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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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odds

Lloyds Credit Card- now Moorcroft taking over?

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I wrote to the CC Office in Brighton on 8th November,

after taking advice from CCCS.

 

 

I used a template supplied by them and explained my situation.

I also included an expenditure sheet.

 

They failed to respond to this,

I sent another copy to Financial Management Units regarding my CC.

This letter was accompanied with one about my personal loan and was sent on 23rd November.

 

I have had a response about my loan but nothing about my CC, so they obviously have the letter.

Now I have just received my latest bill saying last months payment wasn't made and they want it.

Why would they not reply to my letter ?

Do I need to send it again ?

How can you make these people sit up and bloody listen ?

You are always advised to contact your debtors straightaway, which I have done. My problem is they wont reply !!!! :mad:

 

 

Pete.

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Hi odds,

 

Welcome to the CAG. If you having financial problems with DCA`s or bully banks then your in the right place. There are lots of good people on here with the same and worse problems than you and they all chip together to help each other out.

 

You can`t make Lloyds sit up and listen, because they are morons, it`s as simple as that.

 

May I ask when you took the Credit Card out? I mean, how old is the card? I`m in the same position as you, but I haven`t made payments for a few months now, as they have ignored my CCA request.

 

You should send these morons a CCA request -

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

You need letter `N` and also include a £1 Postal Order to cover the request fee. Send it Recorded Delivery or Special Delivery if your funds stretch, or you could even take your addressed envelope into your local Lloyds TSB Branch and hand it over, make sure you get a receit for it.

 

They have 12+2 days to fulfill your request, after that they are in Default and you can legally stop payments. If they haven`t fulfilled your request after a further 30 calendar days they have then commited a Criminal Offence and you can report them to Trading Standards, The Office Of Fair Trading and The Financial Ombudsman Service, who will charge these morons £400 for investigating your complaint.

 

DO NOT SIGN your letter, only print your name. They may not have a signed Credit Agreement and you don`t want to give them your signature to copy and paste.

 

Also, from now on, DO NOT SPEAK to them on the phone, everything must be in writing and keep a copy of all letters sent and received.

 

If they turn up with a CCA, then you could scan it up on here (excluding private information) for others to check, it may be invalid.

 

As I mentioned earlier, LLoyds are a bully bank and there are a lot of people on here with a lot of problems with them.

 

I CCA`d them a few months ago, and they have totally blanked my request. They even used the £1 to pay towards the Credit Card. They are still demanding money from me and have started the nastly threatograms. But, they are now in Criminal ground, so every move they make against me builds my defense. I haven`t paid them for around 3-4 months now, and if they do turn up with a valid CCA, I will defend on Unlawfull charges and missold PPI.

 

I think that`s all for now, no doubt someone with more knowledge and experience will be along soon to guide you on your way.

 

I hope this helps, if so, please click the scales at the bottom of your window, thanks.

 

I`ll watch with great interest.

 

You`ve already made the best move you can, by coming on here.

 

Good luck and keep us posted.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi again,

 

One more thought, how old is your loan. You can CCA loans also.

 

Remember, if they don`t have a valid CCA, then you can legally stop payments and that will put you in the driving seat with these muppets. Of course they will still bully and intimidate you but can`t make you pay without a CCA. Of course, this is if your CC and load are under the Consumer Credit Act 1974 and not the new 2006 Act.

 

Remember, everything in writing now!

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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I am having the same problem,I have now sent two letters asking to reduce payments accompanied by expenditure sheets and still no reply.

I cancelled direct debit(account also with lloyds)and they still took a payment.

I now have my wages paid into another bank.

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Hi barneydouble,

 

You`ve just reminded me actually about using a different bank account.

 

Yes, you should also setup a new account with another bank now, this will stop them taking any money you have.

 

Have you also CCA`d them barney? Perhaps you should start your own thread on this.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Thanks for the replies people. I'm not looking for any technicalities to get out of the debt. I am unable to work temporarily due to me waiting for a heart operation. All I wanted from them was a few months grace till I have the op and then reassess the situation. The loan is only 2 yrs old and I still owe 7.5k. I've had the CC longer and that has 9.5k on it.

I'm going to look into Bankruptcy if they keep giving me the runaround and then they will get sod all.

 

Pete.

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Hi odds,

 

We`re not suggesting you use this information to get out of debt, more like to take control of it.

 

you say you need a few months grace while you get yourself sorted out. That may be the case, but everyone knows the chances of the Bank being NICE to you is very slim. They are more likely to lash you with missed payment charges and higher interest than to try and help you.

 

Bankruptcy is the VERY BOTTOM line, you have a long way to go before you hit rock bottom.

 

As you have already found out, the Bank has completely blanked your communications, so you should think of other ways to tackle this.

 

I have been with TSB (Lloyds TSB) for 22 years and they have never helped me once, lashed with charges when things went pear shaped but tried to help by offering me a £25,000 loan to get out of debt, yeah, right.

 

You could try the CCA route and if they don`t have the correct documents, it would totally put the ball in your court, where you could keep it for a while.

 

I`m sure others on here will have their own opions on this also.

 

Keep fighting.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Thanks NP. It's just so frustrating when you are trying to do the right thing, It's like banging your head against a brick wall :(

 

Pete.

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Hi odds,

 

No worries mate. I know exactly what you mean. I used to be the most honest guy around, always paying my way and helping others when I can, but as soon as you start having problems with money, for whatever reason, the Banks don`t seem to care. They just want you money and nothing else.

 

It`s a known fact that Britain is pretty much bankrupt, but who`s fault is that. I`d say the Banks and Lenders for irresponsible lending, and then bombarding us with loans and credit cards.

 

We can`t tell you what to do, but maybe it`s time that you fought back. The thing, we are all acting in a legal manner, it`s the Banks and DCA`s that often go over the line, with their threatening and intimidating manner.

 

Any time you feel you need to talk and get anything off your chest, you know where to find us.

 

Stop worrying, you`ll find lots of advice in here and also make new friends along the way.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Lloyds are the hardest one I think. We have ongoing battle on current account where they actually owe us £1K in charges more than we owe them. Every time we get nasty letter they get one back. Think we need to issue proceedings to get rid.

 

Credit card - still waiting for CCA since June last year and they have sent us set of statements and think they have complied. I am actually bored with the series of threatograms and have stopped replying.

 

I agree with you NP about irresponsible lending - it is my pet subject - my credit card limits were increased massively by the same banks I was in difficulties with and when I put it all on spreadsheets I had long since repaid the capital borrowed.


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Stop worrying, you`ll find lots of advice in here and also make new friends along the way.

 

Regards

 

N.P

Cheers Mate

You couldn't lend me 17k could you old mate ;)

4 Calls again today, last 2 were at 20:15, one of them to my mobile.

Is it right to ignore these calls as I have told them to communicate in writing only. This was after just taking the first call off some stroppy bitch last Saturday. :mad:

I am also logging times and dates of calls, so that when they start getting picky they can have my log of calls.

 

Pete.

 

Pete.

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Hi Goldlady,

 

Thanks for adding your own experiences. I personnaly think odds may need a kick start to get going with this one, so the more that joins in with their input, the better. I know I was nervous about taking on the DCA`s and Banks, but once you start you can`t see, to get enough of it, LOL.

 

Is your Credit Card with Lloyds TSB also? How old is your card? Are you still paying these muppets? Do you have a thread I can subb to?

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi NP and Odds.

 

Glad to be of help if I can. I have no idea how old LTSB card is due to the fact that they can't find my agreement:D but think probably about 15-20 years old. No I am not paying them anything. Have similar situation with about five cards as well as this one.

 

18 months ago I was on the verge of declaring myself bankrupt, terrified to answer the phone, hassle from all and sundry. I would agree that once you overcome the fear and intimidation the DCAs throw at you it gives you the strength to sort out your life. It is now a game. After all I have got nothing to lose really, having spent many hours filling in my bankruptcy petition.


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi odds,

 

There is a Telephone Harassement Template on this site somewhere, not sure where though, I can`t seem to find it. Does anyone know where this is?

 

Your probably best off NOT speaking to them from now on. Simply keep logging calls and times, they will soon give in if you don`t speak to them, we have ALL been through it. The calls WILL dwindle away.

 

Once you get the letter awy to them, and they still keep calling, you could then report the numpties to Trading Standards. Or, even start legal action if they are seriously annoying you. But remember, they are calling to bull**** you into paying loads of money you can`t afford, so you need to start your own ball rolling on this ASAFP.

 

Keep us posted mate.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Hi odds,

 

I`ve finally found what I was looking for. Have a read through this thread - http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/99361-you-being-harassed-telephone.html

 

Also, you may like to fire off this letter to the empty heads that have nothing else in their life, other than to annoy the hell out of you -

 

 

 

MORONS COMPANY NAME

MORONS STREET

MORONS TOWN

MORONS CITY

MORONS POSTCODE

 

 

 

DATE HERE

 

 

 

 

 

Re: Harassment By Telephone

 

 

Administration Of Justice Act 1970

 

Protection From Harassment Act 1997, Communications Act (2003)

 

 

 

 

 

 

 

 

 

 

Dear Morons,

 

ACCOUNT NUMBER: XXXXXXX

 

I am writing in relation to the quantity and frequency of telephone calls that we have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop on a number of occasions, yet we are still receiving calls.

 

I now require all further correspondence from your company to be made in WRITING ONLY.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office Of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be logged and recorded and used as evidence in any harassment action taken against you.

 

Yours faithfully,

 

 

 

ME (PRINT - DON`T SIGN)

 

 

 

Right, that should do the trick, anything else, just ask.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Even after such a short time on here I'm beginning now to realise that the Banks are quite happy to lend you money, and trust me I could afford it easily at the time so there is no blame on them in that respect. It's like you said, if it goes pear shaped they hang you out to dry.

Just as an interesting little point. When I went to the bank for this loan, I had about 3 months left on my previous one which I was paying off at the same rate per month. The guy actually said that the checks indicated I couldn't afford it, despite paying the same amount for the last 3 years. So he said "Never mind that, I'll overide it" :)

Anyway, the reason I am a bit wary of asking for CCAs and SARs is that I think that they will think I am getting a bit above my station and start getting even more bolshy with me :)

 

Thanks for your replies N.P, I feel a bit more at ease now :)

 

Pete.

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Anyway, the reason I am a bit wary of asking for CCAs and SARs is that I think that they will think I am getting a bit above my station and start getting even more bolshy with me :)

Pete.

 

That is how they want you to feel and I really understand what you mean.

 

But you need to take a step back and realise that they preyed on you when you were vulnerable (as you explain above about not being able to afford the loan). Once the you know what hits the fan they will not care about you (if they ever did). Yes they will get bolshy, but they will anyway if you can't make the payments.

 

You can still ask for CCAs and SARs without stopping payments. I have done this with some of mine so I know where I stand should the happy time come when I can make them a full and final settlement offer.


BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Hi odds and Goldlady,

 

Glad to see your feeling better. You know, you don`t really have anything to lose by CCA`ing them. It seem`s your in trouble anyway whichever way you turn, so you might as well do things your way.

 

Whack a CCA request into them and see what they come up with. If they do come up with a valid one then fling a SAR at them to see if any unlawfull charges have been applied. Like I said, you have nothing to lose now. Let them know you know you ****, even if you don`t we are here to help you along the way. You will even start to enjoy the challenge once you fire off your first letter, beleive me. The days of the Banks and Debt Collectors bulling people are long gone, although they still try, LOL.

 

And, like Goldlady mentioned, they prayed on you when you were down and vulnerable, it`s all about money with them, and nothing else. Your just another statistic who owe`s money. To us, your a friend who need`s help. Just ignore all the bolshy crap, it`s just bully tactics and intimidation techniques.

 

Also, giving you another loan when they even said you couldn`t afford payments, well, what a bunch of muppets! They owe you an explanation as to why they are trying to trap you into debt.

 

Regards

 

 

N.P

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If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Also, giving you another loan when they even said you couldn`t afford payments, well, what a bunch of muppets! They owe you an explanation as to why they are trying to trap you into debt.

 

Regards

 

 

N.P

 

I know this is going to sound so naive and I am quite embarrased (sp) to ask. Will there be any record of that check and his decision to over ride the system, even though he was correct at the time ?

 

Pete.

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Hi odds,

 

Yep, I`m still up, nothing else to do at this time of night. Sleeping is a waste of time, LOL.

 

Maybe a full SAR including any manual intervention would show the check up. If it doesn`t then maybe, they haven`t furnished you with full / all details.

 

A SAR would also show any unlawfull charges on the account.

 

Wether he was correct or not, he still went ahead and over rid the system to give you the loan, when the system clearly said you would struggle. To me, that is simply a case of giving you a loan in order to get even more out of you in the end. Perhaps, they didn`t have a valid agreement for the original loan and decided to get you to sign a proper agreement the second time around to cover themselves. It`s been known to happen.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Just had my first letter regarding my CC. Damn Post Office it is dated 21st December, but no post mark so I don't know when it was actually posted. This was from the Collections Centre in Andover, the same address as the Financial Management Unit.

So they have decided to totally ignore my other letters, which they most certainly received, regarding circumstances and token payment. Looks like I'm gonna have to send it again, registered this time. :mad:

 

Pete.

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Hi odds,

 

Did you receive your letter this morning? Can you scan it up on here or type it out? Don`t forget to leave out the private details.

 

I beleive a Judge will say that if you posted your letters then they WILL have delivered, providing you have proof of postage.

 

Also, like I and others have said, Lloyds TSB are complete morons, who seem to think they are TOO BIG to act inside the law, so they just completely ignore anything you have to say or write.

 

It`s time for a CCA request, then they will have to replay in the correct manner in order for them to enforce the alleged debt. No CCA - Unenforcable Debt - Stale Mate (did I spell that properley?). That then puts you in a position to lead the way then.

 

Let us know.

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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It's just the standard, pay up or contact us immediately one, here it is anyway. There is anothe page but it wont show that I'll have to put it in another post if you want it.

This is the FIRST contact I have had regarding this card.

 

 

CCletterpage1.jpg

 

 

Pete.

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Hi Pete,

 

Yeah, I`ve had a couple of those, just standard boring crap really.

 

Even after I CCA`d the idiots I still received one of them and last week I received a different one, which was a bit more interesting. They still haven`t complied with my CCA request, so I don`t have to give them a thing, which is legal.

 

Do you have any charges on this account?

 

What are you going to do next?

 

Regards

 

 

N.P


If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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Do you have any charges on this account?

 

What are you going to do next?

 

Regards

N.P

They have added £12 late payment charge on this months bill. Minimum payment £375, thats last month and this months minus my £1 I paid last month :)

The bill is dated 20th December and I have contacted them twice well in advance of this in November in writing. So I think I need to re send a letter reminding them of my circumstances and offer the £1 a month untill I have had my heart surgery and then take it from there, seeing as they have totally ignored the first two letters I sent :mad:

At the end of the day if I only have a pound to spare that is all they can have, and I don't even have that to spare !! :)

I might just CCA them at the same time though :)

 

Pete.

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