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    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • or PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH        For either option, does it say which appeals body they operate under. Yes      This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system. The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see. The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system. I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.    Below is CE  evidence to POPLA and  2 photos of my evidence. I have omitted other CE evidence as it includes personal and private details. I will upload POPLAS decision soon    CE to POPLA   ce to popla.pdf ce to popla 2.pdf ce to popla 3.pdf ce to popla 4.pdf ce to popla 5.pdf view approaching car park.pdf view from my parking bay.pdf
    • Hi MIE   I have prepared for the fact that I might not win, although I would very much like to but has been factored into my plans to deal with my current debt and helping to reduce it.    In in regards to documentation....I have been asking for specific information, which they have refused to provide me with since 2013 and not just since I received the claim.    I’ve not received any documents or a response to my SAR.    Particulars of claim in #5.    Defence below (I know it’s not the best, but it’s all I could come up with).   DEFENCE   1. The Defendant received the claim xxxxxxxx from the Northampton County Court Business Centre on 10/08/2019.   2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.   3. This claim relates to an alleged salary overpayment.   4. It is admitted that the Defendant was employed by the Claimant from 02/02/2009 until 31/08/2011.   5. It is admitted that the Defendant has made a payment of £465 to the Claimant.   6. It is denied that the Defendant owes this whole amount as the Claimant has not provided the information and documents requested.   8. The Defendant is unable identify through financial records that amounts were received as alleged.   9. The Claimant has failed to provide bank account details of where payments were made despite being requested to provide this information.   7. The Claimants particulars of the claim fails to give adequate information to enable me to properly assess my position with regards the claim.   8. The Defendant contends that the Claimant is a public body that is requesting interest on a debt that is alleged to have been incurred as a result of a salary overpayment and not a credit agreement.   9. The Defendant contends that the Claimant is requesting interest from a date that is Statute Barred.   10. On the 12/08/2019 the Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Claimant’s Solicitor].   11. Claimant’s Solicitor has not sent any of these documents to the Defendant.   12. The Defendant has asked the Claimant Solicitor if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but no response has been received.   13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   14. The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead her case else the Claim should stand struck out.   15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.   16. It is denied that the Claimant is entitled to the relief as claimed or at all.   Statement of Truth The Defendant believes that the facts stated in this Defence are true.
    • Thread moved to Debt Collection Agencies Forum.   Andy
    • We will also need a copy of the defence you submitted.I would advocate sending a CCA Request also...unless you legally request it they cant be in default.   Andy
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phatram

CO-OP OD all charges - and Loan to pay off OD...

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This is the 4th or 5th DCA to have these accounts and all have returned them. What has changed to make these parasites think they can carry on?

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Persistence and bloody mindedness.


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Moved to Debt Collection Industry forums as requested and the link for the ICO Technical Guidance on Defaults is below.

 

:)

 

 

[ATTACH=CONFIG]46311[/ATTACH]


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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

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For anyone looking in these two accounts are now with Lowells.

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Have added that to the thread title, Phat :)


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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

 

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

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Both letters dated the same day ?


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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

 

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

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One letter relates to the O/D on the current account and the other to the loan account.

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One letter relates to the O/D on the current account and the other to the loan account.

 

Righto, well you need to bone up on Lowell - they have been issuing stat demands like confetti at a wedding.

 

If I recall, there are disputes on both these so you should advise Lowell of this.


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

 

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

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Told them numerous times but they take no notice. I'm fed up of this bullying and I'm seriously considering billing and turning it onto them .

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The current account O/D contains charges going back from December 1999 to May 2007 so how can they claim I owe those, surely they are SB?

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The current account O/D contains charges going back from December 1999 to May 2007 so how can they claim I owe those, surely they are SB?

 

If you have not made any payments towards this overdrawn account, it should be statute barred by now. You really need to get in touch with the bank concerned to find out when they entered the account into default. This should have been within a couple of months of you not paying.

 

Is this debt still on your credit record ? If it is not, then this may be an indicated it is SB'd.

 

Because of the way Lowells behave, you would probably be best to approach the bank concerned to get the information you need about statute barring. i.e when you actually paid any money to the account and when they defaulted the account. Ask them about their terms and conditions on the account at the time, about when they would consider the account to be in defaulted status.


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Thanks. As these accounts should not have been passed to them should I be asking anything of Lowells? Have they bought the alleged debts? Do they need to prove to me they are legally entitled to ask for this money etc ?

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Were you informed by the creditor and/or Lowell that the account had been sold?


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I think I had a letter from Lowell but nothing from CO-OP.

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Thanks. As these accounts should not have been passed to them should I be asking anything of Lowells? Have they bought the alleged debts? Do they need to prove to me they are legally entitled to ask for this money etc ?

 

I don't think you should trust Lowells with any information. They are there purely to collect on the debt and may not have much info on file. It would be safer to find out info from the original creditor.


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An NOA can come from both the creditor and or the DCA.

The likelihood that a DCA would be chasing the debt with out it being sold or assigned to them is remote if not impossible.


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So, what should I be doing next?

 

I'm going to write pointing out the ICO default stuff and I'm going to SAR the Coop for the loan account.

 

'll be asking for transcript of phone calls for the selling of the loan which WAS sold to me to in part consolidate an O/D made up of charges and interest on those charges.

 

I do not believe I have been treated fairly, is there any BCOBS stuff I can quote?

 

I've just found a connection between Cohens and Lowells.

 

A few years ago Cohens returned these accounts to the Coop and apologised to me for all the hassle !

 

I ACKNOWLEDGE NO DEBT TO YOURCOMPANY

 

Thankyou for your letters dated 12 September 2013, the contents of which have been noted.

 

I have been advised to inform you of the following;

 

The Co-operative Bank has failed to follow ICO guidelines on defaults and has treated me unfairly

 

I will repeat once again that these accounts are in serious dispute with the Cooperative Bank for reasons known to them. Due to your unwillingness to believe me, you leave me with no option but to take matters further. I will now SAR the bank to obtain the information I require to enable me to do this.

 

Yours sincerely

 

Anything else I should add?

 

Should I be asking anything of Lowells?

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Should I be asking anything of Lowells?

 

What do you want to ask them ? Confirmation in writing that they note your dispute with the Coop. That would make sense, as you then have it in writing that Lowells confirm that they have your letter advising of a dispute.

 

In your letter to Lowells, I think you should provide some basic information about your dispute with the Coop.


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I ACKNOWLEDGE NO DEBT TO YOURCOMPANY

 

 

Thankyou for your letters dated 12 September 2013, the contents of which have been noted.

 

 

 

I have been advised to inform you of the following;

 

 

 

The Co-operative Bank has failed to follow ICO guidelines on defaults and has treated me unfairly

 

 

 

I will repeat once again that these accounts are in serious dispute with the Cooperative Bank for reasons known to them. Due to your unwillingness to believe me, you leave me with no option but to take matters further. I will now SAR the bank to obtain the information I require to enable me to do this.

 

 

 

 

Yours sincerely

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Anything else I should add?

 

I would point out to them that this 'matter' had in the past been sent back to the creditor by Cohen and that Cohen had apologised for making contact in regard to this matter, you should send a copy of that letter to:

 

Private & Confidential.

Ms Sarah de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH


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Thanks

 

Sent letter recorded delivery, will post reply when it arrives.

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LOWELLS4NOV2013_zpsc3428d90.jpg

 

Confused.com :???::???::???: Not long ago they were threatening to take me to court for this none existent current account debt.

 

What should I put in a SAR if I require a copy of what was said in phone calls concerning the setting up of a consolidation loan to pay off an OD made up of bank charges and interest?

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