SD lowell/BW - old Lloyds Credit Card

[42man]

Get the results of the SAR from Lloyds as soon as possible, make sure you report them to the OFT too, not really sure what you put in your defence, and it seems unreasonable that the judge wasn't able to address just you, or at least give you the chance to speak on behalf of your wife.

[Banking on change]

Thanks for your support guys.

 

The Mould hope you feel better soon and I look forward to hearing from you.

 

Mjt2013 There were costs awarded but I don't know the details. I get that the judge can refuse our request for lay representation but really what harm would it have done to allow me to speak? My wife was unprepared and is not good in such situations so immediately we were put at a disadvantage. When we walked into the room my wife went to sit in the chair furthest from the judge and in a very cold voice he said "No, no you sit here." In that moment I knew we had lost!

 

My wife is in bits and I don't know what to do to help. I've been up since 3 this morning, just can't sleep. Last night she had a massive panic attack. She has a heart murmur so it was very worrying. They don't have a clue what the ramifications of their action are! My wife is an amazing person and she doesn't deserve this. In her day to day work she saves peoples lives. I can't say more because I obviously don't want to identify her but the judge treated her like a criminal and belittled her, while asking nothing from the solicitor and treating him with respect. It's just wrong!!

 

Just to be clear about the debt, we have never said we refuse to pay. We said we couldn't pay when Lloyds put the pressure on and it was genuine. I don't want to go into all the details again about what happened but trust me we have had a hell of a time since 2009.

 

All we asked is to be given the documents that prove what we really owe, to check for illegal fee's or other additions. If the judge had set aside the SD Lowell could still take their claim to the small claims court which is what they should have done in the first place. As I said my wife was not ready for what happened so she was very flustered by his questions. He asked if she borrowed the sum on the SD which was just over £7,000. She said "probably it was probably about £7,000." But she said this under pressure. She couldn't have borrowed £7,000 because it was taken out in 2007 and paid until 2010.

 

42man with regard to the SAR are you suggesting writing to Lloyds again to request a new SAR or reminding them that they have not complied with the original request in 2012? What would we then do with that info?

 

Unclebulgaria67 sorry for the misunderstanding, yes it was our set aside hearing. The Judge denied it and gave Lowell the right to petition.

 

I get that we need legal advice but we can't afford it and I don't know where to start to find the right person even if we could. As stated earlier we have gone through a hell of a time since 2009. In 2010 we needed legal help, paid a solicitor £500 and didn't really get the advice we requested. They concentrated more on offering further services for more money and we couldn't proceed. I ended up on medication and in no fit state to do anything about it.

 

When I say we are in dire straights I mean dire, we've been under sever pressure now for five years. I'm not sure how much more either of us can take before something snaps.

 

You make a good point that we could get the same judge in which case there would be no point in even sitting down.

 

Thanks again to everyone.

[mjt2013]

I would seriously consider making efforts to negotiate now because the failed application will make it hard to raise objections at any bankruptcy hearing. Although you may want to know more about the debt you must consider the benefits to your and your wife's health in getting an agreement in place to remove the stress.

 

To be clear, I wasn't blaming you for trying to represent your wife but as an appeal had been mooted I thought it was worth saying that the judge's refusal to hear you would not be a basis to appeal.

[Banking on change]

Hi mjt2013

 

I really appreciate your input and I know you weren't criticysing me for wishing to represent my wife.

Not sure how we negotiate though with nothing to negotiate with. We barely scrape by.

 

We have a handful of properties all in neg equity. For example a flat we bought in 2004 for about £169k is now valued at £120k

We have no savings, no pension, no fancy car so I don't really know where they are going to get their money from by making my wife bankrupt.

 

We feel trapped and have been since the property bust. Our intention to refurbish and sell in 2008 was the beginning of all this trouble. Our capital including borrowed money was locked in the properties and we then couldn't sell due to the housing market. No way out!

 

We've been trying to hang on in hope of a recovery

[unclebulgaria67]

Do some phoning around, as there are Solicitors out there who will help you on a no win no fee or pro bono basis. But you need to do this ASAP, as they will need the time to prepare any case.

 

If you research online for Solicitors that deal with debt/bankruptcy, you will find them. Also search around for pro bono legal help, legal aid ?, community legal advice.

[The Mould]

Have a proper read of the legislation set outbelow that applies to the circumstances of your case which you have posted here, in particular the matters typed in bold, for example – ss.77(1) & (4)(a) and please confirm the following:

1. Did you make a s.77 /78 Request to your originalcreditor, and if so, did he comply with it?

2. When your original creditor sold/assigned theagreement, did the new owner/assignee comply with your s.77/78 Request?

3. Did youreceive a Notice of assignment from the original creditor to inform you that hehad sold the agreement?

4.Did your original creditor serve a statutory andvalid default notice upon you?

5. Were you in communications with your originalcreditor as regards any missed payments? If so, were any new agreements made with him for you to pay at a reducedrate for a temporary period?

6. What was the reason as to why you made anapplication to act as lay representative for your wife?

7. Do you own property? If so, is it jointly owned and is the debt a joint debt of both you and yourwife’s alleged as due and owing?

Plenty more questions may follow, however, advice, opinion, help and support willnot be far behind the same.

You have just been petitioned for bankruptcy, therefore, you have nothing more to lose by fighting this matter usinglegislation as your sword and shield, andyou have everything to gain by using the same against this judgment against you.

If the original creditor and the assignee/new ownerof the debt claimed have not complied with their obligations imposed upon themas laid down in the below legislation, then you can appeal this decision and obtain a judgment in your favour toannul the bankruptcy order under s.282(1)(a) of the Insolvency Act 1986.

Consumer Credit Act 1974

1974 c.39 Part VI Section 77

s.77Duty to give information to debtor under fixed-sum credit agreement.

E+W+S+N.I.

(1)Thecreditor under a regulated agreement for fixed-sum credit, within theprescribed period after receiving a request in writing to that effect from thedebtor and payment of a fee of [F1£1],shall give the debtor a copy of the executed agreement (if any) and of anyother document referred to in it, together with a statement signed by or onbehalf of the creditor showing, according to the information to which it ispracticable for him to refer,—

(a)thetotal sum paid under the agreement by the debtor;

(b)thetotal sum which has become payable under the agreement by the debtor butremains unpaid, and the various amounts comprised in that total sum, with thedate when each became due; and

©thetotal sum which is to become payable under the agreement by the debtor, and thevarious amounts comprised in that total sum, with the date, or mode ofdetermining the date, when each becomes due.

(2)Ifthe creditor possesses insufficient information to enable him to ascertain theamounts and dates mentioned in subsection (1)©, he shall be taken to complywith that paragraph if his statement under subsection (1) gives the basis onwhich, under the regulated agreement, they would fall to be ascertained.

(3)Subsection(1) does not apply to—

(a)anagreement under which no sum is, or will or may become, payable by the debtor,or

(b)arequest made less than one month after a previous request under that subsectionrelating to the same agreement was complied with.

(4)If the creditorunder an agreement fails to comply with subsection (1)—

(a)he is notentitled, while the default continues, to enforce the agreement; (my emphasis added)

s.78Duty to give information to debtor under running-account credit agreement.

E+W+S+N.I.

(1)Thecreditor under a regulated agreement for running-account credit, within theprescribed period after receiving a request in writing to that effect from thedebtor and payment of a fee of [F1£1],shall give the debtor a copy of the executed agreement (if any) and of anyother document referred to in it, together with a statement signed by or onbehalf of the creditor showing, according to the information to which it ispracticable for him to refer,—

(a)thestate of the account, and

(b)theamount, if any currently payable under the agreement by the debtor to thecreditor, and

©theamounts and due dates of any payments which, if the debtor does not drawfurther on the account, will later become payable under the agreement by thedebtor to the creditor.

(2)Ifthe creditor possesses insufficient information to enable him to ascertain theamounts and dates mentioned in subsection (1)©, he shall be taken to complywith that paragraph if his statement under subsection (1) gives the basis onwhich, under the regulated agreement, they would fall to be ascertained.

(3)Subsection(1) does not apply to—

(a)anagreement under which no sum is, or will or may become, payable by the debtor,or

(b)arequest made less than one month after a previous request under that subsectionrelating to the same agreement was complied with.

(4)Whererunning-account credit is provided under a regulated agreement, the creditorshall give the debtor statements in the prescribed form, and with theprescribed contents—

(a)showingaccording to the information to which it is practicable for him to refer, thestate of the account at regular intervals of not more than twelve months, and

(b)wherethe agreement provides, in relation to specified periods, for the making ofpayments by the debtor, or the charging against him of interest or any othersum, showing according to the information to which it is practicable for him torefer the state of the account at the end of each of those periods during whichthere is any movement in the account.

[F2(4A)Regulationsmay require a statement under subsection (4) to contain also information in theprescribed terms about the consequences of the debtor—

(a)failingto make payments as required by the agreement; or

(b)onlymaking payments of a prescribed description in prescribed circumstances.]

(5)Astatement under subsection (4) shall be given within the prescribed periodafter the end of the period to which the statement relates.

(6)If the creditor under anagreement fails to comply with subsection (1)—

(a)he is not entitled, whilethe default continues, to enforce the agreement;F3. (my emphasis added)

Consumer Credit Act 1974

1974 c.39 PartVII Default notices Section 87

s.87Need for default notice.

E+W+S+N.I.

(1)Service of a notice on the debtor or hirerin accordance with section 88 (a “default notice ”) is necessary before thecreditor or owner can become entitled, by reason of any breach by thedebtor or hirer of a regulated agreement,— (my emphasis added)

(a)toterminate the agreement, or

(b)todemand earlier payment of any sum, or

©torecover possession of any goods or land, or

(d)totreat any right conferred on the debtor or hirer by the agreement asterminated, restricted or deferred, or

(e)toenforce any security.

(2)Subsection(1) does not prevent the creditor from treating the right to draw upon anycredit as restricted or deferred, and taking such steps as may be necessary tomake the restriction or deferment effective.

(3)Thedoing of an act by which a floating charge becomes fixed is not enforcement ofa security.

(4)Regulationsmay provide that subsection (1) is not to apply to agreements described by theregulations.

[F1(5)Subsection(1)(d) does not apply in a case referred to in section 98A(4) (termination orsuspension of debtor's right to draw on credit under open-end agreement).]

s.88Contents and effect of default notice.

E+W+S+N.I.

(1)The default notice must be in theprescribed form and specify—

(a) the nature of the alleged breach;

(b)if the breach is capable of remedy, whataction is required to remedy it and the date before which that action is to betaken;

©if the breach is notcapable of remedy, the sum (if any) required to be paid as compensation for thebreach, and the date before which it is to be paid.

(2)A date specified undersubsection (1) must not be less than [14] days after the date of service ofthe default notice, and the creditor or owner shall not take action such as ismentioned in section 87(1) before the date so specified or (if no requirementis made under subsection (1)) before those [14] days haveelapsed. (my emphasisadded)

(3)Thedefault notice must not treat as a breach failure to comply with a provision ofthe agreement which becomes operative only on breach of some other provision,but if the breach of that other provision is not duly remedied or compensationdemanded under subsection (1) is not duly paid, or (where no requirement ismade under subsection (1)) if the [F114]days mentioned in subsection (2) have elapsed, the creditor or owner may treatthe failure as a breach and section 87(1) shall not apply to it.

(4)Thedefault notice must contain information in the prescribed terms about theconsequences of failure to comply with it [F2andany other prescribed matters relating to the agreement].

[F3(4A)Thedefault notice must also include a copy of the current default informationsheet under section 86A.]

(5)Adefault notice making a requirement under subsection (1) may include aprovision for the taking of action such as is mentioned in section 87(1) at anytime after the restriction imposed by subsection (2) will cease, together witha statement that the provision will be ineffective if the breach is dulyremedied or the compensation duly paid.

s.89Compliance with default notice.

E+W+S+N.I.

If before the date specified for that purpose inthe default notice the debtor or hirer takes the action specified under section88(1)(b) or © the breach shall be treated as not having occurred.

Kind regards

The Mould

[Banking on change]

The Mould, thank you so much for your support. You have no idea how much it mean to have people like you prepared to help!

 

Answers below to your questions.

 

1. Did you make a s.77 /78 Request to your original creditor, and if so, did he comply with it?

We sent more than one letter requesting information, the final one being a full SAR in which we requested amongst other things the original CCA. They did not comply.

 

2. When your original creditor sold/assigned the agreement, did the new owner/assignee comply with your s.77/78 Request?

They promised to supply the required docs in October. When we went to court they had not supplied any docs. In court the solicitor representing told the judge that lloyds the original creditor were not interested in supplying the documentation and had washed their hands of the matter. I was amazed that he actually said this!

 

3. Did you receive a Notice of assignment from the original creditor to inform you that he had sold the agreement?

No but how do you prove that?

 

4. Did your original creditor serve a statutory and valid default notice upon you?

I'm not sure about this. You see at the time this all went pear shaped I was very ill and my wife was trying to cope on her own.

 

5. Were you in communications with your original creditor as regards any missed payments? If so, were any new agreements made with him for you to pay at a reduced rate for a temporary period?

We explained that due to situations beyond our control we couldn't pay at the time. There were no discussions about any alternative arrangements. They handed it off to a solicitor who wrote to us then the next thing we knew Lowwels had the account and immediately threatened us with SD.

 

I'm not 100% but I think the SD might be wrongly served.

1. I thought the person named on the SD had to be contactable? I was never able to speak to him only someone who sounded like a junior (had to put me on hold to ask questions).

2. The SD was sent by bike courier without an envelope so our data was not protected.

 

6. What was the reason as to why you made an application to act as lay representative for your wife?

My wife's work means she has a duty to protect her mental health or she can't work. She is also not as good as I am in legal situations and I had done all the research etc so I was prepared with the required argument. I tried to steer her but the judge kept talking over me and when my wife did ask any questions they were just steamrollered over with counter questions all from the judge. The solicitor never had to get involved other than to agree the costs and make his comment about Lloyds washing their hands of the situation! The judge never considered our legal argument, was just of the mind that if you borrow you pay. Didn't care how much we borrowed. Didn't care about anything really just had his mind already made up.

 

7. Do you own property? If so, is it jointly owned and is the debt a joint debt of both you and your wife’s alleged as due and owing?

Yes we have a few properties (supposed to be our pension) but they are probably all in negative equity (one is minus 50K). The debt is in my wife's name and the properties unfortunately are all in her name bar one.

[Banking on change]

Do some phoning around, as there are Solicitors out there who will help you on a no win no fee or pro bono basis. But you need to do this ASAP, as they will need the time to prepare any case.

 

If you research online for Solicitors that deal with debt/bankruptcy, you will find them. Also search around for pro bono legal help, legal aid ?, community legal advice.

 

Thanks. I'm on it today!

[The Mould]

The Mould, thank you so much for your support. You have no idea how much it mean to have people like you prepared to help!

 

Answers below to your questions.

 

1. Did you make a s.77 /78 Request to your original creditor, and if so, did he comply with it?

We sent more than one letter requesting information, the final one being a full SAR in which we requested amongst other things the original CCA. They did not comply.

 

2. When your original creditor sold/assigned the agreement, did the new owner/assignee comply with your s.77/78 Request?

They promised to supply the required docs in October. When we went to court they had not supplied any docs. In court the solicitor representing told the judge that lloyds the original creditor were not interested in supplying the documentation and had washed their hands of the matter. I was amazed that he actually said this!

 

3. Did you receive a Notice of assignment from the original creditor to inform you that he had sold the agreement?

No but how do you prove that?

 

4. Did your original creditor serve a statutory and valid default notice upon you?

I'm not sure about this. You see at the time this all went pear shaped I was very ill and my wife was trying to cope on her own.

 

5. Were you in communications with your original creditor as regards any missed payments? If so, were any new agreements made with him for you to pay at a reduced rate for a temporary period?

We explained that due to situations beyond our control we couldn't pay at the time. There were no discussions about any alternative arrangements. They handed it off to a solicitor who wrote to us then the next thing we knew Lowwels had the account and immediately threatened us with SD.

 

I'm not 100% but I think the SD might be wrongly served.

1. I thought the person named on the SD had to be contactable? I was never able to speak to him only someone who sounded like a junior (had to put me on hold to ask questions).

2. The SD was sent by bike courier without an envelope so our data was not protected.

 

6. What was the reason as to why you made an application to act as lay representative for your wife?

My wife's work means she has a duty to protect her mental health or she can't work. She is also not as good as I am in legal situations and I had done all the research etc so I was prepared with the required argument. I tried to steer her but the judge kept talking over me and when my wife did ask any questions they were just steamrollered over with counter questions all from the judge. The solicitor never had to get involved other than to agree the costs and make his comment about Lloyds washing their hands of the situation! The judge never considered our legal argument, was just of the mind that if you borrow you pay. Didn't care how much we borrowed. Didn't care about anything really just had his mind already made up.

 

7. Do you own property? If so, is it jointly owned and is the debt a joint debt of both you and your wife’s alleged as due and owing?

Yes we have a few properties (supposed to be our pension) but they are probably all in negative equity (one is minus 50K). The debt is in my wife's name and the properties unfortunately are all in her name bar one.

 

Get back to you later on this. In the meantime, aside from your SAR, did you actually request a copy of the agreement pursuant to s.77/78 CCA 1974 (as amended) - this is very important and not the same as an

SAR Request.

 

As regards the default notice, I need a positive response from you on the same - either a valid default notice was served or it was not.

 

Please review your own records of this agreement/account and confirm the above.

 

Thank you in advance for your consideration and attention hereto.

 

Look forward to hearing from you shortly.

 

Kind regards

 

The Mould

[The Mould]

Sorry, as regards para 3 above posted by you, see - s.136 & 196 of the Law of Property Act 1925, this will provide you with the answer to the same as regards proof.

 

Kind regards

 

The Mould

[Guest]

banking

as mould asks, did you actually do a cca request pursuant to the consumer credit act with the 1£ fee (eg as per the template on cag?) rather than just 'a letter requesting information', and a dsar?

 

re a bankruptcy petition, do look up info on that, and consider consulting the likes of CAB, National debtline, for eg if can't do legal advice. they might be able to help also. a petition (if comes) can poss be challenged itself depending on the circs, eg re service and compounding.

Edited December 3, 2013 by Ford

[Banking on change]

Yes a copy of the CCA was requested. I thought we just sent SAR but my wife remembers dealing with this herself because of my illness in 2010 /2011. She sent CCA but using template from another source not the CAG one. The SAR wasn't sent until 2012.

 

With regard to the default notice if it was served it would have been in 2010 and as I mentioned earlier I was very sick. But reading the info you refer to (s.136 & 196 of the Law of Property Act 1925) if I understand correctly, and it's very complex for a non legal like me, it seems the default notice would need to have been hand delivered or sent by registered post. If that's correct Lloyds will have a record of it and we can SAR them again. I don't remember signing for anything from Lloyds since or including 2010 and neither does my wife. Could this be the reason Lloyds didn't respond to the SAR, because they would be required to send a copy of the default notice and they don't have it?

 

I'm sorry I can't be more accurate at the moment regarding the default notice.

 

I will get another SAR out to Lloyds tomorrow or is there something I can send that has a shorter time frame for reply as a SAR is 40 days. I remember reading something about a discovery request or something like that when you are going to court but the other party refuse to provide documents requested.

 

Should I resend the CCA request again and do recorded delivery? And should I point out that a CCA was requested previously and they failed to respond?

 

Thanks again guys!!

[Banking on change]

Yet More Proof of the Judge Lottery!!

 

Yesterday I consulted a solicitor in my area. I explained what happened last week and he looked at the case.

After reviewing the case he said "Who was the judge?"

 

I said "Can't remember I'll look at the court order."

 

Whilst I searched throught my docs to find it he replied, "Was it judge *********."

 

He was spot on! I said "oh he has a reputation then", to which he replied "I can't comment."

 

Mmmmmm say no more.

 

Our case was as I though, very tight but we were unfortunate enough to have one of those judges.

Like I said earlier the decision was made before we entered the room.

 

So on direction of the solicitor I read the CCA 1974 again. He suggested appealing on a point of err at law.

The act is legislation right, and therefore a statutory law, and clearly states if the original CCA is not produced

the claimant is not entitled, while the default continues, to enforce the agreement.

 

"(6)If the creditor under an agreement fails to comply with subsection (1)—

(a)he is not entitled, while the default continues, to enforce the agreement; "

 

Any thoughts on wording our appeal?

 

Thanks

[unclebulgaria67]

Yes and I expect BW Legal or others acting for Lowells know which Judges are more helpful to creditors. They have been issuing these SD's and following through with bankruptcy for a few years now. In that time, they will have made many hundreds of people bankrupt. They must therefore know when the Judge is allocated whether they should proceed or not. Recently there have been a number of withdrawals by BW Legal/Lowells at the court, because they did not have the paperwork.

 

In your case, if you have a Judge that sits on most of these type of cases, you are taking a risk trying to deal with it as a LIP. In another thread on here, it was the same Judge who looked at the appeal and they decided they were correct in the first place !

[Banking on change]

thanks UB

 

There has to be something very wrong in a judge reviewing his own decisions at appeal. I'm sick of this and I refuse to lay down and die. So if that did happen I would make a complaint against the judge. It's nuts that any person could hear a case against themselves. Surely prejudice/conflict of interest is an obvious argument against this.

 

Surely if a judge makes a ruling that is err in law, and then rules in his own favor in an appeal (making the error twice) the law society or whatever their governing body is must look at it??

 

Any way no intention of giving in and more than willing to personally protest (peacefully) outside the court. I will do what ever it takes to bring attention to the actions of this judge. At the end of the day if Lowell make us bankrupt and the judge is complicit in this, I have nothing else to lose.

 

Our case was no different to Gf2K and he won his so there has to be something wrong with any case where there is no CCA and the judge rules for Lowells. Is there any way to get access to statistics on this?

 

So BW and Lowell if you are watching this thread (probably) take note, I will fight you all the way and then some!!!

When a man has nothing else to lose this is when he is most dangerous.

[mjt2013]

Unclebulgaria, could you link to the thread you mentioned? I'd be very surprised if the same judge heard an appeal, as opposed to an application to set aside, because appeals must be decided by a higher level of judge than the one which made the original decision. If District Judge Smith, for example, made the decision not only should he not hear the appeal but no District Judge should hear it.

[unclebulgaria67]

I think it might be wendyboats case.

[Banking on change]

We have now decided to CCA every account we've had over the past 10 years.

Can anyone advise if each account needs a separate CCA or can we put all accounts from an individual bank on one document to keep it simple?

 

Also the CCA templates all specify a postal order, can we substitute a cheque?

And if we can put multiple accounts on one doc do wee need to add £1 per account?

 

Thanks guys

 

(DCA's take note - When you cast the first stone expect some rocks to come your way lol)

[unclebulgaria67]

It needs to be a separate CCA request per account. You can pay by cheque if you wish, with just one cheque, if it is the same company you have several accounts with.

[The Mould]

It needs to be a separate CCA request per account. You can pay by cheque if you wish, with just one cheque, if it is the same company you have several accounts with.

 

 

Agreed with uncle as regards the above.

 

 

Wendyboats case posted here in these legal forums would be a great help to you in relation to your situation. Peruse the same.

 

 

Going to re-read your entire case posted here and then I shall offer my further advice/support/opinion and help to you and your family on the same.

 

 

Sit tight, I am looking at your case, as I promised I would and I shall post further for you later on today.

 

 

Godzilla

 

 

From The Mould.

Edited December 12, 2013 by The Mould
spelling mistake

[Banking on change]

Excellent thanks guys!!

[The Mould]

My post #31 provides you with the law that you can rely upon in this matter.

Your posts #32 & 37 confirms that original creditor is in default of your s.77/78 CCA Request 1974 (as amended) and his obligation to comply with the same, if he does not (as in your case) the said sections of legislation clearly states that he is not entitled to enforce the agreement.

As regards assignment of the agreement, which actually means that your original creditor has sold the agreement/debt to another entity/third party; the relevant legislation that applies to such can be found in sections 136 & 196 of the Law of Property Act 1925. Did you receive any such notice from the original creditor in this respect?

As regards the default notice element of this matter, please check and double check your own paperwork of records for this agreement in order to establish if a valid statutory default notice was served on you (your wife) pursuant to s.87(1) of the CCA 1974 (as amended), before these proceedings were commenced?.

OK, you have some homework to undertake, when you have done so, please post up your findings on the above without delay.

Kind regards

The Mould

Hang on in there.

[Banking on change]

Okay just read the wendyboats case.

 

Mould you mentioned the ppi being a potential for appeal.

My wife was (and is) self-employed

Has previous medical issue (lifelong)

Never requested PPI

Clearly a miss-sold policy

 

In our case the ppi is substantial, over £50 per month for about 3 years I think.

 

Just looked at a statement and horrified to read:

 

automatic dd payment of 208.26

Payment Protection of 54.09

interest 154.10

 

In other words exactly what the bank probably loves, an account going nowhere and netting them over £200 every month for doing nothing!!!!

[The Mould]

Okay just read the wendyboats case.

 

Mould you mentioned the ppi being a potential for appeal.

My wife was (and is) self-employed

Has previous medical issue (lifelong)

Never requested PPI

Clearly a miss-sold policy

 

In our case the ppi is substantial, over £50 per month for about 3 years I think.

 

Just looked at a statement and horrified to read:

 

automatic dd payment of 208.26

Payment Protection of 54.09

interest 154.10

 

In other words exactly what the bank probably loves, an account going nowhere and netting them over £200 every month for doing nothing!!!!

 

 

In relation to your second paragraph above, my opinion would be that you contact the creditor direct and make your reasonable offer to him in writing. Forget trying to negotiate through his instructed sols.

Notwithstanding the above, please peruse the relevant law set out below, which ought to help you make a decision on this matter that is suitable to you and your family.

As regards the clearly mis-sold ppi on this agreement, I would suggest that you contact Site Team member dx100uk as he is the expert on this matter and he should be able to help you as regards the calculations that ought to be deducted from the amount claimed and therefore reduce your liability for the amount claimed..

In relation to the selling of the agreement between Lloyds and Lowells (the Claimant) - yes, the relevant legislation is laid down in sections 136 & 196 of the Law of Property Act 1925.

Remember this: creditor fails to comply with s.77/78 Request CCA 1974 (as amended) - then he is not entitled to enforce the agreement while he remains in default of said Request.

Failure of any creditor to serve a valid statutory default notice pursuant to s.87(1), then creditor is not entitled to enforce the agreement.

As regards assignment of the agreement, the original creditor must serve such notice on the debtor pursuant to s.136 & 196 of the Law of Property Act 1925, if these requirements are not met by the original creditor, then, the assignment is not valid in law and the alleged new owner of the debt has no standing to enforce the agreement.

Kind regards

The Mould

[Banking on change]

Mould You are a diamond!!

 

Re your comment: "In relation to your second paragraph above, my opinion would be that you contact the creditor direct and make your reasonable offer to him in writing. Forget trying to negotiate through his instructed sols." I'm not sure I follow what you mean by make a reasonable offer. I'm not looking to make them any offer, I'm looking to challenge their win re my set-aside being refused.

 

So I'm going to file an appeal. Any guidance on this would be very much appreciated.

It has to be done by Monday I believe.

 

I wish to argue that the judge was err at law as there was no CCA, no default notice and ppi on the account.