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    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
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Lowell Financial


Fairy Jane
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A debt become Statute Barred if 6 years (5 in Scotland) pass without a payment being made or a written acknowledgement made regarding the debt. Once a debt becomes Statute Barred it can never become enforcable. A DCA may ask you to pay it but you are under NO LEGAL OBLIGATION to do so. If you inform them that you will not be paying then they are in breach of OFT guidelines if thecontinue to harras you for the money. They may well commit an offence under the Administration of Justice Act.

 

An important thing to note is that the onus of proof rests with the DCA to prove the debt is not Statute BArred not on the debtor to prove it is.

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Lowells letters follow a cycle. They will go round in circles nopefully so much so that they will disappear up their own ................................................................................................ I think you know

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Of the two activities - I can knit but haven't done so for some years.............. and the other activity - I detest doing that - my husband calls my ironing pile Mount Vesuvius!!! Will just watch the soaps instead. Thanks for the advice.

 

FJ

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Hi Everyone,

 

I would first of all like to thank you for all this information and I am really pleased I researched before reply to Lowell letters.

 

My situation like many got out hand as a youngster and was in debt with one or two card companies some 7 plus years ago.

 

I have been receiving letters/ postcards (2nd class) stating that they want to visit, I should call them so they can assist with a repayment scheme and even to orgainse a vist from their meat heads!!!

 

Firstly if i am reading this right then a debt which is over 6 years old they haven't really got a chance as this is more likley to be statute barred, or shortly getting to that stage.

 

What should I do, as I dont have the money and dont really want them knocking on my door? Is the first letter that Shane states they best course of action firstly, then after ask for a CCA.

 

I would really like some assistance if anyone could help me with this.

 

thanks

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  • 2 weeks later...

Hi Guys and Girls

 

Just reading through the mountain of posts re Lowells. Can't believe so much has gone on in the last couple of weeks. Have been poorly and not being up to sit in front of computer. Doc says almost got an ulcer. Is it any surprise. Anyway just wondered if I should still be sitting and waiting. Haven't received anything else since I sent my letter requesting confirmation being statute barred apart from their letter which crossed in the post as previously mentioned. Hate waiting and would like to know if I should do anything else.

 

Regards.

 

Fairy Jane.

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Although in a CCA Request you expressly mention the £1 fee is only to be used for the request itself, many companies allocate it to the account anyway and try to use it as debt ownership.

 

you only need send a CCA Request if they can prove the debt is not statue barred, if they can't the debt is completely unenforcable.

 

regards,

shane

 

 

 

Lowell asked me to send £10

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Ah but when they cash the money I can then proved they opened the letter which had the CCA request in.

 

As it was also signed for it is undeniable.

 

Worth letting them take me to court to spend all their money for me to have them pay the costs.

 

:)

 

 

Which is probably £9.99 more than they paid for the debt. Send them nowt. There is no fee for you tell them a debt is Statute Barred
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fairly jane, i too had a debt with Lowell financial and i called them and we arranged a payment plan. at the end of the day you owe the money as i did. my advice would be to call them and set up an arrangement, the last thing you want to do is ignore it, they have the ability and right to take you to court and secure the debt by having a charge on your property.

 

it's about time you and everyone else who owes money pay it back instead of trying to get out of paying your debts.

 

millions of us pay our debts why shouldnt you!!!

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fairly jane, i too had a debt with Lowell financial and i called them and we arranged a payment plan. at the end of the day you owe the money as i did. my advice would be to call them and set up an arrangement, the last thing you want to do is ignore it, they have the ability and right to take you to court and secure the debt by having a charge on your property.

 

it's about time you and everyone else who owes money pay it back instead of trying to get out of paying your debts.

 

millions of us pay our debts why shouldnt you!!!

 

 

Hi Seth, glad you could drag yourself away from "The Woolpack" :)

 

Just out of interest how much did you borrow from Lowells???

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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just pay your debts like the majority of us have to!!! it is because of people like you that people like me have to pay more interest and bank charges so it cover yoour loses.

 

i have 3 debts 2 with Lowells and 1 with Cabot, i found both of them reasonable

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fairly jane, i too had a debt with Lowell financial and i called them and we arranged a payment plan. at the end of the day you owe the money as i did. my advice would be to call them and set up an arrangement, the last thing you want to do is ignore it, they have the ability and right to take you to court and secure the debt by having a charge on your property.

 

it's about time you and everyone else who owes money pay it back instead of trying to get out of paying your debts.

 

millions of us pay our debts why shouldnt you!!!

 

just pay your debts like the majority of us have to!!! it is because of people like you that people like me have to pay more interest and bank charges so it cover yoour loses.

 

i have 3 debts 2 with Lowells and 1 with Cabot, i found both of them reasonable

Arent you the lucky one.:rolleyes:

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Seth Jensen do not believe all you were told by your friends in Lowell and Cabot.

 

To get a charge on your property they have to obtain a CCJ. To obtain a CCJ they have to prove a debt is owed, to prove a debt is owed they need an executed CCA.

 

They CANNOT get a CCJ on a Statute Barred Debt. They can actually do NOTHING on a Statute Barred debt.

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ODC

 

fairy janes debt is not statute barred, she has said she paid moorcroft in 2003. the fact she paid something surely would be enough to get a CCJ, would it not?

 

 

But why leave it so long?? The debtor could move home, become seriously ill, emigrate, or even die in the meantime. Why they don't get a CCJ is the very crux of the whole thing.

 

Perhaps they can't....have you considered that possibility???

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Consumer Action Group and Bank Action Group, do not condone debt avoidance merely by the exploitation of loopholes, but similarly we do not condone debt enforcement by the means of manufacturing certain elements, and purporting to meet requirements put in place by Parliament.

 

I have a feeling sethjenson2 that you are a Lowells employee, so you are not new to this trying to work it out. I maybe wrong, but i don't think so.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ODC

 

you obviously disagree and think not paying debts back should be the norm!!

 

is this correct

You can think whatever you want or toe the Lowell part line. I have never condoned debt avoidance. Similarly I do not condone paying your emplyers huge sums for a debt they cannot prove and bought for pennies. In my dealings with DCAs I expect them to abide by the law. In my experience with Lowells they flout the law continuously so they can expect nothing but contempt from me. The Limitations Act 198o S5 is quite clear as are the OFT Guidelines on Debt Collection. The sooner DCAs act within the law and behave like normal human beings the more success they may have. The more people they abuse and threaten the more they drive to sites like this.:-)
  • Haha 1

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just pay your debts like the majority of us have to!!! it is because of people like you that people like me have to pay more interest and bank charges so it cover yoour loses.

 

i have 3 debts 2 with Lowells and 1 with Cabot, i found both of them reasonable

 

Sterling advice there Seth. If I took that advice I would be paying Lowell's nearly £4k for debts which aren't even mine because these intellectually challenged bloodsuckers have got the wrong person.

 

Given the choice between giving £4k I don't owe to Lowell's or withdrawing it from savings in £5 denominations which I'd individually roll and then insert in my rear end whilst singing 'Everybody loves a Sailor' I can state for a certainty that I'd go for the latter option

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