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    • Well firstly you haven't addressed my question as to when it was purchased. Secondly, is there another model which has the same functions that you are looking for?
    • Update further reply:    The Pitman centres are all franchise businesses so individually owned businesses, any refund would need to be sought from the centre that you paid the money to.   Of course we are sorry to hear about your personal circumstances, howeve, you have purchased the diploma three years ago, generally students complete the diploma within 12 months. You haven’t said which centre you purchased the diploma from but I would  say after 3 years  I would tend to agree with the centre in that you would not be entitled to a refund.   Anyone able to help?
    • 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.      
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WormHasTurned

CL finance/cohen claimform - GE Store Card 'debt'

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There are quite a few Howard Cohen defended cases on CAG at the moment....however the default must be compliant too....!!


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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Well I submitted the N149 saying I still hadn't had some of the requested documents, and that I was willing to mediate and hoping to settle.

 

Also responded to Cohen's offer with what I can afford - which is not a lump sum, but continuing to pay at the rate previously agreed until cleared.

 

Have had a reply from the court saying the claim is stayed for 28 days to give us the opportunity mediate/settle.

 

At this stage I feel more positive - and hope I can get a result that doesn't end in a CCJ.

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Hello

 

I have a debt which went to court in 2009 and I negotiated with the mediation service

and came to a settlement agreement to pay £5 per month until paid in full.

 

"The action will be stayed and the parties will consent to an order in the terms of the attached Tomlin Order"

 

This DCA has written to let me know they have sold this debt on to another DCA.

 

I emailed the new DCA over 3 weeks ago, asking for their bank details

so I could continue to pay by standing order,

 

but all I have had from them - yesterday - was a letter asking me to complete a financial statement

along with my offer of payment - and still no bank details.

 

Are they allowed to ask for increased payments and a financial statement?

 

Thanks for your help

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no.

 

who's it from and too?

 

name names please

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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No, I dont think they are - the Tomlin order formed an agreement which is valid. The new owner cannot change the terms. Having purchased the debt, the new owner has to stick to what has been agreed.


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Hello dx100uk -

 

- is that "no" to "Are they allowed to ask for increased payments and a financial statement?"

or "no" to "does the agreement still stand?

 

It was CL Finance and has been sold to Robinson Way.

 

Thanks

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cl finance are robbers way sadly

 

so its not been sold then.

 

all part of the hoist group I think now

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Banking details should remain the same for accounts transferred... Not an assignment in the strictest sense, as DX notes all within the hoist group.

 

Did the Tomlin schedule allow for periodic reviews or was it set at a fixed sum until repaid in full?

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£5 per month by standing order by the xx of each month until paid in full.

 

I'm concerned that they are trying to set me up break this agreement by not giving me the account details to continue with the Standing Order. Or should I continue to pay into the old account (though I have now missed the correct payment date this month).

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here's an extract from the note of assignment

 

"CL Finance has assigned all of the rights, obligations and benefits associated with the above account to Hoist Portfolio Holding Limited (HPH Ltd) to whom all monies are now due. Please note that should you wish to discuss any aspect of this matter, you should contact HPH Ltd's appointed recovery agents Robinson Way Limited on 0845 266 8876, who will be happy to assist. It is essential that all payments and correspondence be sent to them at: Robinson Way Ltd etc etc"

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Is that really the wording? You can't assign obligations. You can only assign rights. The obligations stay with the assignor. You can't sell liabilities like that.


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No, I dont think they are - the Tomlin order formed an agreement which is valid. The new owner cannot change the terms. Having purchased the debt, the new owner has to stick to what has been agreed.

 

Correct.

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is that really the wording? You can't assign obligations. You can only assign rights. The obligations stay with the assignor. You can't sell liabilities like that.

 

 

 

 

 

The sale of a debt singly or as part of a portfolio is sold with "all the rights and obligations of the original agreement.

 

See HMRC VATFIN3215.


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If its being collected via cl's old account number ending 4136 with sort code 16-14-17 Hoist control that account and would be able to reconcile your standing order with the data it holds... if it isn't then its probably simplest to telephone it for the correct banking details.

 

Not sure what arguing the matter would ultimately achieve? There may be a case that you cannot assign an order with inherent non disclosure privilege, taking it to the extreme the assignee has no lawful right to inspect the schedule as this was formed between the 2 parties to the case and should remain privileged. You could by all means object but I'd assume it would apply to the court as an interested 3rd party, which would leave you at risk of costs.

 

I'd be inclined to reinstate the standing order with immediate effect and send it a copy of the order with a polite notice that you suggest it complies and makes no further attempt to draw you into renogiating the terms.

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