SD from Lowells via Hampton Legal for CAP1 card debt - HELP!!

[bluekooga]

could you direct me to the thread?

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?353505-Recieved-SD-from-Hamptons-Lowell-portfolio-l-LTD/page7

 

Here you go..

[citizenB]

Another one worth reading as well.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?334524-Lowell-portfolio-served-me-SD-HELP!!!-***-WON-FULL-COSTS-***

[bluekooga]

That was a lot of reading...! Interesting stuff about phoning capone and being told what default charges and PPI refunds were due!!

Could help in my case...If they are still being so nice and transparent....think I will phone them before the court tomorrow am....

Mucho gracias citizenB, will keep you posted

Blue

[citizenB]

Please do

[42man]

hi 42man

cca was recieved by lowells 29th june and SAR recieved by Cap1 28th june.

As SD was in my hands on Monday 25th June I assume my 6.4 and 6.5 forms have to ne in to the court by Thursday 12 th July at the latest?

Have rough drafts written,but will it be ok to state in them that no reply has been recieved ref the CCA?

Also a wayne from Hamptons phoned the house on the 6th july but I wasnt able to get to the phone...should I have phoned him back?Would like to know where he got the number from....

Bluekooga

 

If you look at post #20 in this thread see this bit here -

 

The claimant has failed to provide a copy of the agreement despite a legal request made under the Consumer Credit Act 1974 (attachment 1 (will be your CCA request))

 

SECTION 78 (1) CONSUMER CREDIT ACT 1974

 

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a) the state of the account, and

 

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

 

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

The Consumer Credit Act in section 78(6) States that

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

 

(a) he is not entitled, while the default continues, to enforce the agreement;

[bluekooga]

Morning CAG

 

Ref citizenb post,Local court stated on SD do handle Bankruptcy petitions. I called capone on 01158433792 (option1 for PPI ,0ption 4 for default charges)

 

spoke to a very pleasant lady who gave me the address to write to ref complaining and claiming default charges. I asked how long before I could expect a reply

 

and was told it might be a while as they had loads to process.When pressed to give me the info over the phone, she said she would get someone to work out

 

the amount today and post them to me asap!! She also confirmed that PPI was attached to this account and that may take a while also. So,citizenB,as I have no

 

paperwork,how do I approach this with regard to claiming the PPI back?

[bluekooga]

Sorry 42man,I should have made myself clearer.

I assume that Lowells have until 12th July to reply to my cca request,

so can I complain that I havent recieved the cca information even though the full 14 days hasnt elapsed?

[42man]

You have a bona fide and significant dispute.......with regard to excessive charges and missold PPI which Capone are dealing with. Lowells should drop this like a stone.

[bluekooga]

Should I contact Lowells at all?

[42man]

You can ring the person named on the demand, state that in no uncertain terms that you are going to oppose the demand in court and claim your full costs. (If you can record the call all the better) and ONLY speak to the person named on the demand.

[bluekooga]

The person on the demand is S H (I assume you know who that is)

who doesnt speak to anyone if the other threads ref Lowells are correct...?

[citizenB]

Morning CAG

 

Ref citizenb post,Local court stated on SD do handle Bankruptcy petitions. I called capone on 01158433792 (option1 for PPI ,0ption 4 for default charges)

 

spoke to a very pleasant lady who gave me the address to write to ref complaining and claiming default charges. I asked how long before I could expect a reply

 

and was told it might be a while as they had loads to process.When pressed to give me the info over the phone, she said she would get someone to work out

 

the amount today and post them to me asap!! She also confirmed that PPI was attached to this account and that may take a while also. So,citizenB,as I have no

 

paperwork,how do I approach this with regard to claiming the PPI back?

 

Usually you would send a Subject Access Request which costs £10.00 within that you should be provided with all the data they have (including the statements) in respect of your financial history with them.

 

Unfortunately they have 40 calendar days to comply and I would say your hearing would likely be, before then.

 

I guess you could send the request now - hope that they send it quickly or at the very least you will be able to put in your claim in after any hearing !

 

You really need to complete the spread sheet yourself otherwise you dont know if you are being given the correct refund.

[42man]

Sending a SAR when you receive a statutory demand shows the judge that you are making a reasonable attempt to get information, (and lets face it you won't be provided with much information unless you do it yourself or the judge makes an' unless' order (which only gives them time) and in 99% of cases they don't produce all the relevant paperwork. In my own case when I successfully annulled my BR, one of the SAR's had come through and they didn't even have any record of me having ANY account with 2 of the creditors....so it can be a good move. If for any reason an adjournment does happen, by the time it does a SAR should have been complied with, and usually not everything that should be there is....

[bluekooga]

.......have already sent SAR.... capone received on 29th June...what spreadsheet do you refer to?

[dx100uk]

This second spreadsheet is a compound interest calculator and can be used both for PPI claims and Charges Reclaims on Revolving Credit Accounts such as credit cards. Compound interest is not an award that fos will give in respect of PPI claims but it can be used in PPI cases that are pursued through the courts. It is the standard sheet that is also used for charges reclaims both on credit cards and loan accounts where interest in restitution is claimed.

 

CISheet v101.xls

 

 

dx

[bluekooga]

42 man,all of the above now makes some sense to me but am having trouble filling in form 6.4.

Can you help please?

Am I right in assuming that a and d will be Lowells and their addresses and b and e is me and

my address? Or do I put Hamptons Legal instead of Lowells?

Also that the court officials would fill in date time etc?

At the bottom it says solicitor?

What would this document be titled?

Sorry but I wouldnt want to put a wrong document before the court....

Edited July 11, 2012 by bluekooga

[bluekooga]

Hi CAG

Phoned a guy at court today said it will cost £80 for me to do the set aside with an affidavit?

Does this sound right to you?

Thanks again

[BRIGADIER2JCS]

Yes it is a statutory fee.

[42man]

Here is some help filling in 6.4 - http://www.consumeractiongroup.co.uk/forum/showthread.php?162489#post1749288

[42man]

Set aside of a statutory demand is free.....the only time you may be charged is if you are filing a stat demand late or I believe the central London courts do charge, why are you submitting an affadavit as opposed to a witness statement ? To set aside astat demand you need forms 6.4 and 6.5 (witness statement)

[bluekooga]

42 man

I am submitting witness statement 6.5 and set aside form 6.4,NOTto a central london court..

Brigadier has posted that it is a statutory fee? Am a little confused....

[bluekooga]

post 89 says it had been dealt with by Rory and....Rankine? or am I being stupid?

[42man]

In which case the person at court has got it wrong....to set aside a stat demand (using forms 6.4 - set aside form and 6.5 - witness statement) should not cost anything

[42man]

Affadavits for setting aside stat demands were scrapped a while ago.