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  1. Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – 17 July 2017 date to submit defence 19 August2017 What is the claim for – 1) The Defendant entered into an agreement with Orange under account reference ..... ('the agreement'). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 18/12/2013 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £465.45 remains due and outstanding. And the Claimant claims a) The said sum of £465.45 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 £0.102, but limited to one year, being £37.24 c) Costs What is the value of the claim? £632.69 including court fees Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone account When did you enter into the original agreement before or after 2007? 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? No, received one letter and then County Court Claim. Did you receive a Default Notice from the original creditor? I don`t think so. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I cancelled the account in full accordance with the original claimant's cancellation procedure. What was the date of your last payment? 26th April 2012 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 management plan? No. Hello everyone, first time here but I have read a few threads on here and seen the great work you guys do. I`ve got this county court claim that came through (22/07/17) as stated above I have gone through the necessary steps as stated in previous cases, that is Acknoweledgement of service (26/07/17), CPR 18,(27/07/2017) and now I am preparing my defence. My question is to do with the reply for the CPR I got from Lowell Solicitors, I received, the cover letter, the notice that they bought my debt and the notice of assignment from orange( very dodgey). Will post attachment if needed. My first question is, in the cover letter they state that my last payment on 26/04/12 was for £60.72 but in actual fact I paid £120 on that day, as backed up by my online bank statement for that month, should I mention this in my defence and if I should how would I word this properly? Secondly because of the nature of the notice of assignment (no official logo, no traceble name, not very professional) is there a way to dispute the disingenuous nature of the letter. Your assistance will be greatly appreciated .Thanks Mike
  2. Hi I work for a small business which has no HR department. It's a combination of the administration manager and the finance department who deal with any HR related matters. I'm leaving the company and have asked for a note of my remaining holiday entitlement. They are saying I have no remaining annual leave as I've taken it all. I haven't. I've only taken 5 days. They say I've taken 16 days (I wish). I can prove that I was in the office on the days they say I was on annual leave but it's a proving to be a battle. When I first handed in my notice I was told I had quite a bit of remaining leave. As soon as I say I want to use some of it, it disappears. Can they take away holiday entitlement? What are my rights as an employee if they refuse to correct their records? The holiday year starts on the 1st April, I'm leaving in October. This has happen before but with sick leave. I was reprimanded for taking too much sick leave after being off for 3 days with the flu. When I asked to see my sickness record they had me off for 8 days. Again I could prove I was in the office on the additional 5 days. They only corrected their records when I threaten to get the union involved. I don't want to do this again, I want to leave peacefully. It's a great company to work for, it's just a shame that the HR side is in a shambles. I'm the only person who carries out the type of work I do. It does create problems when I'm not in the office. Holiday requests are a chore and when I do finally get a holiday my line manager is constantly on the phone and e-mail asking me to do work. Booked holidays are cancelled at the very last minute. Same with sickness. Those 3 days I took off, they were constantly checking on me each day. Even when I was sat in the doctor's reception - every 10 minutes, "have you seen the doctor yet?"!! My theory is the additional sick leave was a ploy to ensure I didn't take anymore sick leave in the fear I would lose my job. Needless to say, this disappearing holiday entitlement does not come as a surprise. Thanks B
  3. Hi, I have called the DWP on a number of occasions now in relation to ESA and everytime I've ended up in an argument with them about whether medicals are largely a mandatory part of the process. Some staff state categorically to me that everyone has to go for a medical, some say that only the terminally ill don't have to attend them. I have generally remained calm when they've stated this but it really infuriates me when they keep pushing the point. I have been awarded ESA a couple of times without having to attend a medical at all and I am not terminally ill. I state this to them and they still tell me I'm wrong.... I know that many people are awarded ESA simply on the basis of the ESA50 or that plus medical evidence which is obvious just from a quick internet search. please check this benefits and work link (what's all this Disney busines?) co.uk/news/2706-no-wca-medical-for-almost-three-quarters-of-esa-claimants Have the rules recently been changed? I was awarded ESA without a medical a couple of years ago. It really infuriates me when DWP staff will not listen to what you're saying and are adamant that what they're saying is true, even when presented with figures to the contrary. Their general tone from the outset is incredibly disrespectful and argumentative. At first I thought this was a one off case but whenever I call I get the same sort of response and normally they just end up hanging up the phone.
  4. I bought a car from CARCRAFT 14 months ago- I have purchased a @DRIVE HAPPY " warranty and paid £1000 for this! Gear box is knackered in my 3 year old car - that I've owned 14 months! And guess what ... They are not paying out... And guess why .... Wear and tear! I was sold this warranty by being took into a back room by a woman - she told me that she had recently had lots of problems with her car and the warranty covered everything!!! She insisted this warranty was amazing best money could buy for " peace of mind!" I am now told that it doesn't cover the gearbox of my 3 year old car that I have had for 14 months ! Because ...... It's wear and tear...., they have a "fairs fair policy" does anyone think that this is fair ??? I have seen my MP today who has asked for documentation from CARCRAFT LIVERPOOL - went down guess what .. . They can't give it to me - I have to write in!!! I am a single mum with 21 month old twins. I have been without my car for 15 days now . They have told me that I can come and collect it but .. The engine is hanging out!! The gearbox is in bits !! And the suspension is not connected!! If I do wish to come and collect my car in bits then I will have to pay near £500 pound for the pleasure ... . Because they want paying this amount for taking out the gearbox to be inspected . . FOR THEIR WARRANTY COMPANY. And for the inspection to be done!!!! Alternatively .. I can give them £1300 to repair the gearbox and get my car back . I should have known better when the first car I bought from them broke down as I drove out the showroom on the east lancs road with my two babies then 6 months old but tiny having been 2 months premature ! I was stranded with the babies !! Then the next day changed it for this one!!! Now this one is not fit for purpose nor has it lasted a reasonable length of time . . As per statutory rights and sales of goods act 1979. Please think about this if you are considering buying from this company !!
  5. Hi, I have recently moved into a property and the first correspondence I received from TVL was a letter stating I have not responded to "previous letters". The letter states that I must keep the letter and take it into court and a guide to "what to expect in court" This is all rather harsh and pressure, what are my legal obligations to buy a TV licence? What do/say I do if they come to my home?
  6. Hi There, I used to work for a reputed UK company few years ago and I was made redundant some time ago. I did not know of my employment rights back then so I simply believed I could not do anything even though I suspected that it was an unfair dismissal because I was the youngest one and I was on the verge of completing 2 years in the company. Anyways, because of this I had to leave UK and come to Canada because I found it extremely hard to find work there. Now that I am in Canada, I had to apply for Permanent Residence and needed a letter from my previous UK employer stating my salary and otehr details. However, they refused to provide me with the letter for few weeks and upon constant emails and me stating that if I did not receive a letter from them, I will not be able to apply for Permanent Residence because deadline was approaching soon. After 'pressurizing' them with emails, they sent a letter which I received after the deadline. I am so stressed now because of all this. Can I formally make a complaint against them because literally they have ruined my life! Thanks guys!
  7. Ok all Have been assisting a friend with this. DWP Debt Centre contacted friend in Dec 2012 stating old social fund load hasn't been paid repay debt. They repaid this debt some 5yrs ago and obviously after such a length of time doesn't have all the paperwork but does have some and 3 letters from DWP stating thank you for payment of £XXX. Now the classic DWP state they mean nothing as DWP own thank you for payment letter isn't a receipt. Gets better one of the letter they have from 5yrs ago matches exactly the recent letter to pay the same debt but from a totally different debt management centre. So what has been done so far: 1. Tier 1 Complant letter sent to DWP Debt Management Centre with copies of previous document and receipts from 5yrs ago asking for full investigation, breakdown of debt amounts and copies of all letters. Note the letter was signed for by them on 27th Jan 2013 (royal mail electronic proof). 2. Friend recently contacted DWP demanding why complaint not responded to and was informed initially not received until pointed out electronic proof signed for. Suddenly admit they have complaint but over 3 months backlog. During conversation it ends up the reason they cannot find debt on system is because it on there old computer system not linked to new system and will look into it and get back to them. DWP contact friend and now insist it is correct and the debt is now for some other imaginary loan must pay and will respond as per complaint. 3. Today friend receives info from DWP or complete lack of info all they received was a) Letter stating amount to pay with no breakdown. b) Payment forms. Now please bear in mind this was a Tier 1 Formal Complaint which they have failed to respond to except what was received today. My thought are. 1. To send another letter now demanding that initial Tier 1 complaint received and signed for by them on 27th Jan 2013 that they have failed to respond to is now dealt with as a Tier 2 complaint and that DWP has also breached its own Debt Management Contact Centre Customer Service Standard. 2. Also sending a Subject Access Request with above letter. These DWP PDFs may be of use to others: What are your opinions
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