Jump to content


  • Tweets

  • Posts

    • Hi all,        I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. So would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue?   Anyway, if it's more helpful, I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, so put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
    • There is a plea guilty website...   Screenshot 2024-05-22 144200.pdf
    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

OH HSBC credit card debt


benjibutton
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4040 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 223
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

OK benji,

 

We need to put together a formal disputeb letter to sort out Freds, this I can do but need info:

 

1. Name of the card issuer.#

2. The DCAs that have chased it.

3. Have any allged ''agreements'' been supplied?

4. Default Date

5. Date of last payment.

6. Do Lowell show as owners of the debt on credit files.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Excuse my chipping in, Benji, I see you've heeded advice to respond to Fredrickson's threat and I respect your choice. However, I'm extremely concerned to see suggestions which may prompt DCAs to feel that by merely sticking LBA on a letter, CAG users can be drawn into letter tennis.

The letter quoted is the second of a standard chain of four.

Had you ignored it you would have received next another LBA, this time on Carter letterhead and finally a discount letter from Fred's. Then it goes back to the originator - Lowell in this case.

I present this info just for others viewing who may receive the same tripe. As I said, I am not attempting to deflect you Benji from your chosen path and I understand your position, so good luck to you. I am just averse to giving these dogs bones to enjoy.

Link to post
Share on other sites

Oleg. No one is giving any thing to Freds in this situation, it has become clear that these DCAs are becoming more and more litigious particulary Lowells who are involved here, your scenario is may occasionally occur but is not definite.

Lowells will take action themselves or get an assignee to do it for them.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • 2 months later...

Hi Everyone OH has a completely unenforceable debt orinally with a bank for CC, been though the hands of 14 different DCAs' and keeps getting passed on. For the last 2 years lowlife keep passing it around their tame underlings - now going round for second time.My question is should I bother to reply with prove it type letters and serious dispute go aways ( which costs me postage) or just ignore or report to OFT for harrassment?

Thank You

Link to post
Share on other sites

Hi

approx 5 + years ago. I know that lowlifes are powerless because they would have acted by now,and that pass round will increase the nearer it gets to being S.B

but don't want to rock any boats Just wondered Cheers benji

Link to post
Share on other sites

How do you know that it is totally unenforceable ?

 

I am assuming that it is now with Lowells, so you need to be aware that Lowells are issuing statutory demands like confetti at the present time . They do not seem at all concerned that many of them are being set aside.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

What stage are Lowell at with this now, Hamptons, Red or Lowell Financial?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Hi Benji,

 

When is this going to SB, as citizen B has said Lowell throwing SDs around on relatively small debt.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

... so you need to be aware that Lowells are issuing statutory demands like confetti at the present time . They do not seem at all concerned that many of them are being set aside.

 

How much does it cost a company like Lowells to issue a SD?

 

Is there a cost in getting it set aside?

 

If it is set aside can one claim any compensation for it being issued in the first place?

Link to post
Share on other sites

A SD has no court fee attached to it, I could write one now and given that it contains all the relevant details it is legal.

There is a cost of £45.00 if a hearing is not required (uncontested set aside) or £80 .00 if a hearing is needed, fees are

paid up front.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

A SD has no court fee attached to it, I could write one now and given that it contains all the relevant details it is legal.

There is a cost of £45.00 if a hearing is not required (uncontested set aside) or £80 .00 if a hearing is needed, fees are

paid up front.

 

Thank you Brig, I presume the fees are paid by the writer of the SD.

Do we have any stats on what percentage of contested SDs Lowells or any of the other scumbags continue to press to court?

Link to post
Share on other sites

The recipient of the SD pays for the set aside up front, the issue of a Stat demand may have cost for the claimant eg process servers fees.

 

The majority of the Lowell SDs we have seen on CAG have been successfully been challenged I have dealt with some recently elsewhere that have also been set aside.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

So if this procedure costs the Debt owner nothing and automatically costs the debtor £45/£80 to contest why do all of them not do this it seems like a stick to beat all debtors with that costs nothing.

 

Seems extremely unfair that it cost them nothing but the debtor has to pay to defend. As I presume the debtor is in the smelly stuff if the SD is uncontested?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...