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    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company. They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may, rep- you either do or you don't, I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok. The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
    • the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.
    • Hi all,    Quick update. I still haven't heard anything from Excel regarding the SAR.  I'm hoping the one from Elms Legal will turn up tomorrow in the post! 
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Coop Credit Card debt from 2008. No correspondence since but now sold to Lowells

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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.

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CCA request to Lowell and formal Subject Access Request to Co-Op.

 

See if Lowell have access to the agreement and the SAR should reveal all you need to know about PPI and/or unlawful charges on the account.


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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 .

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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.


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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.

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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

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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!

 

 

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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.

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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.

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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!

 

 

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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:-)

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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


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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.

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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 ?


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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.


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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

 

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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.


 

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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


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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

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