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    • Wrongly convicted Horizon victims in Scotland to be exonerated NEWS.STV.TV Victims who faced wrongful convictions are to be exonerated the day after Royal Assent is granted.  
    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
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Lowells DCA getting Credit Report. Continuous harassment.


Kolin 56
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Hi Forum Members,

 

I have been getting letters from Lowells demanding payment of outstanding credit card debt for over a year now...Every time I write to these jokers they ignore the content of my letters and persist. They know without a doubt that I have two permanent medical conditions, and that my benefits income is 'inalienable', and they have received a voluntary statement of income/expenditure that proves I cannot repay anything ( this was "kept on file" and duly ignored !). Their response was to demand monthly payments in excess of my total benefits income. Now they threaten with home visits (not allowable without my permission), and also state they will obtain a credit reference report and use court action.

 

Are they legally entitled to obtain credit reference files ?? What can they use those for ??

What else can I do about these jokers ?? :mad2:

 

At present I am preparing a complaint to the OFT, since they are the ones who licence these companies. I shall complain on the grounds of harassment, and not following OFT guidelines.

 

Any other defensive action I can take ?? They really are getting too much now...

 

Any advice welcome...

 

Thanks. 8-)

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Guest Lowell CRT

Hi Kolin 56

 

I have just seen your post about Lowell and am very sorry to learn of the difficulties you have experienced, with regards the information you have supplied to us about your illness and note the further questions you have raised about your credit file.

 

We would like the opportunity to deal with your concerns through our dedicated Complaints Resolution Team. The Complaints Resolution Team is entirely independent to our Collections Department. Our sole aim is to deal with customer’s specific concerns.

 

We appreciate you may have some reservations about contacting us, but please let me assure you we are here to help.

 

To ensure your enquiry reaches one of our trained Complaints Resolution Officers, please use our direct email ComplaintsResolution (at) LowellGroup .co.uk

 

As soon as we hear from you we will be able to place your account on hold, stopping any collections activity, whilst we deal with your enquiry.

We hope to be in contact with you soon.

James

 

Lowell Complaints Resolution Team

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Hi Kolin 56

 

I have just seen your post about Lowell and am very sorry to learn of the difficulties you have experienced, with regards the information you have supplied to us about your illness and note the further questions you have raised about your credit file.

 

We would like the opportunity to deal with your concerns through our dedicated Complaints Resolution Team. The Complaints Resolution Team is entirely independent to our Collections Department. Our sole aim is to deal with customer’s specific concerns.

 

We appreciate you may have some reservations about contacting us, but please let me assure you we are here to help.

 

To ensure your enquiry reaches one of our trained Complaints Resolution Officers, please use our direct email ComplaintsResolution (at) LowellGroup .co.uk

 

As soon as we hear from you we will be able to place your account on hold, stopping any collections activity, whilst we deal with your enquiry.

We hope to be in contact with you soon.

James

 

Lowell Complaints Resolution Team

 

Well Well James has reappeared

I for one have still yet to see any follow up replies from James in any threads he posts in no matter how simple the question is

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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It is usual in any consumer credit agreement for there to be a term that by entering into the agreement you consent to allow the creditor to share your data with a CRA and/or various other parties.

 

CRAs will share your data with anyone who pays them for a subscription - this includes DCAs.

 

Turning to how to deal with Lowell, don't hold your breath waiting for the OFT to take action. Have you sent Lowell a formal complaint? If not, do so now. Address it to the Compliance Manager. If you do this and they either fail to respond, or do not respond satisfactorily, a complaint to the OFT will carry more weight.

 

I am not a gambling man, but if I were I'd wager that Lowell will plead 'admin error'.

 

If you own property, Lowell may take court action with a view to obtaining a charging order. If you do not own property, they would be ill-advised to go to court, because the best they can hope for is £1 a month and a bollocking from the judge for bringing an action when aware of your circumstances. A court will not order you to pay more than you can afford. Neither the greed nor stupidity of any DCA should be underestimated, however.

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Hi Kolin 56

 

I have just seen your post about Lowell and am very sorry to learn of the difficulties you have experienced, with regards the information you have supplied to us about your illness and note the further questions you have raised about your credit file.

 

We would like the opportunity to deal with your concerns through our dedicated Complaints Resolution Team. The Complaints Resolution Team is entirely independent to our Collections Department. Our sole aim is to deal with customer’s specific concerns.

 

We appreciate you may have some reservations about contacting us, but please let me assure you we are here to help.

 

To ensure your enquiry reaches one of our trained Complaints Resolution Officers, please use our direct email ComplaintsResolution (at) LowellGroup .co.uk

 

As soon as we hear from you we will be able to place your account on hold, stopping any collections activity, whilst we deal with your enquiry.

We hope to be in contact with you soon.

James

 

Lowell Complaints Resolution Team

 

 

I wonder, James, if you would be kind enough to give us a general comment on how Lowell deals with situations like this - where an individual is wholly reliant upon benefits, and how Lowell justifies making demands for entirely unaffordable payments in such circumstances. I am not asking you to comment on any individual case, but just in general terms.

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Hi kolin

 

If not too late might be worth reminding them of their obligation to adheer to the CSA Code of Practice as they're members . .

 

Debt Collection & Default Guidelines

l) Have due regard and deal sensitively with

individuals where evidence has been given,

or is apparent, that the individual is

incapacitated by mental or physical disability.

 

p) Take into consideration before determining

whether to enforce repayment, all information

supplied in relation to the reason for nonpayment,

which may include The Common

Financial Statement, or the debtor’s future ability

to repay. If the debtor has disclosed multiple

debt problems, inform them of the availability of

accredited advisory services. Where available,

provide in all relevant correspondence the name

or designation of a specially trained member of

staff who may be contacted regarding financial

difficulties.

 

 

If you've done your letter already keep this for the next round :wink:

 

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Just stepping in here, have you CCA'd this alleged account to see if it is legally enforceable, and have you seen any documents that give Lowells the right to harrass/search your credit file/or even contact you in connection with this alleged account?

 

If, as has been said a signed Agreement exists, then yes, indeed they have the right to search, but, if no such document is in their possession then what are they baseing their 'right to search' on?

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Standard reply really - not sure why this is even allowed on here?

Everyone knows that Lowells will simply try and bully a payment out of the OP if they ring them.

 

You will see that the username is in green. This shows that the user is an authorised customer service representative.

 

Some people may not like the idea of a DCA rep on CAG; my personal view is that it is a step in the right direction that a DCA is making an effort to recognise the need to deal with problems. We do not know what action Lowell will take - if it is as you suggest no doubt the OP will come back and let us know. By the same token, if resolution is achieved then it would be good to hear about that too. I hold no brief for the debt industry - I think it needs root and branch reform - but I am willing to give Lowell a chance to demonstrate a sincere commitment to resolving problems. Why not wait and see before judging?

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  • 1 month later...

Hi Forum Members.

 

For those that wanted to see the results of this thread progress, here is my letter to Lowells, and their replies.

However, due to my being new and having low post count they are not very large.

sorry folks.

 

Bottom line is that Lowells deny all my claims against them, saying that state benefits are considered income by DCA's despite Social Security Act, and will continue to chase the debt, and text messages started again on my mobile a few days ago.

lowell1.jpg

lowell2.jpg

lowell4.jpg

lowell3.jpg

Edited by Kolin 56
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This is the draft of my letter, so you know what I complained about.

 

Mr James Cornell CEO,

This is a formal complaint regarding the debt collection practices of the Lowell group, specifically Lowell Portfolio 1, Lowell Financial, Hamptons Legal, and Red DCS.

 

1. The debt is being collected by four distinct debt collection agencies concurrently, in breach of OFT regulations, and I have letters from all four as evidence of this.

OFT: Unfair Practice: Section 2.6c: it is an unfair practice by: using more than one debt

collection business at the same time resulting in repetitive and/or frequent contact

by different parties.

2. The debt is being pursued despite all debt collection agencies being informed of my personal circumstances and inability to make repayment.

3. Income & Expenditure form has been disregarded and debt pursued despite the relevant information contained therein which verifies inability to repay the debt.

4. The Lowell group agencies were informed of the fact that state benefit income is 'inalienable' under section 187 of the Social Security Administration Act 1992.

This debt is being pursued despite this advice in breach of section 187 of the SSAA 1992.

The Social Security Administration Act 1992 states that the amount of means tested benefit awarded has been determined, by the government, to be the legal minimum amount of money the benefit claimant needs to live on.

5. The quantity of written communications from the Lowell group, specifically Lowell Portfolio 1, Lowell Finance, Hamptons Legal, and Red DCS, amount to an excessive 14+ documents, many of which were sent in reply to my own letters and indicate Lowells disregard of my statements.

 

The Lowell group, specifically Lowell Portfolio 1, Lowell Finance, Hampton Legal, and Red DCS are all therefore debt collecting concurrently and continuously harassing me with demands for payment, that I have shown I am unable to make from state benefit income, using unfair practice and psychological harassment.

 

I therefore repeat my reasonable and legal request that due to my personal circumstances the debt be written off and all additional charges be waived. In consequence of the unfair practices which are the cause of harassment and psychological pressure, I am expecting an offer of compensation to be awarded. I look forward to your response.

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