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    • Hello again,   My husband's court date for the above is next week and he is extremely anxious and worried about it.    I explained that it is just a hearing to see if the court will enter a summary judgement and that they probably will not due to his statement that was sent, but he is worried that he will be put on the spot and asked questions and that he will get a CCJ..   I have said that he can just refer to his statement if asked anything and that it may be in a room type of thing, rather than an official looking courtroom..   Am I right in the above please?   Also, what happens if someone from Cabot doesn't attend? Does that make any difference? Should my husband be ready to say something about it to help in his favour, if so what?   Apologies for all of the questions, I know that you two are very much in demand all over the website. 
    • Is this correct ?
    • OK, so I've rather unfairly picked up a CCJ from a business overdraft debt that's been going on for years. I had court claim forms in 2014 which I managed to stave off. and again in sept 2016. This time I've acknowledged the service, filling in what I thought was the correct amount I thought I owed. I've since had the personal guarantee paper copies in my possession and I owe £21K. I sent them back along with a new address for all correspondence to be sent to, and then agreed to a Tomlin order to pay debt off monthly.  Now, these were sent back and forth and eventually signed, but apparently only partially. So DD was set up at same time, in Jan 2017. over next couple of months we paid, and also go letters to sign new Tomlin which we ignored as it was signed. In March we got another TO with 7 days to sign it and send back. We had one day to get this to them and phoned to say it wouldn't be there, that's ok they said, well extend it, just keep paying and send it back asap, we did send recorded (since lost receipt). We assumed they'd got it, and didn't hear a peep from them. Until July 18, when I found id got a CCJ from Feb that year. I've logged a complaint with solicitor, and had a response, they are denying any knowledge of anything. They had no TO so took it to court without my knowledge.  I didn't think there was anything I can do. However, as it turns out, the court sent papers to an old address even though solicitor had new address for 13 months, and address for correspondence was on the claim papers I sent back. Upon closer inspection the numbers are all wrong too, nor a lot but its about £200 adrift. We called their office too within the 30 day notice period, oddly they have no record of that.  And all this is on a "Business Charge Card Guarantee" …. anyone explain that?? In the mean time we've paid £5K+ of the debt off. At no point did anyone in the process let us know we'd had the CCJ logged against us. Is that right?? Or legal? I was intending to get it set side, but was told by them it was pointless. Just want to get back to point A. Paying it isn't the problem, it getting the CCJ reset. Please Help!!! 
    • same with jaguar s-types etc. all kind of weird issues if the battery is on the way out or the terminals/earth straps are not reconnected tightely/properly.   mine was the earthing strap to the gearbox, was rotted and got knocked during the gearbox oil change.
    • what have they got that they can respond too that counters your SB defence? zilch.   as with every erudio claimform or PAPLOC thread on CAG you solely got the claim because for whatever reason , to that date, everything was ignored.   once a response is made they go away.   default CCJ avoided. you must read up and understand how arrows [erudio!!] operate  
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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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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.


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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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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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