Lowell Claimform - old North West Securties/CAPITAL BANK/HBOS Preference Account **CLAIM DISNISSED**

[M3GCO]

Thanks cerb for being so quick (as usual)

 

So the whole letter is just threatening bull s;;t then?

I know its not ethical but is it even legal for them to send such lies??

 

I am not sure if you remember me saying that they sent someone elses application?

 

I am temted to now get in touch with the applicant and take it further.

 

Do you think this would be of any advatage or would they be able to brush it to one side as a clerical error?

 

Also this card had ppi.

 

Can I claim it even if all this is going on.

 

They are ever so slightly starting to bug me so I would like to retaliate a little.

Regards,

[cerberusalert]

So the whole letter is just threatening bull s;;t then?

Designed to intimidate.

I know its not ethical but is it even legal for them to send such lies??

The OFT made this a deceptive and unfair business practice in the 2003 guidance, more recently the OFT and CSA have had some so-called collaboration on how debt letters should be looking.

 

It wouldn't do any harm if you made a complaint to the OFT and Trading Standards enclosing a copy of that letter.

[cerberusalert]

I am not sure if you remember me saying that they sent someone elses application? I am temted to now get in touch with the applicant and take it further. Do you think this would be of any advatage or would they be able to brush it to one side as a clerical error?

Clerical error or not it is a breach of the Data Protection Act & the ICO should be informed.

 

Yes contact the other person so they can complain too + they are entitled to compensation.

Also this card had PPI. Can I claim it even if all this is going on.

Yes you should reclaim the PPI + interest from the original creditor.

[M3GCO]

Forgive my ignorance, CSA?. A letter will be sent next week to them and i will contact the people and urge them to do the same. PPI reclaim a bridge to far you think?

[cerberusalert]

CSA = Credit Services Association.

 

A self congratulatory group who seem to think they have some clout with the regulatory bodies, whereas in fact they are a bunch of debt collectors who've formed a little club & pretend to conform to a code of practice which few have actually read.

[cerberusalert]

If you want a laugh have a look; http://www.csa-uk.com/welcome

[M3GCO]

Great,

 

I will contact them in the morning.

 

I have just looked on the link you give me.

 

Trading standards should get a look at all that lies.

 

The funny thing is that they are registered to an address 5 mile from my house

so I could pop in for tea and scones one day!!

 

If it all ends up on my doorstep i am more than happy to take some to theirs!!!

[M3GCO]

hi to you all, its been a while!!

 

After all this time I have had a letter today from Fredrickson international chasing the debt on behalf of HBOS PLC.

 

They state that if I don't pay them within 7 days they are going to instruct Bryan Carter solicitors to take me to court.

 

My question is do I reply to them with a copy of the letter from HBOS that the debt is un enforceable

or should I wait until court letters land on door mat?

 

Best regards to you all

[dx100uk]

2yrs down the line

 

so the debts been sold to lowells now.

 

i'd send a copy od the HBOS unen ack letter.

 

dx

[M3GCO]

Hi and thanks for looking in.

 

That was my feeling to. It prob wont stop them but at least I can register post it for proof in court that I tried.

[M3GCO]

Hi all.

Up date on this very old thread.

 

Lowells did follow up threat to take me to court.

 

 

I contacted them directly and asked if they wanted me to fax them a copy of letter from original lender stating unenforceable.

They arrogantly declined and said see you in court.

 

They filed their papers and paid fees.

I filed my defence and sat back.

 

Was heard on the 6th jan and I got letter today from court which states that the judge has dismissed the claim!!!!! Whoop whoop!!!!

 

I would like to thank cerberusalut for the huge amount of time generously given to me (a total stranger)

and also the other members who have given valuable advise.

 

Without my friend pointing me in the direction of this site I would of been in deep doodaa. Cheers andy

 

My advise: don't let the baxxxrds get you down!

[maroondevo52]

 

I would like to thank cerberusalut for the huge amount of time generously given to me (a total stranger) and also the other members who have given valuable advise.

 

 

Hi M3GCO,

 

I'm afraid we lost Cerberusalert (Brad ) in July 2013, he's sadly missed by many.

 

I'm sure he'd have been delighted with the outcome of your case.

 

I'll update the title of your thread

 

Regards,

 

Scott.

[citizenB]

Very pleased to hear of the successful outcome. I am sure cerb would be equally pleased on your behalf.

[register]

WELL DONE!

 

I love seeing updated, successful threads like this. 77The companies think that we are small and wont do anything back.

 

so glad to see you win.

[M3GCO]

I am deeply saddened to hear that a good man, Cerberusalert, has passed away. Was a huge help to my self (and countless others I imagine) with the law side of things but also made me think positively and calmly about my situation.

 

 

 

 

My victory seems a little hollow now but is dedicated to Brad, R.I.P. Thanks for everything

[M3GCO]

Hi.

Quick couple questions to you all regarding the dismissal of the case.

Can I now ask lowells to stop marking my credit file?

Can I hammer the original lender for ppi repayments if there is any?

Can I ask them for all money I have ever paid them as there was never a true agreement in place?

Am I pushing my luck and should just be happy with what I already have? ;-)

Thanks.

[citizenB]

Hi.

Quick couple questions to you all regarding the dismissal of the case.

Can I now ask lowells to stop marking my credit file?

Can I hammer the original lender for ppi repayments if there is any?

Can I ask them for all money I have ever paid them as there was never a true agreement in place?

Am I pushing my luck and should just be happy with what I already have? ;-)

Thanks.

 

Do you know on what basis the claim was dismissed ?

If the Judge has said the agreement is unenforceable, then I think you can ask them to cease reporting to the CRAs. I am sure there was a judgment just recently that provided information on this. Will ask others on the site team.

I guess you could ask for the PPI, is the account still with the original creditor ?

 

I doubt very much you would ever receive the monies you have paid already.

[M3GCO]

Hi and thanks for your reply.

 

 

The claim was dismissed by the judge on the basis that 'the claimant has not produced an original contract signed by the defendant'

and that the

'claimant had confirmed in writing that it regarded the debt unenforceable'

 

The account is still showing with hbos but they direct me to ring lowells about it whenever I enquire about it.

 

I think I will send a fresh SAR to them and see if ppi was applied.

[citizenB]

Hi and thanks for your reply.

 

 

The claim was dismissed by the judge on the basis that 'the claimant has not produced an original contract signed by the defendant' and that the 'claimant had confirmed in writing that it regarded the debt unenforceable'

 

The account is still showing with hbos but they direct me to ring lowells about it whenever I enquire about it.

 

 

I think I will send a fresh SAR to them and see if ppi was applied.

 

Righto, well I have left a message for others on the site team for some further advice.

 

Yes, indeed send SAR for as much information as you can - the Preference accounts did usually have PPI attached to them.

[M3GCO]

Great stuff.

I will get onto the SAR straight away.

Thanks.

[citizenB]

Google

 

OLIVER FOSTER-BURNELL v LLOYDS TSB BANK PLC

IN THE COUNTY COURT AT TAUNTON - CLAIM No.3QZ06653

[M3GCO]

had a quick skim at that it looks slightly different kind of case as he had been paying them but they still marked his credit file as default. I may be wrong so I will read it in full later after work

[M3GCO]

UPDATE.

Lowell Financial sent me a nice letter today offering me a 30% discount if I pay them £4200 within the next 14 days. Pass me my cheque book!!!

 

 

Does anyone have a link to a letter template to stop these nurbs sending me letters ie a 'you lost now get stuffed' kind of letter?

Thanks in advance.

[ScarletPimpernel]

UPDATE.

Lowell Financial sent me a nice letter today offering me a 30% discount if I pay them £4200 within the next 14 days. Pass me my cheque book!!!

 

 

Does anyone have a link to a letter template to stop these nurbs sending me letters ie a 'you lost now get stuffed' kind of letter?

Thanks in advance.

 

 

 

There aren't templates for this sort of thing.

 

Send them something like this:

 

Dear Sirs

 

I refer to your letter dated (date).

 

On (date) in the (location) County Court, your claim against me in respect of this account was dismissed on the grounds that you had failed to provide the required documentary evidence, and that the debt is irredeemably unenforceable. In the circumstances, it is unclear to me why you are continuing to demand payment. My perception of your demand is that it is vindictive, and an attempt to harrass me into paying despite the Court ruling that your claim was entirely without merit.

 

For the avoidance of any doubt, no money will be forthcoming.

 

In my view, the dismissal of your claim at Court demonstrates that I am not liable for this debt, and consequently you should take this letter both as notice that any liability for the debt is disputed, and a formal complaint that you are continuing to harrass me for payment when the debt has been shown in Court to be irredeemably unenforceable. The Financial Conduct Authority, in its CONC rules, by which you are bound, states at CONC 7.5.30:"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid."

 

I now require you to respond to my complaint through your complaint procedure, a copy of which I require you to send to me.

 

By way of resolution, I require you to confirm that you understand the Court's ruling in the matter, provide an undertaking that you will cease all collection activity, and apologise for harrassing me after being defeated at Court.

 

I look forward to your prompt response.

 

Yours etc.

[citizenB]

Scarlet Pimpernel beat me to it.