Jump to content


  • Tweets

  • Posts

    • FINAL UPDATE.  I have not posted as the defence were reading the thread.  An agreement was reached on the day of the hearing.   I am unable to go into detail but for those in this position the forum has been priceless support and advice so thank you all in the site team.   for those going through this, follow the process, ignore intimidating tactics and threats and get to the Judge.  They are very supporting of those self representing.   I note her name has gone from the heading of the thread.  Was this them ?  Thanks again.  
    • I'm not sure what the "appeal" system asked but he said he definitely didn't indicate he was the driver so I'm just going to have to take his word for it. Honestly, I don't think the hirer will contact them. I think my brother will tolerate it. I did have a similar experience with another company 6-7 years ago and sought advice on here then to which you guys told me to ignore, I got the exact same DRP letters and then a "Gladstones Solicitor" letter.  After that nothing happened and it died away. Based on my experience with that I assumed the same would happen here but only asked to see if perhaps anything had changed since then.    Hopefully it doesn't get to court but if it did, I feel like we have enough evidence to sway a judge who probably hates dealing with this type of nonsense anyway. Or maybe I'm too optimistic. 
    • Your attachment showing the cinema parking restrictions seems crystal clear. Let's see what the photos turn up.
    • Meter certification periods re given in The Meters (Certification) Regulations 1998, Schedule 4. From there you can check if they are correct about your specific meter .. https://www.legislation.gov.uk/uksi/1998/1566/schedule/4 If they're telling porkies then you have e clear grounds to tell them to take  hike. If they're correct or if you haven't been able to confirm then you have  few options. You could just keep fobbing them off. In general Octopus can't keep up with demand for smart meters. It took 9 months to get our. So they may not push too hard. Or ask if you can install your own choice of meter. The Electricity Act 1989 cover this in Schedule 7 (2) and (2A) https://www.legislation.gov.uk/ukpga/1989/29/schedule/7 Or fight the them and their enforcement. Or go off supply.
    • We received a copy of the completed Directions Questionnaire (N181) from the solicitors along with a draft copy of their directions. I am on a course today so can upload over the weekend if needed. By 4pm on 16th May both parties must each give standard disclosure of documents by way of list by category. By 4pm on 30th May any request for inspection or copies of docs must be made and compiled 14 days thereafter. I will provide more over the weekend.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Coop Credit Card debt from 2008. No correspondence since but now sold to Lowells


Pathway
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3761 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello

 

I had credit card debt with Coop. In 2008 I wrote to Coop and advised copy agreement they supplied was unreadable and requested ppi information.

 

I never received reply or any other correspondence.

 

That is until now - as the debt sold to Lowells - and they now require payment.

 

I thought under the Consumer Credit Act that an annual statement should be sent showing the outstanding balance. So is this a breach? - or just a tecnicality.

 

Any advices guys how I should proceed? I still need to get response from Coop about the ppi.

Link to post
Share on other sites

In my experience if you if you tell the dca (ie:lowells ) that you would be happy to settle what they claim is owed,if they provide the original signed agreement as proof you owe this debt.They are stymied as the bank,credit card co.Whoever.sell on the original.When you sign an agreement you have created a promissory note worth the sum borrowed which the bank sell on and make even more profit off You.There are template letters you can use,written in legalese.That's my suggestion,don't be afraid especially of toothless wonders like lowells .

Link to post
Share on other sites

In my experience if you if you tell the dca (ie:lowells ) that you would be happy to settle what they claim is owed,if they provide the original signed agreement as proof you owe this debt.They are stymied as the bank,credit card co.Whoever.sell on the original.When you sign an agreement you have created a promissory note worth the sum borrowed which the bank sell on and make even more profit off You.There are template letters you can use,written in legalese.That's my suggestion,don't be afraid especially of toothless wonders like lowells .

 

You don't really want to have such as admission on Lowells files.

 

What I would suggest that you do is write to Lowells to say something along these lines. Please be informed that Coop were unable to provide a legible copy of the CCA and this account has been in dispute since the request in 2008. Suggest that you refer the matter back to Coop, as they do not appear to have advised you of the status of the account.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

You don't really want to have such as admission on Lowells files.

 

What I would suggest that you do is write to Lowells to say something along these lines. Please be informed that Coop were unable to provide a legible copy of the CCA and this account has been in dispute since the request in 2008. Suggest that you refer the matter back to Coop, as they do not appear to have advised you of the status of the account.

 

Its just a suggestion for dealing with dca 's.One I've used successfully on several occasions.

Link to post
Share on other sites

The good news is as it's been sold any PPI refund is payable to you not deducted from the debt. I've claimed PPI back on my accounts that have been sold, but not on the ones still with the original creditors, unless the PPI exceeds the alleged balance.

In my experience the CO OP cough up easily on PPI.

Take Care

Jon

Link to post
Share on other sites

Send the suggestion posted bu unclebulgaria, then ignore Lowlifes, deal with CO-OP enter their complaints procedure and exhaust it,

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Many thanks for your replies.

 

Lowells have searched my credit file FIVE times in the last month. Is it all neceassary? How do u complain about this?

 

Also, Coop SHOULD have sent ANNUAL STATEMENTS - but have not. Is this a breach of Consumer Credit ACt? Anyone know when this came into force under the Consumer Credit Act?

 

Your advices appreciated.

Link to post
Share on other sites

This is interesting as pretty much the same thing has just happened to me - account with the Coop from whom I sought a copy agreement in 2009 and not only didnt get anything but have never heard from the Coop again. After that they put me through Equidebt and Moorcroft, asking for an agreement from them too - NO result - and they disappeared pretty quickly. That was the end of 2009. Now the Co seem to have sold the account to Lowells - letter asking for payment came in this morning. Perhaps with their attempts to buy the branches that Lloyds are having to sell off, the Coop needs every penny - bearing in mind that this could have gone for 1% they got about £10 for it!

I too will be following the advice of Uncle Bulgaria, other than to substitute "no copy" for "legible copy". Dont know what is most ridiculous - the Co for not getting the legals right in the first place, selling it after at least four years inactivity, or Lowells for being daft enough to pay for it.

Link to post
Share on other sites

Lowells have searched my credit file FIVE times in the last month. Is it all neceassary? How do u complain about this?

If they are unrecorded searches then only you and they will be able to see them.

Also, Coop SHOULD have sent ANNUAL STATEMENTS - but have not. Is this a breach of Consumer Credit ACt? Anyone know when this came into force under the Consumer Credit Act?

Which is why you should ignore lowlifes and deal direct with CO-OP, remind them of their responsibilities.

 

Your advices appreciated.

 

Start CO-OPs complaints procedure.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

  • 10 months later...

Hello

 

Have Coop credit card debt - requested SAR and copy statements - but COOP still charged full interest and charges

when they knew I was in financial hardship and sometimes EVEN WHEN I WAS MAKING TOKEN PAYMENTS. i HAD NOT REALISED AT THE TIME.

 

SO HERE IT GETS CONFUSING

 

THE OFT GUIDANCE STATES THAT CREDITORS SHOULD CONSIDER REDUCING OR STOPPING INTEREST IF SOMEONE IS IN FINANCIAL DIFFICULTY.

 

THE IMPORTANT WORD BEING "consider" I SUPPOSE.

 

THE FOS I UNDERSTAND ARE NOT UPHOLDING COMPLAINTS CONCERNING REFUNDS OF INTEREST ETC.

 

SO WHERE TO NOW?

 

THE AMOUNT OF INTEREST ALONE I HAVE CALCUALTED IS TO BE SOME £800.

 

SO I MAKE TOKEN PAYMENTS - YET THE COOP STILL GET THEIR MONEY PLUS INTEREST AT THE FULL RATE.:-)

 

IS THAT JUSTICE? I DID NOT INTEND FOR THIS TO HAPPEN WHEN I TOOK OUT CREDIT CARD -

BUT SERIOUS ILLNESS AND NOT BEING ABLE TO WORK CAUSED FINANCIAL HARDSHIP.

 

ANY IDEAS HOW TO APPROACH THE NEXT STEP??

 

THE ACCOUNT GOES STATUTE BARRED IN 30 DAYS!

 

MANY THANKS:-)

Link to post
Share on other sites

Have Lowell bought the account from Cooperative? They have been offloading quite a few lemons onto the more, shall we say, "gullible" DCAs recently due to the bank's own troubles.

If your main concern is inability to pay due to hardship, chances are you've probably already paid back more than the amount Lowell bought the debt for.

 

You say this will become statute barred in 30 days. Are you sure about this? No payments or written acknowledgement of the alleged debt in the last 6 years (5 in Scotland)?

 

If so, you could either ignore them for a month or send them a SAR (which doesn't reset the SB clock) and they have 40 days to respond. Although a SAR would cost you a £10 fee, you'd have written evidence of statute barred status or not.

 

Also, old Co-Op credit cards were often sent out with mis-sold PPI so after SB date, you may be able to enquire about refunds - you should see any added PPI listed in the SAR.

 

Hope that helps.

 

H. x

 

 

Link to post
Share on other sites

  • 4 weeks later...

Hello

 

Coop sold my credit card debt to Lowell 12 months ago.

 

Since then I asked Coop for copy statements under SAR - and have told Lowell that have been waiting for the copy statements.

 

Have now discovered that the last payment of £1 was paid to Coop in Dec 2007.

 

What do you advise ?

 

Shall I tell Lowell it is Statute Barred? - What is their usual reaction?

 

I have several serious health problems including heart failure and 69 years old.

 

I cannot keep dealing with these matters = it does not help my health.

 

Your opinions appreciated.

 

p.s Coop never wrote to me for the last 6-7 years.

Link to post
Share on other sites

What was the £1 payment for ? Was this for a CCA request or a token payment ?

 

If it was for a token payment, it may not be statute barred yet.

 

If you have not sent a CCA request to Lowell yet, this may be a good tactic now. It should delay matters, so that the account is definitely statute barred by time they get around to supplying a copy of the CCA.

 

What correspondence have you received from Lowell recently ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Hi

Do you know if the co-op defaulted your account before the December payment?

 

If you don't know, check your credit file. Also Lowell have been adding new defaults of late which they cannot do.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hello

 

Coop sold my credit card debt to Lowell 12 months ago.

 

Since then I asked Coop for copy statements under SAR - and have told Lowell that have been waiting for the copy statements.

 

Have now discovered that the last payment of £1 was paid to Coop in Dec 2007.

 

What do you advise ?

 

Shall I tell Lowell it is Statute Barred? - What is their usual reaction?

 

I have several serious health problems including heart failure and 69 years old.

 

I cannot keep dealing with these matters = it does not help my health.

 

Your opinions appreciated.

 

p.s Coop never wrote to me for the last 6-7 years.

As this is a credit card account you can send a SB Letter.

 

Ensure that the following phrase (s) are included ' I do not acknowledge any debt to Lowell' 'This alleged debt is now statute barred and no payments will be made now or in the future'. 'This letter is not an admission of any liability for the alleged debt'.

 

Address the letter to:

 

Ms Sara de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Recorded signed for post is best. Check date received.

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:

Link to post
Share on other sites

Well if they havent gone legal by now then I would send the SB letter,

While they could still go for legal action, SB i believe is a complete defence in this situation.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Hi

Do you know if the co-op defaulted your account before the December payment?

 

If you don't know, check your credit file. Also Lowell have been adding new defaults of late which they cannot do.

 

Yes V important to find the original default date

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Link to post
Share on other sites

Thread re-opened.

 

Please respond to the OPs issues only and not distract to other things

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...