Alex_Delarge V's Lowell/HSBC **WON**

[TheChancellor]

Alex do not panic. I assume you have applied to have the SD Set Asidee on the grounds that Clownells have not responded to your CCA request. If this is the case then you have done all you need to do. Just go along to the Court on the date in question and tell the Judges this. A Set Aside hearing is a simple matter and will be over fairly quickly. I doubt if the Leeds Losers will be even bothered to turn up. Make sure to ask the Court for your costs

 

 

Well Done ADL Well chuffed for you mate.

 

ODC : Spot On with a Top Tip.Take a bow!

[alfwithhair]

Nice one, another kick in the teeth for the Losers from Leeds

[MONX]

Fantastic!

 

So pleased for you! I told you you wouldnt need luck, you had right on your side.

 

[Alex_DeLarge]

Thanks, could not have done it without the CAG.

[ODC]

Well done Alex. As I predicted the Leeds Losers didnt even bother to turn up and because of their crass stupity and Greed thay now have to pay you. Thats what I call a RESULT.

[DCA-KING]

Did you tell the courts that they failed to produce the documents also did you tell the judge that has they have no documentsthey have no right to process your data i would write to loweels outlining this and that it will be no bother for you to take them on in court again outlining that cost will be a lot high has you with be seeking 10.000 for damages for harrasment and other reasons tell them you will quote 10k and let the courts decide

Regards DK

[Alex_DeLarge]

Its been almost 3 years since I last had any dealings with these jokers, the full story is here link

 

Quick rundown of events, Lowell's tried to bully me into making payments I could not afford, this was after I had made an agreement for an amount I could afford and had been paying on time every month.

 

I then found the C.A.G. and with the help of members on here set about writing some letters, Lowell petitioned for my bankruptcy, I applied for this to be set aside, gathered up all the evidence, CCA request etc and went court. This was in October 2008.

 

Lowell's did not turn up, I won by default and put a claim in for costs (over £200), a couple of weeks later I received a cheque from Lowell’s and thought that was the end of it all.

 

Today I received a statement from them, they are not actually asking for any money, although I can still imagine someone not reading it properly and getting into a panic and contacting them.

 

The date for the opening balance which I have blanked out is 1 week before the date I was in court, the statement does not show any payments made before this date.

 

Just though I'd post it up to see what people think. Is this the start of more harassment and BS or are they actually obliged to send this out?

 

[postggj]

every 12 months a creditor by law has to send out a statement of account

 

just ignore this toilet paper and feed it to the hamster

[Alex_DeLarge]

Thanks, that sounds about right

 

My other debts all became statute barred this month, will I receive a statement for those, now they have tracked me to the new house?

[Alex_DeLarge]

Today I received another letter from Lowell asking for money, how can they do this when the account is in default due to them not being able to satisfy my CCA request (it was aknowledged), over 3 1/2 years ago, the default date was 22/01/2008.

 

Do I have grounds now to take them to court for harassment? I have all of the evidence to support my case and have even been to court and won my set aside case, how can they be doing this?

 

Could they have found a copy of the original CCA?

 

Edited August 2, 2011 by Alex_DeLarge

[Alex_DeLarge]

Anybody have any thoughts on this?

[cerberusalert]

It'll be one of the office cleaners after some commission, you could always send the 'prove it letter' again with an extra paragraph added asking if they remember the court case you won + that you would be more than willing to accept another of their cheques.

[Alex_DeLarge]

I don't want them to stop sending letters, although it would be nice to mention my victory. When I appeared in court the judge could not believe how many letters they had sent me in such a short space of time, and that went in my favour. The more they send this time the stronger my case against them will be.

 

I am thinking, maybe I don't want to wait until they choose to take me to court, they should not be asking me for money as the account in question is in default.

 

Lets see how big a pit they want to dig for themselves.

[Alex_DeLarge]

Another letter today, threatening to send someone round, oh how this brings back memories.

 

Seems nothing has changed, I thought maybe things had tightened up and this sort of behaviour would have stopped by now.

 

What will happen if they issue a second statutory demand?

Edited August 5, 2011 by Alex_DeLarge

[Alex_DeLarge]

It seems I didn't win as they are now threatening me again for this debt http://www.consumeractiongroup.co.uk/forum/showthread.php?314300-Thought-I-had-heard-the-last-of-Lowell-s&p=3510552#post3510552

[Alex_DeLarge]

What will happen happen if they issue a 2nd SD? How would that look in court, seeing as I have already been once for a set aside hearing, and they failed to turn up?

[Alex_DeLarge]

Another letter today threatening court action

[sillygirl1]

All you do is cross reference it to the first one (same as if they had issued a second CCJ against the same alleged debt) and complain to the courts about the abuse of process, and complain to all and sundry as well.

 

They really do not know how to turn off the threatomatic machine at all!

[Alex_DeLarge]

Thanks

[LostAtSea]

Your clearly depressed and suffering from stress due to this harassment, so much so that I think you've forgotten to speak to your GP about it

[vengeancedemon]

Just a quick question, it's mentioned above that creditors are obliged to send an annual statement of account, what is the implication or position if they dont?

Sorry not intending to hijack this at all

[Alex_DeLarge]

A dozen or so letters since last September, one of them is extremely interesting, I would love to see them try and explain it in court, hopefully I will get the chance.

 

Out of interest the first letter I received at the new address from Lowell had the same mistake in the address as my first O2 bill (new contract), it arrived about 2 weeks after the credit check, mid 2011.

 

As the threat-o-matic machine had almost run its course, I took out a new contract with O2, around December 2011, again, within 2 weeks a letter arrived from Lowell, with the same address minus the mistakes, this letter was the first in the series of automated B.S, so the new credit check must reset the machine. It also came with a letter of assignment, on HSBC headed paper, I suspect printed by Lowell, and not worth the paper its written on.

 

It is the amount on this letter that is most interesting, as it relates to the amount sold to Lowell, but that's just it, its the amount minus what I paid off when Lowell first made contact 5 years ago!

 

Maybe they sold it back to HSBC, then they in turn sold it back to Lowell

[Alex_DeLarge]

The alleged debt has now been passed/sold/dumped to Fredrickson International, it's coming up to 4 years since the set aside hearing, and almost 5 years since I made a payment to lowells on an account they failed to prove was mine.

 

All my other debts's are now statue barred as it has been over 7 years since a payment was made, I should really thank lowells, as what I have learned from dealing with them has meant I have now managed to write off debts totaling £14,000+ if lowells had not been so greedy I would have paid them and every other DCA that I owed money to.

 

So lowells did not supply NOA or CCA, my account goes into default due to failure to supply CCA, lowells issue SD, lowells do not appear at court for set aside hearing after issuing SD, set aside was granted, lowells had to pay my costs of over £200 for the day, cheque arrives 2 weeks later, some money donated to CAG and I go out for a nice meal paid for by lowells, thought that was the end of it

 

>>>>>FAST FORWARD 4 years, after 20 or so threatening lettersover the past year, lowell have passed the debt onto another company.

 

I assume they want to pay for another meal, or maybe a nice weekend away this time, I fancy new years eve in Amsterdam.

Edited August 13, 2012 by Alex_DeLarge
spelling

[Bandit127]

Expect the volume to go up on this as it approaches SB.

 

I am no legal expert but I don't think your set aside is an automatic defence to "requests for payment". The debt was not extinguished in your hearing.

 

Personally I would try to ignore anything that stops short of a letter that says (explicitly) Notice of Legal Action. If you get one, then write in disputing the debt informing them it has been in dispute since the hearing and that you will mount a robust defence. The same defence that has already been successful in getting a Set Aside judgement.

 

Hopefully it will sail through the SB date like the Titanic just before the iceberg.

 

The DCAs can then go down with the debt on board.

[Alex_DeLarge]

The account went into default after they failed to supply a copy of the original CCA, that was almost 5 years ago now, they ignored this fact and went ahead with a SD, I did not get to put across my defence to lowell as they did not turn up and I won by default, the judge did however allow me to go through my defence and evidence with her, part of that defence was the fact the account was in default on their part and I should not even be at a set aside hearing, lowell had ignored my reminders, so they were well aware the account was, and still is, in default.

 

There is absolutely no point, nor am I obliged to remind them that the account is in default, they have now passed this alleged debt to a 3rd party, this is a breach, they have also been sending letters demanding money, which they are no longer entitled to do.

 

I will simply wait until I get another SD and then will present evidence from the original hearing 4 years ago. I have this all filed away in order, within these documents is a letter from the court stating that I have been awarded my costs and that lowell have 21 days to forward payment.

 

The debt became unenforceable when they failed to supply the copy of the original CCA I requested, this was almost a year before the set aside hearing, that is probably the reason they did not turn up.