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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
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Lowell/BWLegal advice if poss


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Hi all, It's a while since I've been on, but your advice in the ast has been excellent so thank you.

 

Today I received a claim form from NorthamptonCCBC, Claimant - Lowell/BW Legal.

It says that I owe £451.19 but it does not say what its for or who its from so I'm rather confused!

I have had debts in the past but obviously if I don't know what it's for how can I be expected to pay it, Don't get me wrong, If I owe it then I'll pay it but I have absolutely no idea what it's for!

 

Please see attached photos of the form and thank you in advance for any help

Edited by citizenB
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Well it says that BW Legal will be sending you details of what debts have been included.

 

You should write to BW Legal asking for a full disclosure of all the information they hold, statements of account from original creditors and copies of agreements with original creditors.

 

Sounds as if they have hovered up a few debts in your name and lumped them together for one claim. You would obviously acknowledge the claim and defend, so that they have to prove the debts. The particulars of claim are pretty vague.

We could do with some help from you.

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I have deleted one of the images as it had the claim number on it. If you could just let me know what the issue date was, because I forgot to look at that !!

 

The claim says for "numerous original creditors" and that they will be serving full particulars on you separately. Have you received this yet.

 

It looks like they might have hoovered up a few small debts and issued one claim. You need those full particulars becuase they are not allowed to merge non CCA debts with CCA debts.

 

Aside from which, you will need to know if any of these are statute barred (older than 6 years from the first missed payment) or indeed if you agree with the sums outstanding.

 

So.. first thing, if you could let me know the date of issue so we can work out your timeline and I will send S.O.S for advice regarding how we obtain information that you require in order to establish what debts these are :)

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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

 

 

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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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Thank you for the reply, not had one of these before so do I just fill in the forms and return them to BW?

 

Not unless you want to obtain a Judgment by default..

 

You acknowledge the claim online, once you have the information they say they are going to send separately then you can decide if you are going to admit and pay or defend !

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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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Thanks for the relies, the issue date was 20th of January 2014

 

Ok, your timeline is as follows:

 

Date of issue = 20.01.2014 + 5 days for service = 25.01.2014 + 14 days to acknowledge = 08.02.2014 + 14 days to submit defence = 22.02.2014

 

So anytime up to the 8th February you can acknowledge receipt of the claim. So they pretty much have until then and then 14 days after to advise you of what the claim is made up from.

 

You can write to BW legal if you wish and confirm that you have received the claim form - that they advise in this that they are serving on you separately fuller details of the claim - not least as to how it is made up and who are these "numerous original creditors" . That you have not yet received this and would they please provide it as a matter of urgency.

 

A few suggestions as to what these could be would be catalogue debts - mobile phone contracts that have not been closed down properly !

 

I guess you could look at your credit files to see if there are any amounts being recorded as in default ?

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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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  • 2 weeks later...

Hi all, well I sent a letter to Lowell/BWLegal and have not received a reply! Is there anything else I should be doing?

What should I do if they don't reply?

I have acknowledged the claim online but not sure what to do next!

Thanks in advance

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These people(Lowell/BWLegal) are not replying to my letter, I have not received the information they say that they have!

What do I need to do in this situation?

 

hi cornish have you sent a CPR31.14 request?

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No, I sent a letter asking what the debts are basically, not really sure what I should be doing!

I have copied this from another post, is this what you mean?

 

Account No:

 

After conducting an audit on my account I wish to request a copy of my dafault notice and copy of the assignment.

 

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data.

1.
You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit. Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

 

2.
Please also supply me with a signed, true certified copy of the original default notice.

 

3.
You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

I would request that this data is provided to me within the next 14 days. If you are unable to provide this data then I require all adverse information to be removed completely, including any defaults that may have been applied. Please note that mere correction or amendmentlink3.gif to the entry will not be acceptable.

 

Yours faithfully

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No they have not replied, I have received nothing

 

ok. so seems then they have failed to comply with civil procedure rules requirements ie

Practice Direction 7E para 5.2, 5.2A, 6.1 (if stated 'detailed' to follow, 'must' serve such partics re rule 7.4(1)(b)...)

Rule 7.4 (1)(b) ie 14 days, etc

options: strike out app'n? defence without, including request for strike out? cpr request? not sure atm. give citizenb a nudge to look in?

IMO

:-):rant:

 

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Righto, well they say they will send more detailed particulars but they havent done so.

 

I think we established there is more than one account they appear to be claiming form, but without more information.. eg.. what the debts were originally then you dont know if you do actually owe this money.

 

have you acknowledged the claim online ? That was your first priority ?

 

I will ask andyorch to look in on you - I think you have 10 days before you need to submit your defence so try not to panic too much for the minute :)

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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Excellent :) I am sure andyorch will look in on you as soon as he is online.

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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Same scenario here... same Claimant same Sol...turns out its only a single debt with court fees and sol fees added.The additional Particulars show no further information than the Northampton PoC and I'm not sure the Solicitor actually knows why they are stating this in their particulars...unless it's a standard PoC to incorporate numerous debts irrespective of whether there is or not.

 

Have a read of the following thread and follow the guidance here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?416410-Lowell-BW-Court-Claim-old-vanqius-card-debt-Help-Please

 

Filing separate particulars of claim

 

CPR 5.2

(1) Subject to the sub-paragraphs below, the claimant may serve and file particulars of claim separately from the claim form but the claimant must in the claim form

(a) state that the particulars of claim will follow; and

(b) include a brief summary of the claim.

(2) Where the claimant serves the particulars of claim separately from the claim form pursuant to sub-paragraph (1), the claimant must –

(a) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(b) file a certificate of service in form N215 at the Centre within 14 days of service of the particulars of claim on the defendant.

(3) The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 1.3(2)(e) within 7 days of service of the notice of transfer.

(4) Where the proceedings are not transferred under paragraph 1.3(2)(e) and remain at the Centre, the claimant is not required to file the particulars of claim unless ordered to do so.

 

Regards

 

Andy

Edited by citizenB
replaced broken link

We could do with some help from you.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?416410-Lowell-BW-Court-Claim-old-vanqius-card-debt-Help-Please

 

Here you go, I dont know why the link previously broke down.. but you should be able to open it now.

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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