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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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bman2906

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Hello All

 

I hope somebody can give me some advice on how to return my life to normal. (This is my first post so if I am posting in a way that I should not please let me know.)

 

I currently have three defaults, the one is due to drop off at the beginning of June 08 so my thought process is to let this run its course.

 

The other two seem to be more of a bigger problem. They are both for the same debt (Is this legal?) The first is with vodaphone (ex singlepoint) and marked as satisfied for 57 the second is with 1st credit and marked as satisfied for £72. Vodaphone are refusing to remove the default even though I never recieved the default notice and first credit have the cheek to tell me that the debt is still outstanding and that thier client are unable to provide a copy of the agreement or statements..

On top of this I have today found a final statement from singlepoint with a £25 credit on.

 

I have read through countless pages of wonderful advice from all you brilliant poeple out there and understand that I now need to request a S.A.R, however my real question is do you think I have a solid case to pursue. Desperatly need to get a mortgage this year and do not want to go down the sub prime route.

 

Any advice would be gratefully appreciated.

 

bman.:|

 

ps sorry again if this post is in the wrong place or inappropriate.

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hi bman2906

 

on the face of it, i would say you have a strong case for removal of at least one default marker without much hassle

 

it is not possible to default the same account twice, so try this letter to the cra's in the first instance

 

Dear Sir Or Madam

 

FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

NOTICE TO CORRECT DATA UNDER DATA PROTECTION ACT 1998

 

 

I note that you have registered a default on XXth against account XXXXXX on XXXXX. Subsequently, you have issued a default notice on DATE.

 

 

Default is defined by the credit reference agencies as the termination of account for cause.

 

 

It is not possible to default an account twice, since by definition the account has already been closed. Attempting to register a default X years after already registering one is against the guidelines issued by the information commissioner, and is regarded as an unfair practice.

 

Please take this as a request to correct data under the Data Protection Act 1998.

 

Please send me a copy of your complaints procedure as required by law, with acknowledgement of this formal complaint.

 

Yours Faithfully,

 

XXXX. (type don't sign)


Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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Hi bman, speaking for experience may I say well done on taking step 1 to getting you debts and life back under control :)

 

Default removal is my area of specific intrest and so have done an awful lot of reading over the past year. Based on what i have read and on the situation you describ I'd certainly agree you have a sound argument.

 

1 default is about to drop off and vselym vbmenu_register("postmenu_1500114", true); 's letter above will remove the other. Your quite right that you need to get the SAR in and it sounds liek you've sent the CCA request and got a negative hit.

 

No agreement = no default but my plan i think would get the SAR info back and see if you can strengthen the case (i.e a repeat of no agreement and/or no default notice) then make a request for default removal based on that.

 

See what the info you get back says though and check what you do and do not owe then read read read so your reayd, if necessary, to take it all the way to court.

 

Let us know how it goes :)


************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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Interesting. I had a letter from 1st Credit the other day; it appears that the water people got a CCJ by default on a property I owned but never lived in. Although they had my correspondence address they didn't use it.

 

1st credit were, as I expected, immensely unhelpful, but I have now tracked it down and it seems that 1st Credit have added to the judgment amount, almost doubling it. No wonder they were unwilling to provide a breakdown.

 

Since not only did I not receive the claim, I also live outside the Court's jurisdiction, so it'll be easy enough to set aside.

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How did this go Bman.. any result?


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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