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    • arrows didn't file the default lloyds did on or before the sale date.   it might pay you to either look online at your lloyds A/C, some accounts there allow you to see old statements. if not you'll have to SAR lloyds.   if what you say that you've not touched the A/C since 2013 ... for the ICO guidelines that were in-force at the time - which states a default should be registered within 3-6mts, I'd complaint to lloyds that it is unfair. and they might well move it to an earlier date. i've seen lloyds do this. so the A/C will vanish from the report as the default has reached it's 6th B'day.   i've also seen arrows agree to remove the A/c too if an F&F is offered.   all of this should only ever be done in writing.   just a side not, a broker shouldn't be holding you to ransom for a single default.  even most prime lenders ignore a single default in todays market.
    • it could prevent the sale of the property or it could become an unsecured shortfall debt.   i'd be sending swift an sar i bet there are £1000's in unlawful penalty charges. that are all reclaimable at their int rate. always is with swift, they are terrible to their customers, so you can never clear the balance by normal monthly payment. now if you'll get them refunded is another matter.   ive moved you to the swift forum.   have a read of a few swift thread use our search top right for swift.   dx  
    • It could halt the sale of the property unless alternative arrangements are made to settle the balance.
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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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

 

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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.

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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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.

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.

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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