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oammanii

BW legal/Lowell SD for two HBOS credit Card Debts . please help !!

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Hello Guys,

 

I am new toi CAG but

 

I have been servered with SD just yesterday by PS on behalf of BW Legal/Lowell.

 

They are calims I owe them a debt of over 10k from two HBOS credit card debts (combined).

 

I use the HBOS card is the past but not any more and as far as I can remenber have paid all the balance has all been paid

but they are claiming the is a debt and I am in default so they have now bought the debt from HBOS

and demanding a claims asap as they will bunkrupt me and sell my house.

 

to make sure they have proof of the debt.I dont think I owe them any debt and have told in writting via the CCA that I am in dispute of their claim.

 

Now I have 18 days to set aside the SD and need help from you guys. I have been told there good advisers on this CAG forum so please help.

 

I need to write a witness statement to dispute the claims before the dealine but I have not done one before.

 

Do I need A lawyer to do this for me ?

 

thanks guys if can help.

Edited by citizenB

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Hello and welcome to CAG.

 

I'll move your thread to the legal forum, where the guys will know what to do. I'll leave a short term redirect here for you to follow to the new forum.

 

My best, HB


Illegitimi non carborundum

 

 

 

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You need to find out from HBOS whether you had a debt with them. If you have your HBOS details, perhaps contact them to make an urgent request for copies of all statements of account.

 

Also you should check your credit record to see if this debt is noted.

 

I would have thought that had you had a debt for £10k you would know about it. You mention 2 credit cards. Did you have a second card holder ?


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I would think you need to send your SAR letter to the original creditor - not Lowells.

 

You will find a draft SAR letter in the link below.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?404-Data-Protection


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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

 

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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You need to find out from HBOS whether you had a debt with them. If you have your HBOS details, perhaps contact them to make an urgent request for copies of all statements of account.

 

Also you should check your credit record to see if this debt is noted.

 

I would have thought that had you had a debt for £10k you would know about it. You mention 2 credit cards. Did you have a second card holder ?

 

I used to have HBOS credit cards but the APR was jerked up so I setted the balance off and stop using it in 2011 around january. I dont even have the cards any more .2 years ago I had a phone call from HBSO that I was in arrears on my CC but I told them that I have paid it off so they should close the account and that was it. After serveral phone calls to resolve it i gave up. They wrote to me in the past but I ignored it and they stopped so I taught its soughted.

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Thanks for your quick responses.Should I send my SAR to HBOS and not Lowel ? The debt is now sold to Lowell according to the SD that I have received.Any advise please ?

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So you paid both Cards off and you have retained proof of payment...thats all you need to set a side the SD.

 

Regards

 

Andy


We could do with some help from you.

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So you paid both Cards off and you have retained proof of payment...thats all you need to set a side the SD.

 

Regards

 

Andy

 

ANDY,i TRAVEL ALOT DUE TO MY JOB SO I DONT HAVE A PROOF NOW AVAILABLE TO PROOF IT SO I AM WORRIED.WHAT CAN I DO TO STOP THE SD IN THE ABSCENCE OF A PROOF ?

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Hello Guys,Just give you all an update on where things are with the bullies,#I have sent a SAR and CCA request to :1: OC - HBOS2: Lowell Portfolio 1 - Assginee2: BW Legal -Legal Rep for LowellI am waiting patiently for their response as the clock is ticking and the 14 days deadline is 25th October 20013 .Is there anything I have to do to support my Witness Statement to put aside the SD while waiting for their responses ?Please Help.Many thanks

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oammanii, you get 18 days from the date the SD came into your hands to set aside.

 

When was it served on you ?

 

Ok, 14 October, in which case you have until 1st November to submit your set aside application :)


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

 

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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CitizeB,Thanks for your thread, I will be submitting my set aside application before 1 November 2013 so that is on schedule and I wouldn't forget even if I win the Euro-million jackpot this weekend lol.I need advice here ?Getting as solicitor to write the Witness Statement or going for LIP which one will scare the hell out of the bullies ?As far as cost is concern the Looser take it all so I dont mind but I need some advice just I case I am missing any vital considerations that will comeback to bite me in the behind ?Please advice

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You can instruct a solicitor if you feel unable to deal with this as a LiP. That is your choice, sadly we are unable to recommend.

 

Almost certainly a Solicitor will elicit more respect from the other side than a LiP will :(

 

If you look round the forums though you will see that quite a few caggers have successfully defended their corner.


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

 

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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CitizeB,

 

I am a newbee, so can you advice me on how to become a Platinum Account Holder on CAG ?

 

What is the difference btn a basic and platinum account holder ?

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CitizeB,

 

I am a newbee, so can you advice me on how to become a Platinum Account Holder on CAG ?

 

What is the difference btn a basic and platinum account holder ?

 

:lol: It is to do with the number of posts you have. TBH, I don't recall what number of posts are required for Platinum status.. so will find out for you.


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

 

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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It is my understanding that you require over 6,000 posts to be a Platinum Account Holder :)

Edited by citizenB

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

 

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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http://www.consumeractiongroup.co.uk/forum/showthread.php?307194-red-icon-instead-of-green&p=3493785&viewfull=1#post3493785

 

The last post of the thread linked above will give you some more information :)


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

 

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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Hello Guys,

I need advice on the following points:

I am drafting the witness statement to set aside the SD but I am not sure if I need to produce evidence to support the following claims:

1). That the accounts were in dispute with the original creditor before it was assignment to Lowell

What are some of the good dispute reasons that I can state to convince the DJ?

Do i have to produce any material evidence to show that my claim that there was a dispute?

Can I say I made my compliant to the OC on the telephone and not in writing? Is this acceptable?

2). Default charges/penalty charges

How can I prove that the OC have added default charges to the debt ?

Any advice on the following will be helpful

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At this stage, all you have to do is give your reasons for applying to set aside. No supporting evidence at this time - you will be asked to provide this along with a witness statement should it go to a hearing.

 

Do you have any statements that show default charges being added to your account? If not, I would advise you send a Subject access request to the Original Creditor, pretty swiftly - you will find a draft letter in the CAG library - top left of the screen and highlighted in Green.

 

The request is for all information in respect of your financial relationship with the company and they have 40 calendar days to reply. You will need to send £10.00 with the request. You should then receive statements as part of the data provided.

 

You should also receive something called a communication log/diary of events - this is a record of all communication whether it was in writing or telephone. As they are supposed to pop notes onto the log as to the reason for the contact, you should be able to identify the call you made with your complaint.

 

IMHO

 

Reasons for dispute could be..

 

That they had not complied with a cca request

That they had not advised of any interest rate increases

That you were not happy with default charges being added to the account without good reason.

 

Please only say any of the above if it actually happened.


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

 

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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CitizenB,

Many thanks.

I do not have any of thestatements with me now so I don't know if default charges have been applied tothe account but I am sure they have.

At the time I stop using thecredit cards I knew the balances were zero or may be pennies and ask them toclose it but it looks like they did not.

Unfortunately I don't have theylast statement from the accounts so I can prove it was zero balance at the time.

I hope that the SAR request fromthe OC will be useful in proving that at the hearing if the SD is set aside?

And what if the OC/ Lowell arenot able to produce a SAR on the accounts for me before the hearing?

I have also sent a SAR/CCA requestto BHOS/LOWELL/BWL already and waiting for their response.

Regarding the dispute reasons, Idid not request for CCA/SAR from the OC before they sold the debt to Lowell,and I also did not CCA/SAR

Lowell until I got the SD so I amwondering if that is a valid reason to state for set aside?

I don't have any DN and NOA fromeither OC or Lowell and I don't know if they did send any of that. If they didthen I may have accidentally discarded them as they were too much junk mailscoming through the post and I throw most away as I did not know what it was allabout until I got the SD.

Can I also add the following asdispute reasons?

1. No Default Notice was received?

2. No Notice of Assignment was received?

Thanks you all for your help

Thanks

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Hello Guys,

 

Any help will be appreciated. I posted a query last week and need some answers if anybody out there can help.

 

Secondly Lowell has sent me an acknowledgement letter for my SAR request and it has an interesting read I will like to share with CAG.

 

Can anybody show me how to post it on here please ?

 

Thanks

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Bump.

Anyone help Omani please? I'm ill in bed, so not up to it, sorry :(

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Dx100 – Instructions on uploading pdfs

 

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

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

open a new message box here

hit go advanced below the message 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

NB: you can set where it goes in the post by hitting insert inline.

Then hit reply button


Illegitimi non carborundum

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And the full version,


Illegitimi non carborundum

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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 CAGlink31.gif in the title

i'e Default notice DDlink3.gif-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


Illegitimi non carborundum

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