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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Ok I''ll work on the fact that the ''cause of action'' occurred in 2006 is that correct?


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cause of action?

 

OH went to Payplan in Oct 2004.

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Cause of action == the reason why a default notice would be served, eg lots of missed payment/late payments, payments ceasing completely.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Payments ceased in September 2004 - OH started with Payplan in 2004 at reduced rate.

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Payments ceased in September 2004 - OH started with Payplan in 2004 at reduced rate.

 

Ok how long did payments go on with payplan?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi Brigadier

 

see post 63 for all particulars :-)

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payments with payplan from Oct 2004 - Aug 2012

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Ok - despite having referred this to Financial Ombudsman because I utterly refute the amount they say we owe, Lloyds have decided to pass the account on to Moorgate who now say we must pay them £6.5 k NOW.

 

I think I ought to send them copies of ALL the letters I have sent to Lloyds and to FOS and point out the account is in dispute and the FOS is looking into it.

 

What do you think?

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S... but I can't work out why they waited NINE whole years to do it.

 

re my post #86/7. if a variation/arrangement is made prior to any default, then there could be a 'new' agreement in place re payments. depends on the circumstances. i think the guide posted mentions things re a variation/arrangement and defaults, eg para 17 etc, 22 on?


IMO

:-):rant:

 

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Thanks for reminding me - I will have a look. Meanwhile, this does not address their behaviour re the mismanagement of the accounts nor the excess charges nor the disparity between what they say we owe and what we say we owe.

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no, it doesn't. although it may have a bearing on their behaviour re filing a default. which you asked about.

remind me, have you done a dsar on this? has it been sold to moorgate? have you looked at the codes/guides and bcobs?

maybe best, wait for the fos decision, if it doesn't take too long!

Edited by Ford

IMO

:-):rant:

 

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Yes, I did a SAR - the debt has been transferred, not sure if it is sold. No, I haven't checked the BCOBS - I will do and yes, the info is still with the FOS, from whom I am waiting to hear.

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Yes, I did a SAR - the debt has been transferred, not sure if it is sold. .

 

what were the contents of their letter, did it explain things? was it an assignment (ie sold), or are they just acting/collecting on behalf?

the dsar should've produced details of any accounts, including transaction list/statements showing any charges etc. did you get this info?


IMO

:-):rant:

 

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what were the contents of their letter, did it explain things? was it an assignment (ie sold), or are they just acting/collecting on behalf?

the dsar should've produced details of any accounts, including transaction list/statements showing any charges etc. did you get this info?

 

From the info they sent me I worked out how they have fleeced my husband. I think the debt has been passed on and not sold. Yes, I had all the info hence why managed to piece together the total mismanagement of the account.

 

Ok - so, I think the next step is to copy all the letters sent to FOS and send them to Moorgate, tell them the account is in dispute and with the FOS - then send a copy of the letters sent to me by Moorgate and tell the FOS to get their act together and investigate Lloyds.

 

Will also write to LLoyds - copying all letters and sending them to all 'interested parties' at Lloyds - quoting the BCOBS at them.

 

Sound ok?

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Hi

Not sure you really need Moorgate seeing all the letters you have sent to FOS & Lloyds just send them a letter with the ref no. on for the FOS & address & repeat in it that acount is in dispute futher info contact the FOS ....but yoy must send all copies of letters you get from whomever to the FOS ...and yes quote the BCOBS at them.

 

I personally would not like or want Moorgate seeing what you have in letters to the FOS as they really have no dealing in the matter as this was passed over whilst in diispute...other cag members may feel differently but having dealt with Lloyds I would keep it as simple as poss with the FOS contact.

 

Spots1

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Ok - so have had a reply from FOS - and it basically says Lloyds are right, pay them.

 

No mention of any doddgy bank practices at all.... I am deeply unhappy now as they insist we have to pay back 6.5k

 

Any further advice??????

 

I am stumped and obviously don't have 6.5k!

 

Do they have to know all of my OH's income and expenditures??

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no theres no legal remit unless a judge orders it

 

upto you.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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How do I go about negotiating repayment with them - the debt is with MDR now. Any ideas? I don't want to offer the moon on a stick.

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moorcroft? still collecting on behalf ie not sold on?


IMO

:-):rant:

 

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But do I just write to them and say we want to negotiate repayment terms?

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how did the complaint against payplan end up re them not paying anything towards the debt from your payments to them?


IMO

:-):rant:

 

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Ah - I didn't tackle payplan - should I? Meanwhile what do I do with Lloyds/MDR?

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towards the end of their template collection letters they should end up sending one along the likes of offering a 'discount', can then contact with an offer, if not before, if you're deciding to pay. should be negotiable. as the amount is disputed, try ensure that any offer takes off the disputed amount on top of any 'discount'. if you see what i mean.

maybe yes complain to payplan as well? see what others think though.


IMO

:-):rant:

 

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I have no money to offer in a lump sum - only repayment through monthly instalments. Therefore I have no bargaining chip - how can I get them to reduce the overall amount - LLoyds have slapped on 3k of bank charges

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