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Halifax and Lowell advice needed


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Hi,

 

Advice please for my hubbies account,

 

he had an account with Halifax which has now been sold to Lowells,

 

I sent a CCA and have received the credit agreement and terms and conditions, all looks ok there,

apart from receiving it in 2 envelopes with covering letters,

1 giving 7 days to reply and the other giving 14 days to reply with payment proposals.

 

I have been looking around other threads and have found something that I think applies to him,

 

back in 2011 he received a default letter dated 16/5, asking him to pay the arrears by 30/5 or the account will be terminated,

(unfortunately we did not have the funds at that time) he then received a letter dated 27/5 that the account has been closed.

 

I did not notice this before,

can I now send a letter to Lowell that I am disputing the account,

due to the discrepancy of the default and termination letter,

as they have not given sufficient time to pay before closure.

 

This account has been transferred to various DCA over the last 2 yrs, but now has been sold to Lowells

 

I am also claiming back charges and just about reply when I have seen this.

 

Thank you for any replies, B

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can you scan up the invalid DN please

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My guess is the 'closure' letter was formal notice that termination was going to happen i.e. on the 30th.

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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back in 2011 he received a default letter dated 16/5, asking him to pay the arrears by 30/5 or the account will be terminated,

 

 

Well this would have been invalid anyway - there has been no allowance for posting the Default Notice.

 

he then received a letter dated 27/5 that the account has been closed.

 

And this 2nd letter took a further 3 days off the remedy period !!

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi,

 

Thanks for all your replies, Its taken me a while to get to grips with the uploading of docs. I hope this works

 

 

 

 

Can you please have look at these, and confirm if this is an invalid D/N.

 

Thank you so much

 

B

Edited by buster991
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2 days for posting [if 1st class is the 18th

2 weeks from there is 1st june

 

invalid DN.

[and i'm being nice with the dates of postage]

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx

 

Thanks for your reply, have you any ideas how I word the letter to Lowell, regarding this invalid D/N, do I also add that I dispute the amount owing due to the charges.

 

Many thanks

 

B

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I would not be tiping off lowlife the DN is invalid justyet.

 

what is the due balance

and what does your charges equate too

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Thanks for your reply again

 

The balance is just over 2100, and the charges are approx 300, so it will not clear the balance unfortunately.

 

Should I just send a letter disputing the amount at this stage then, I need to send something to them soon, I don't want this to go to court.

 

So when do you mention the invalid D/N, at the court stage ?

 

Advice please

 

Thanks again B

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Was there a 2nd page to the DN that advised there should have been an OFT leaflet enclosed or that you could seek advice from a Solicitor or the CAB - the wording should look something like the attached .

 

 

[ATTACH=CONFIG]46729[/ATTACH]

 

 

 

[ATTACH=CONFIG]46728[/ATTACH]

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Share on other sites

No hurry :)

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Just sending a letter to Lowell disputing the amount due to charges and offering a small payment per month.

 

Also a letter/ spreadsheet reclaiming charges to HBOS

 

I have been reading around all the threads, am I right in saying that if the D/N is invalid I bring this up when and if they start court action.

 

Thanks for your replies

 

B

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