase? Not straw clutching just genuinely curious about why they are so confident they can easily re-purchase a debt and if people are being put off taking it further because they think it’s a lost cause. Surely they would need to prove ownership of the debt to justify keeping any compensation?
  3. Possibly. I did move around a lot back then. I felt sure I was still paying WF when I moved to my current place, but I can’t be absolutely certain.
  4. Thanks for the quick reply. That’s pretty much what I thought but just needed it confirming. Oh well. Strangely I don’t recall ever being pursued for this debt by a third party after I defaulted And yes I’m in E&W
  5. Hello Not been on the forum for a while. I hope everyone is well. I recently made 4 sperate claims for PPI to Welcome for unsecured loans taken out in 2001/2/3/4. I successfully claimed for 2001/2 loans through Aviva as the underwriters of the insurance. These have been settled and paid to me. I’ve received correspondence from WF about the 2003/4 loans. They have upheld my complaint on both and the sum due is around £2.5 K. They have also said however that my account was sold to a third party with a balance of over £3K and that the intend to re-purchase the account and apply my compensation to that balance. They have sent me a form to sign to agree to this, which obviously I’m not going to do. Firstly I’m unable to verify the amount they say is outstanding on my account. When my SAR arrived it contained all of the loan agreements and 3 printed statements pertaining to the first three loans but not the final one which I obviously defaulted on. When I queried this they said they had sent everything that they held for me. How they’ve managed to arrive at how much was owed when they’ve said that 4th statement didn’t exist is one thing. The amount does seem high to me as the 4th loan was for just over £4K and I was paying it (albeit it an agreed reduced rate) until at least mid 2008. Is there any further I can go with this or it the end of the line? I’ve read about Welcome offsetting on some other threads so I’m not hopeful. Also I assume the paperwork they’ve sent is with the intention of resurrecting the debt if anyone is daft enough to sign and send it back. Are they likely or even can they resurrect the debt on the back of the successful claim without the signed paperwork? Thanks in advance for any advice.
  6. Quick update.......nothing major. 2 lots of corre received from Lowell Sols. The first a notice of claim dated 12/04/2017. today a letter acknowledging the request for documents and informing family member that original docs have been requested from Cap One. There was also a 'copy' of a notice of assignment which the letter states was originally issued on 11/04/2017 (family member didnt recieve this and as it's fairly recent I believe him) Mistakes I've noticed on this document are that is titled a Notice of Acting and is on Lowell Sols headed paper so not a notice of assignment then. I'm assuming they hope this will suffice as the notice of assignment requested in the CPR?? Despite stating it was issued on the 10/04/2017 ithe document itself is dated 11/04/2017. Also the POC On the claim form state the original debt is £375.83 but both the Notice of claim letter and Notice of acting letter copy both have the original debt amount as £347.99 so another mistake. The credit file just has it s £374. it would seem the county court claim form may have the wrong amount on it. Should I be querying this or is it just best to be left looking like an incompetent mess on their part? And I won't forget the filing date for the defence DX. I don't know how to edit my post but I meant 10th & 11th of MARCH, not April for the date the supposed 'Notice of Assignment'
  7. Unfortunately it would seem not. I managed to pin down said family member this morning. I've looked at his credit file myself. A/C start date was 06/04/2011 Date of default 02/02/2013 A painfully long phonecall to Cap One revealed a last payment date of 10/08/2012 which seems to fit. I did suspect he may have had his dates wrong so I wasn't too hopeful of it being SB. CCA and CPR were posted this morning.
  8. I shall get him to ring Cap one. I'm not convinced his last payment was in 2011, I don't imagine that's correct with the default date. The default date matches his credit file. So possibly the last payment was later. CCA And CPR Ready for the post office on Saturday. As always, many thanks for your reply. I shall update the thread when I have news.
  9. Hi everyone, it's been a while since I've been here. I'm dealing with the above for a family member. I have already acknowledged service on MCOL and ticked defend all. Am I correct in thinking the next steps are CCA to Cap One and CPR31.14 to the solicitor? Do I need to SAR anyone? Name of the Claimant ? Lowell Portfolio Ltd Date of issue – 07 April 2017 What is the claim for – 1. THe defendant entered into a Consumer Credit Act 1974 agreement with Capital One under account reference xxxxxxx (the agreement) 2. The defendant failed to maintain the required payments and a default notice was served and not complied with. 3. The agreement was later assigned to the claimant on 26/09/2013 and notice given to the defendant. 4. Despite repeated requests for payment the sum of £3xx.xx remains due and outstanding And the claimant claims a. The said sum of £3xx.xx B. 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 £0.076, but limited to one year, being £27.xx C. Costs What is the value of the claim? £46x.xx Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD When did you enter into the original agreement before or after 2007? I am unsure of this. After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Portfolio ltd Were you aware the account had been assigned did you receive a Notice of Assignment? No notice of assignment was received Did you receive a Default Notice from the original creditor? Family member doesn't recall Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? One was received a few months ago but none prior to that Why did you cease payments? He was made redundant from his job and was struggling with a few debts he had at the time What was the date of your last payment? Sime time in 2011 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Thanks in advance
  10. GOOD NEWS! WH have filed a Notice of Discontinuance with the court. Apparently a hard copy has been sent to me but I've not received it yet, I'm not sure if my postie has been yet. The court have confirmed though that the whole claim has been dis-continued and the case removed from the list tomorrow. First bit of good news I've had in a while! Thank you so much for the help and advice given. Also thanks the people who post info on their cases. It helps people like me hugely. I've made a small donation to the site. Every little helps.
  11. Thank you both. I appreciate the replies. I'm not nervous about going. In my distant past I spent a number of years working in a court setting, albeit nothing to do with these types of cases. I am at least familiar with the court etiquette and how that works. I can't imagine it's changed much. I did ring the nice lady again today and still no papers received. I feel like I'm on a countdown now. Thanks again
  12. Thanks Martin. When you say they would have served papers by now, can you elaborate on what papers you mean? They did have a deadline to serve papers but they haven't., hence the request for more time and an adjournment. The deadline was 24th March. Their request stated that Cabot could need up to 8 weeks to locate the required documents. I'm not sure why another 8 weeks on top of the 6+ months they've already had will yield anything? Unless the documents were only requested when someone realised a court date was imminent. Sorry I'm not up on this and am really doggy paddling here. Their request for an adjournment and a time extension was requested 1 day before the deadline for papers to filed with the court and defendant. The lady I spoke to today said I was told about the adjournment and time extension denial by phone because of the short notice. She said the last contact from WH had been that request and they'd also been contacted by telephone about the denial. What are the chances of someone from WH actually turning up?
  13. Thanks guys. I will be attending on Friday regardless. I have spoken to a very helpful lady at the court who says no further contact has been made from WH and she has assured me she will contact me by phone if anything happens before Friday.
  14. Hello folks, I thought I would post an update on my case. Unfortunately for me, shortly after all this happened I was thrown a giant curveball Healthwise that has kind of engulfed me for the last few months. Onwards and upwards. After filing my defence I was contacted by the mediation service. After a brief conversation they concluded that mediation wasn't appropriate as I didn't acknowledge the debt. I recieved a court date for my local court which is on Friday this week 8/4. I've submitted my documents to the court, WH and also Cabot. There wasn't much as I hadn't heard a peep from either of them. I only had my proofs of postage for my CCA request to Cabot and my request for docs to WH, as well as copies of those requests, WH reply to me early October 2015 acknowledging my request and telling me they had requested docs from Cabot. That was it. Nothing at all from Cabot. Last week I recieved a copy of an adjournment request from WH. They had asked the court for a 6 week adjournment to obtain the docs I'd requested. Over 6 months later? Okay. I had a phone message from the court today informing me the adjournment had been denied and the case is going ahead on Friday. I'm hoping this can only be good news and no documents will be forthcoming by Friday. I have not given this matter the attention that I normally would have. I have chemo brain fog! (it's true....it does exist!) Hopefully I have done enough by asking for the documents I did and keeping tabs on what little paperwork there was, enough to look like I did what I could. They clearly haven't did very much or anything at all. I will of course let you know what happens on Friday. Apologies again for the lack of follow up. I do know it helps others to post info on these cases.
  15. Ok this is what I've put together. Largely taken from the list of examples in the link. So thank you to everyone who posts them. What with my rustiness and time constraints, I'm mighty relieved for the help. POC 1.The claimants claim is for debts arising from consumer credit Act 1974 agreements. 2.The claimant is an assignee of the following debts, notice of assignment having been given t the defendant in writing. [/color] Bank of Scotland Aqua card credit card. Account number (16 digit number) £18xx.xx. 3.Despite demands for payment, the above sums remain due. The claimant therefore claims the sum of £18xx.xx interest under s.69 County courts act 1984 and costs. DEFENCE The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. I have in the past had financial dealings with Bank of Scotland. I have not had any financial dealings with the claimant. I am not aware of and have not been given the written Notice of Assignment referred to in the Particulars of Claim. I have received no demands for payment from the claimant. I have received no statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt. It is my understanding and pursuant to the CCA 2006 amendments that the claimant is prevented from any enforcement during this lack of service. Notwithstanding the above, requests for information pursuant to the consumer credit Act (section 78) and CPR 31.14 were made. The requests were sent on 24th September 2015 by Recorded Delivery Post. Both the claimant and their solicitors received the requests on 25th September 2015. To date I have received no response or acknowledgement from the claimant. I received a letter from the claimant’s solicitor on 3rd October 2015 stating that they had requested the relevant documentation from their client. I have received no correspondence from them since. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer Credit Act 1974 It is denied with regards to the Defendant owing any alleged monies to Cabot Financial (UK) Limited. 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; and © evidence of any nature of breach and show service of a Default Notice and Notice of sums in Arrears. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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