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About DickyRobbo44

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  1. No signed 2016. Does that mean I've done something wrong?
  2. So I sent this on 15/11 without the "XX's", I have received no reply. I was a bit preoccupied (family member died). Whats my next step? Letter before action? Dear Sir/Madam Following media reports, and an investigation into credit card charges by the Office of Fair Trading, which I have recently been made aware of, I now understand, that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law, Statute and Consumer regulations, in that they did not/do not, represent a genuine pre-estimate of your actual costs. I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law, and in consideration of fair business practices and good faith. It is my contention, that you have failed to operate my account in a manner conducive to the above, and have demonstrated a lack of fiduciary duty. I calculate that you have taken £XXX which you have charged me in total. Additionally, you have entered an arrears notice against my credit record. In recent years, Courts have been happy to accept claims for charges whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 © of the limitation act 1980. Should county court action be needed I will be seeking to rely on this. Therefore this letter requests a refund of all charges indicated 14 days from the date of this letter. I request that payment is made directly to me, by cheque, and that any refund in whole or part should not be allocated to any set off or third parties. Should this occur, my claim will be deemed as unsettled and I will proceed to the Courts for recovery. You now have 14 days to respond positively, and in the absence of this, I will put you on notice with a further 14 days, letter before action. I trust this clarifies my position. The unfair penalty notices were charged on; July - £XXXX November - £XXX Yours Faithfully
  3. This is the response I received. Is there anything I can go back with. Basically they are saying because I agreed to the contract I agreed the charges were reasonable. Dear Mr XXXXXX Reference: XXXXXXX Ref: XXXXX Thank you for discussing your complaint with us and giving us an opportunity to look into the issue for you. We are sorry that you remain dissatisfied with the outcome and trust the explanation below explains the reasons for our response. Your Complaint • You said you were dissatisfied with the amount of the direct debit rejection fee and said that you feel £22 is very high in relation to your instalment amount and therefore wanted this justifying Our Position I am really sorry for the inconvenience and distress that you have felt as we always want all of our customers to have a positive experience with us. Having reviewed your account, I can see that your direct debit rejected on our system on 16 June 2018, 26 June 2018 and 14 November 2018. Based on this your account fell into arrears and caused charges to be allocated to your account. I understand that you contacted our offices and expressed dissatisfaction in regards to the fees that had been applied. In regards to the details of your complaint, I would refer you to a copy of your finance agreement under the section “Additional Charges” whereby it details the following information “Charges will be payable under this agreement in the following events: • Recalled Direct Debit Charge; £22 • Returned or Recalled cheques or credit/debit card repayments; £25 • Letters sent to you as a result of a breach of your credit agreement; £25 • Issue of a Default Notice; £50” If you were unhappy with the terms and conditions you were provided full rescission rights; whereby you had 14 days in which to exercise your right to withdraw from the finance. No contact was received from you and the finance was activated as agreed. Although I appreciate that you are unhappy with the terms the general legal position is that someone who accepts a contract is bound by what it says whether or not the contract has either been read or understood before it was executed. Once again, I would just like to thank you for taking the time to share your feedback and remind you of how sorry I am. Outcome Taking into consideration all of the above, I will not be able to uphold your complaint and will now close the file. I apologise if this is not the outcome you wanted, however I hope you will find my explanation to be fair and reasonable. Thank you for taking the time to bring this matter to our attention. At Hitachi Personal Finance we strive to provide the best customer service possible, and rely on customer feedback to achieve this. I trust if you have any issues in the future you will not hesitate to contact the Complaints Team on 0113 380 1065 or by email, complaintsteam@hitachipersonalfinance.co.uk This is our final response in respect of your complaint. If you remain dissatisfied with the outcome in this matter, you have the right to refer your complaint to the Financial Ombudsman Service, free of charge - but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. Please click on the link below to access The Financial Ombudsman Consumer Leaflet. Should you wish to have a paper copy, please contact us and we will arrange for this to be sent to you directly. http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm The link below will provide you with information on how to refer your complaint to the Financial Ombudsman Service. Please copy and paste the link into your web browser. http://www.financial-ombudsman.org.uk/consumer/complaints.htm Yours sincerely
  4. Thanks for the quick responses. Is there a template letter for unfair charges I can only find one relating to bank charges?
  5. Hello all, Unfortunately I was made aware there wasn't enough money in my account to cover a DD to Hitachi. I put money in the account on the same day but it must have been too late as the payment was returned later that day. The next day I have rang up to make payment only to be told there is a £22 charge which is automatically added. Do I have any grounds to claim this back. The credit payment is £25 a month is seems unjustified that the charge is nearly as much. I asked them to clarify what the charge was for but the kept referring me to the contract I signed. This happened 3 or 4 months ago, same scenario, same charge but I think I even rang and paid on the same day but still got charged. Can I claim that these charges are unfair and try to reclaim them? Thanks
  6. Hi all, Can someone please help. Around a month ago I completed a purchase for a £195,000 shared ownership property for which I purcahse 40% shares in at £78,000. Over a month after completing I have recieved an email from my solictiors claiming that HM Revnue and Customs have notified them that "Stamp Duty of £222 falls due on the rent aspect of the new lease. Unfortunately this was not taken into account on your completion statement and is therefore due and owing to them." A few queries on this. Do I have to pay stamp duty being that my share falls below the threshold? Is stamp duty applicable to the rent aspect of the agreement? As far as I was concerned this was all done and dusted now I get this lovely email right before Christmas. Any help greatly appreciated.
  7. I'm going to get her to ring up and go through the budget over the phone with them. Even her paying minimal upkeep to the house she cant afford the repayments. What I also forgot to mention here is she got some bonus last year (small, £50 a time) and they have calculated that as a benefit overpayment of £800 so that along with the CCJ will be the priorities. So with the budget complete with the help of NDL, Im going to offer token repayments to all debts except benefit overpayment and CCJ. Do I still contact the DCA regarding the CCJ? There probably is admin charges etc but I'll deal with those another day.
  8. Her current position is she works 16 hours and is on benefits. We have a son together. I have bought a house and she will be moving in, will be off benefits and at college/university and working part time. Very taken out 09/03/12 Kay and co 04/01/12 Littlewoods 26/11/11 So when she's doing a spread sheet budget, what will she put for rent etc as she will be living with me? We will be basically splitting our combined income in 2.
  9. Hello all, Firstly I would like to say what an amazing forum this is. I got out of debt, I've now got a mortgage and new house ready to move into. People need to realise there is no quick fix for credit files. Now, my partner. We are in no way financially linked by the way, no joint credit, accounts etc. She has a terrible mess of a creit report which I want to help her with to get back on track so she can get on the mortage. Debts with, amount owed etc are: Next Directory, £121 Defaulter on 18/04/14 Lowell (Very), £183 Defualted on 07/01/14 Lowell (Kay and Co), £365, Defaulted on 07/08/13 Lowell (Littlewoods), £762, defaulted on 23/08/13 Lowell (o2), £593 defaulted on 22/02/10 (removed this Febraury) Lowell (3), £602 defaulted on 06/11/09 (removed from file this Novemeber) CCJ for £382 02/07/14 not sure what that is for. As you can see, a mess but we want to start sorting it out so in 5/6 years time she will be debt free. Where would you start? Obviously dont want to stir the pot and awaken Lowell to the accounts that are nearly expired. Ideally she wants to pay a small sum to each one to start repaying, is this the best option or would you advise a different method?
  10. I just wrote Thanks again for the response. After consideration of your response and the points you made, I have decided to accept your offer outlined in the email you sent. I only request that it is also put in writing to me for my records. To confirm; 1. Lowell will take no further action to recover this debt and the account will be closed 2. The default will be removed from my credit file 3. A payment to me in recognition of my complaint and for any distress or inconvenience this may have caused of £100 in full and final resolution of my complaint. To be honest I would have been over the moon with the default gone let alone £100. Its just intriguing as I didn't ask for compensation and companies like Lowell will only pay if they have to. I now offically have no defaults, no CCJ's not even a late payment once this goes through! Considering 2 years ago I had 5 defaults and a CCJ and constant threats its a big step for me and thanks to everyone on this forum.
  11. Completely agree with the industry, for a few years I've been back and forth with this account. Can someone confirm to me how I should word the reply? I will gladly except as settlement but was thinking of putting the following as stipulations; 1. The default is removed 2. A copy of the email is sent in writing (do i need it?) Anything else? The £100 makes me curious, is it because I likely have PPI to claim? The debt is only £500 so cant think it would be worth chasing.
  12. Ok guys, decided to email directly and not use a template when contacting Lowell, got the following back. Too good to be true???? Dear (removed) Lowell Complaint Reference: removed Lowell Reference: removed Original Creditor: HFC Bank Ltd Thank you for your email dated 4 March 2015 to Mr James Cornell, Chief Executive Officer. I have noted your comments and will respond on behalf of Mr Cornell. Summary of your Complaint You state that the default date for the account is incorrect, as it is should now be subject to Section (5) of the Limitation Act 1980 and you have evidence to support this. Therefore you ask that Lowell stop any legal action to recover this debt and supply evidence that the debt is valid. You are unhappy that we have not responded to your complaint previously regarding the default registered for the above account. Our Findings I was very concerned to learn that the default date for this account may be reported incorrectly and that you had not received a response to your previous complaint regarding this matter. For background information, Lowell Portfolio I Ltd is a specialist debt purchasing company. We purchase customer accounts from various companies and then work with each customer to build realistic and affordable repayment arrangements. In this case, we purchased the account from HFC Bank Ltd on 23 December 2011 and our letter of assignment was sent to you advising you of this. Please be aware that we purchased the above account in good faith believing it to be valid and due. Our records show that this account was opened at PC World on 27 December 2006. The last payment date was 27 November 2007 and HFC Bank Ltd registered the default on 30 November 2011. Once we became the legal owners of the account we were required under the Data Protection Act 1998 to update the default entry to our name. In view of your comments and the above information, it appears that this account is now subject to Section (5) of the Limitation Act 1980 and as such I have requested that the account is returned to us from our outsource agents Fredrickson International Ltd. I can confirm that we will take no further action to recover this debt and once the account is returned I will arrange for it to be closed. In the meantime I have requested for the default to be removed from your credit file. Please allow up to five working days for this administrative process to take place. In regards to your comment that your previous complaint had not been answered, I can see that we disputed the default information with HFC Bank Ltd in February 2014, following a query received through the credit reference agency Callcredit, and a response was sent to you on 20 March 2014. In this response we confirmed that HFC Bank Ltd had issued the default notice to you on 11 November 2008, and had given you 90 days to respond before the default would be registered. However, in view of this information, we did not take the necessary steps to correct the date of the default on your credit file and I apologise for this. Whilst I am satisfied that only since 11 February 2015 has the account become subject to Section (5) of the Limitation Act 1980, I appreciate that we missed the opportunity to correct the reporting of the default date. On this basis, I feel it appropriate to make a payment to you in recognition of your complaint and for any distress or inconvenience this may have caused. I would like to make a payment to you of £100 in full and final resolution of your complaint. I believe this is fair and reasonable, and if you feel able to accept my offer, please advise me by return email so that I can arrange payment. I hope that this response concludes the matter to your satisfaction. If I can be of any further assistance please do not hesitate to contact me on the telephone number 0800 5420 058 or reply to this email. The Financial Ombudsman Service provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have a right to use this service for up to six months from the date of this letter. For more information please visit the Financial Ombudsman’s website using the following hyperlink: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm. Should you require a paper copy of this leaflet, please let us know and we will arrange to send one to you. Yours sincerely Annie Cunningham Customer Relations Officer complaintsresolution@lowellgroup.co.uk 0800 542 0058
  13. In the SB i also added the statement below in relation to adding a default to my file "As a general guide, this may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears" So the guideline is 6 months and mine was 4 years. Is there any joy in calling the ICO or does it have to be dealt with in writing?
  14. I cant find the date Lowell bought the debt. Is it worth sending a SB letter to HFC? How have the guidelines changed? HFC may have placed the default but can they do it 4 years after stating they would?
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