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    • Thanks for your advice. They didn't really reduce her bill when putting her on the rolling contract. She's emailed BT to complain as well about £800 fee. She will have to check where she stands with her mobile contract given she is still paying each month as she still needs to have a mobile phone for emergencies. A lesson on how careful you have to be when changing providers
    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Limitation act 1980 & bankruptcy petition


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I would send it to Lowells are they are the original creditor...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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As they are the assignees of the debt then they HAVE to comply with the request, they cannot avoid it as confirmed in Jones v Link Financial Ltd [2012] EWHC 2402,

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Just to clarify, Blackhorse Finance are the original creditors, they sold it to Lowell Portfolio 1 Ltd whom are using BW Legal to handle the petition. So the request is sent to Lowell?

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Yes, I would send it to Lowell...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Or send copies to both. My previous experience of Lowell is that they don't appear to deal with correspondence, so BW Legal may be none the wiser, just continuing on.

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Or send copies to both. My previous experience of Lowell is that they don't appear to deal with correspondence, so BW Legal may be none the wiser, just continuing on.

 

My understanding is that they cannot enforce whilst they are in default of supplying a copy of the original contract, so writing to Lowell's seems the best option. If they fail to produce then BW Legal can't enforce.

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  • 1 month later...

Ok an update. Was in court and their rep came to see me before we went in, referred to my communication back in October that the debt was Statute Barred and wanted to request a 56 day adjournment so they could access the information from the original creditor.

 

The judge certainly paid attention to the fact that no information had been provided in almost two months, and confirmed that a statute defence was worthy, and that I shouldn't be subjected to this sort of action, however because I hadn't replied to the original Statutory Demand, he was minded to allow the petitioner time to get the records from the original creditor. He was not minded to give them 56 days however and it's set for the first available date in the new year (mind that might well be 56 days anyway by the time it comes up). He also told them to 'get their act together' and either produce the documents for the next date or withdraw the application.

 

With hindsight I perhaps should have argued that the petition should be dismissed regardless, since even if it turns out it's not statute barred, the debt was substantially disputed going back to 2002 on a number of grounds and this would require a trial (county court claim) to resolve. My understanding is insolvency procedures are for people who can't or won't pay. My refusal to pay originally stemmed from the original dispute and until a court orders in their favour i'm standing my ground. But the judge was summing up at that point and hindsight is a wonderful thing.

 

I have today however received a letter from Hampton's regarding my CCA request to Lowells's using the template request on this forum. This is dated the same date as the court hearing I just attended and reads:

 

We acknowledge receipt of your recent correspondence (9th November - not very recent) the contents of which have been duly noted.

 

We can confirm that we have contacted the original lender for copies of the agreement and statements for your account.

 

Please note there is no legal obligation that states we must send this information within a certain period and we advise that as we do not hold copies of these documents within our offices we cannot state a time period in which these will be received.

 

Your account is currently held with BW Legal. Please be assured we have contacted them to hold any further action on your account until the requested documents have been provided.

 

We trust this is satisfactory.

 

Any advice in the meantime or simply await the next date and see what they produce?

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Pretty rubbish trying to make people bankrupt when they don't have the paperwork. Do make the OFT licence review team know that they are taking forward bankruptcy proceedings without being in possession of relevant documents.

We could do with some help from you.

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Can I urge you to report this to the OFT too....they are collating information on anything associated with Lowells....it is REALLY important you do report this...

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Can I urge you to report this to the OFT too....they are collating information on anything associated with Lowells....it is REALLY important you do report this...

 

How do I report that?

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'you can report businesses that are not complying with consumer and competition legislation...', by tel, email, or by post to their 'enquiries and reporting centre'. see their 'contact us' page. nb. they 'cannot help you with individual disputes and you will not get an individual investigation of your complaint.'

Edited by Ford

IMO

:-):rant:

 

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There are occasions when the OFT do get into dialogue with individuals and get them to sign statements.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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Your account is currently held with BW Legal. Please be assured we have contacted them to hold any further action on your account until the requested documents have been provided.

 

We trust this is satisfactory.

 

Any suggestion what this might mean? Petition hearing was adjourned until the first date after 4th January but this letter is dated the same date as the hearing...

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Think this relates to your CCA req to Lowell.

We could do with some help from you.

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Think this relates to your CCA req to Lowell.

 

Yes it does I believe, however they have said '...to hold any further action on your account until the requested documents have been provided' - now 'action' is in my mind ongoing since I have a bankruptcy petition against me for which the next hearing is January, so should they withdraw the petition in order to hold further action?

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They won't stop..... they will attempt to offer to graciously 'withdraw' at the court and only if they look like they are going to get a kicking in court....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

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Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

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You should continue (report the latest letter from Hamptons to the OFT as it could mislead the uninformed that court action WILL cease) and claim your costs in court.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

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You should continue (report the latest letter from Hamptons to the OFT as it could mislead the uninformed that court action WILL cease) and claim your costs in court.

 

Can you rephrase that please - not sure what you mean. I have reported the letter to the OFT but should I advise the court of the letter or simply await the next hearing when they may then produce something...

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If you haven't told the OFT about their latest letter which says 'hold any further action' then please do. Take the letter with you to court to show the judge....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Consumer Credit Act 1974 (the Act)

Complaint Against: Lowell Portfolia I Ltd

Licence No: 544015

 

Thank you for your email received on 11 December 2012.

 

I can confirm that the business you mention holds a consumer credit licence. Under the

Consumer Credit Act, holders of consumer credit licences must be fit and competent

to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and

conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt

collection industry. The guidance is intended to ensure that debt collectors treat

individuals fairly. Non-compliance with this guidance will call into question the fitness

of licence holders and applicants. You can view our guidance at:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have therefore recorded the details of your complaint, and we will consider this

alongside any other complaints we have received with a view to any consumer credit

licensing or other action we may decide to take. If we do take any action against this

trader we may need to contact you again in the future. Unfortunately, we cannot

disclose any details about any action we may take, due to legal restrictions on the OFT

relating to disclosure of information.

 

While we are very sorry to hear about the difficulties you have been experiencing, the

OFT has no authority to become involved in individual disputes between consumers

and traders so we cannot advise you directly in this matter.

 

The Financial Ombudsman Service can help with most complaints about consumer

credit products and services if the consumer has failed to satisfactorily resolve the

matter directly with the consumer credit licensee itself. The Financial Ombudsman

Service can be contacted at:

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Telephone: 0800 0234 567

 

The OFT has published a consumer guide about debt collection which you may find

helpful. The guide can be viewed on the OFT’s website:

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

 

 

 

Danny O’ Sullivan

Enquiries and Reporting Centre

Office of Fair Trading

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