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    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
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Eviction Notice Issued today - **SUSPENDED**


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Who is stated as the claimant on the eviction order?

Who was the claimant on the original court possession claim?

Have you received anything in writing that the mortgage is now with Acenden?

Do you have any correspondence from Acenden in relation to this situation ?

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The claimant on the eviction notice is Preferred Mortgages represented by TLT LLP solicitors.

I don't have a copy of the original court possession claim as that was all in the paperwork that is with the OR but I'm certain it was again preferred with TLT representing them

I had a leeter on 22nd November stating that Capstone becomes Acenden who services my mortgage and giving me all their contact numbers.

After the eviction notice was issued I received a letter from Acenden on 10th December stating "as you may be aware we have been granted a court order for possession of your property"

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Hm, I think Acenden should apply to the court to change the name of the Claimant - I'll check it out.

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Hm, I think Acenden should apply to the court to change the name of the Claimant - I'll check it out.

 

 

Hi Ellen

 

I know you have been helping me with mine. But this is actually the same on my Eviction Notice, there is no mention of Acenden being the claimant and the solicitors being Glenisters. I did have dealings with TLT LLP Solicitors previously.

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Hi, I'll get back to you later today - I need to go out for a while.

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Hi there, while the claimant should let the court know of the change of name, the only thing that would be gained by informing the judge would be a possible adjournment which would mean the hearing would be delayed. You'd then have to attend on another day and the outcome would be the same. However, you could bring it to the judge's attention and to keep him on your side, you could say that in order to prevent wasting the court's time you agree to an amendment at the hearing - this would put you in a good light.

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Yes, thats what I thought. It's like the spelling of my address on the same form...it's wrong, but again the only purpose would be to postpone for a short time.:-)

 

All I can do now is wait and see what happens...:-(

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Stay positive, it'll be OK :)

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Hi Ell, your a star...from another grateful cagger...:-D The judge went in my favour, was impressed with defence statement and has suspended the eviction on my terms. The **** were not going to accept 30 towards the arrears but after the judge looked at my budget sheet again he said nope, 30 is fine....:lol:

 

Now the next battle...lets get those charges back....may need your help on that one also..

 

Do I need to SAR them now?

 

Thnx so much...

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Excellent result! well done for standing up to them. Hope you can relax a bit more now.

 

Affixed is the mortgage SAR letter, you need to send it with a £10 postal order. On the back of the PO you need to write "fee for Subject Access Request ONLY-" and also write your name, and mortgage account number. Take a photocopy of both the front and back of the PO and staple to copy of the letter to keep for your records. Make sure you send the letter by recorded delivery and print off the signature receipt from the royalmail website a few days after posting so you can prove they got it.

 

Once you have the info on charges, there is a template letter you can use to ask for them to be refunded. Let us know when you get the SAR back from them.

Mortgage SAR.doc

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