Jump to content



  • Tweets

  • Recommended Topics

  • Posts

    • No it's not on my credit file, never has been either 🤷‍♂️
    • Ok thank you. So, am I implying correctly that even though I am overseas, and able to have any correspondence to the UK address forwarded to me, there is still a chance that bankruptcy proceedings could be brought against me?   Selling the property isnt really an option.    Also I'm a bit confused. In reply ~12 the advice is to get the defaults and let them run their six year course, but if I make small payments wouldnt that keep the clock running?
    • Well, we have also been done by Yewtree Cars/James Harrison! We bought a Land Rover Discovery from him off a dealer site on 28th December 2020. He advertised it as 1 loving owner (true, I tracked him down on Facebook, really nice guy!) throughout the advert WOW full dealership service history, WOW new cambelt, WOW new MOT, WOW full valet including decontamination clean WOW, WOW, WOW!!! We paid £4500 for the car plus £280 for delivery from Solihull to Winchester. He sent 3 texts reminding us to ‘look after the delivery guy cuz he’s a top man’! Soon worked out that HE was the delivery guy! They dropped the car off and scarpered. It was dark when it arrived, initial thoughts were it was disgusting inside. I have never seen such a filthy interior. He even left his sweet wrapper inside. He drove the vehicle down to us (we thought that we were paying for a transporter). It was running on fumes, so we took it out to get fuel. Straight away noticed automatic gearbox slipping. Not a good start. Next day messaged dealer asking for the receipt, twice, he said that he was in Dubai (in his dreams!) for 2 weeks but would send it when he got back.  Before he delivered the car, he said that if we weren’t happy he would personally come and collect it. Sent him a message (I like to keep proof of conversations) to say that we certainly weren’t happy and wanted to return it. His reply was - SOLD AS SEEN, YOU GOT A CHEAP CAR! Thinking we would have to cut our loses, we had a new gearbox put in, only to find that the crankshaft had also gone and then the bottom part of the engine had to be replaced. Also the suspension at the front was leaking oil (mentioned as an advisory on the previous mot, which he said had been done). He forged an entry in the service book saying that it had just had a cambelt change (false Land Rover stamp), confirmed by previous owner and Land Rover. So, after 8 weeks of being at the garage and £7000 - YES £7000! later we certainly did get a cheap car from him. Are we going to let this go? NO! I have found out his real name and I am going to pursue him through the court until I get this money back. He is the worst kind of confidence trickster, a lier and a thief. We will have no hesitation in scouring Solihull for him, whatever it takes.
    • You want to avoid any CCJ's, by ensuring all UK creditors have your current address abroad.  Also as dx suggests, making small payments based on current affordability would be wise.   Keeping the accounts running with original creditors bu making minimal payments, will give you time to consider options.   If it were myself in this position, I would be thinking how quickly could I get the tenants to vacate the UK property and how quickly could it be sold.  This would enable me to at least retrieve some equity after repaying any secured loan and the equity would then enable me to plan the next steps in my life.  I am not advocating walking away from debts, but I would be thinking, that if I end up with CCJ's or worse Bankruptcy, then with additional costs being added, I would have no money left.  And worse, if I had  to sell the property quickly, it may sell at a reduced price and I could still owe a debt after it had been sold.   So may be you should be getting some formal financial/legal advice in the near future, to see what you can do, to protects your interests as much as possible.    
    • Well rac just responded    Ironically they're saying they bear no liability as the - and this is their words   "the catastrophic engine damage had already occurred before the first patrol arrived"    I've emailed back to say simply that we are unable to accept this explanation as the patrol did not raise any concerns in regards to engine damage and that if the engine had been "catastrophically damaged" that they still bear liability for advising to continue towing on it which caused the actual failure    Gave them 14 days to reconsider before opening small claims...     
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Co-op Current account/Personal Loan merged upon default.


Please note that this topic has not had any new posts for the last 1853 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Ive decided to nip this is the bud before it spirals out of control.

 

Lowells wrote to me...again today (the usual junk).

 

Ive been looking at similar threads but can't find anything.

 

When my account was defaulted back in 2009,

i had a loan with them,

they plonked the personal loan into the current account and piled it all together, totalling around £4300.

 

The account number Lowells have supplied corresponds to my old current account.

 

I'd like to know how exactly it added up to that much.

 

I have read that i can't send a CCA?

 

I sent off for a SAR a about 6 weeks ago,

i received a response about 2 weeks later that they couldn't find anything within 6 years.

 

They needed account numbers, previous addresses and needed me to sign the SAR,

i have done so and returned it to them today recorded delivery.

 

I'd like to get Lowells dealt with before they even pick up momentum.

 

Thanks :-)

Link to post
Share on other sites
  • Replies 118
  • Created
  • Last Reply

Top Posters In This Topic

You can send a CCA to Lowell as there was a Loan involved.

Coop in theory shouldnt have merged the 2 accounts but they have.

 

Raise a complaint with Lowell if you are unhappy as I would imagine they now OWN the debt.

Check your credit file and see what appears on it.

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites
You can send a CCA to Lowell as there was a Loan involved.

Coop in theory shouldnt have merged the 2 accounts but they have.

 

Raise a complaint with Lowell if you are unhappy as I would imagine they now OWN the debt.

Check your credit file and see what appears on it.

Didn't think of that. It says current account on Noddle.

In theory, if it owes that much on a current account would that be overdrawn?

Link to post
Share on other sites

The letters I received (2 of for 2 different debts with them, both identically worded).

 

We want to help you clear your account.

 

We know it can be hard managing your finances and we are willing to be flexible with you. However we do need to hear from you so that we can set up an arrangement and prevent any further action taking place.

 

This debt is not going to go away and ignoring the problem could make things worse for you. We have said in previous we require payment in full or if you cannot shots to pay it off in one go you can pay monthly.

 

Pay from £1 per day.

 

On so on ....

 

Bearing in mind the last 2 identical letters I received were from them 3 months ago saying they were escalating the accounts to their legal department (Hamptons).

 

 

I'm currently defending another account they via Bryan Carter, not sure if they know this? (Claim has been issued and I've refused their consent).

 

I've not bothered to contact any creditors in 3 years or more.

 

Do I issue them with CCA's just to shoot them down at range?

 

I racked up a lot of debt back in 2007 and lost track of anything. I want proof of what is what.

Link to post
Share on other sites

Point out the merging of the accounts to Ms Sara de Tute Director of legal and compliance at the Lowell Group.

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:

Link to post
Share on other sites
Point out the merging of the accounts to Ms Sara de Tute Director of legal and compliance at the Lowell Group.

I don't have any proof of this. I just vaguely remember this happening I think.

The account numbers are the same as my old current account, I know this because I still have my very first debit card.

 

I did consider sending the "prove it letter".

Wanted to seek advice off you guys before proceeding.

Link to post
Share on other sites

Yes send the prove it letter, remember to refer to "the alleged debt" and do not acknowledge any liability, send to Ms de Tute.

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:

Link to post
Share on other sites
Yes send the prove it letter, remember to refer to "the alleged debt" and do not acknowledge any liability, send to Ms de Tute.

I'll get that typed up later :-)

 

Regarding the other identical letter I received for an old credit card, would that call for a CCA or prove it?

Link to post
Share on other sites

If you know what they are begging for, and it is a CC (pre2007) then you could send them a CCA request, using whatever reference/account number they have quoted.

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!

 

 

Link to post
Share on other sites

It's much easier to collect against a current account debt than a personal loan, so I suspect that is why they decided to do that. Maybe the personal loan is unenforceable ...

Link to post
Share on other sites

The merging of two entirely separate accounts, which fall under totally different parts of the CCA, and will have different T&C's is a definite no non.

The FCA would take a very dim view of this, and if they were ever dumb enough to con a judge into attempting to enforce this, then he wouldn't be too pleased either when it is pointed out to him.

 

I would just be demanding the CCA under whatever ref/account number they have quoted, and see how far they get with that.

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!

 

 

Link to post
Share on other sites

The prove it letter went out today altered to suit me. Went 2nd class recorded.

Let's see where it goes.

My second SAR is in progress so I'll see where that ends up.

I'll be requesting the CCA I think once she replies.

Link to post
Share on other sites
  • 2 weeks later...
The prove it letter went out today altered to suit me. Went 2nd class recorded.

Let's see where it goes.

My second SAR is in progress so I'll see where that ends up.

I'll be requesting the CCA I think once she replies.

I think it's got lost?

 

Item ABCD1234 was posted at "your local store" on 15/04/14 and is being progressed through our network for delivery.

Link to post
Share on other sites
I think it's got lost?

 

Item ABCD1234 was posted at "your local store" on 15/04/14 and is being progressed through our network for delivery.

A thought did you use an address for Lowell with a PO Box number? There is always a problem with RD letters when these are used with Lowell also with 2nd Class RD delivery will be affected by the bank hols.

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:

Link to post
Share on other sites
A thought did you use an address for Lowell with a PO Box number? There is always a problem with RD letters when these are used with Lowell also with 2nd Class RD delivery will be affected by the bank hols.

 

In my experience, it's a euphemism for, "we think that we have lost it, but it could be that we delivered it, but couldn't be @rsed to get a signature, after all, you're only a customer, in truth we don't know, and don't care"

 

I have a pile of slips here, that have brought the same result

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

Link to post
Share on other sites
A thought did you use an address for Lowell with a PO Box number? There is always a problem with RD letters when these are used with Lowell also with 2nd Class RD delivery will be affected by the bank hols.

I took the address from this thread:

http://www.consumeractiongroup.co.uk/forum/showthread.php?400441-Unknown-default-from-Three

 

Address:

 

Private & Confidential

For The Personal Attention of

Ms Sarah de Tute

Director of Legal & Compliance

The Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

Suppose its had 6 working days.

Link to post
Share on other sites

Another possible alternative:

 

What would happen if the loan was paid using the current account, leaving the current account overdrawn and the loan paid?

 

I'm going to give the letter til the end of the week, if no response of signs of delivery i'm just fire off a CCA request.

Link to post
Share on other sites

This happened to me with a HSBC account.

 

I did a SAR but it wasn't particularly illuminating.

 

I can only assume that they used their right to set off the balance of the loan to the current account (effectively they paid the loan off).

 

I have yet to see case law or a good explanation of why this is a no-no (although I have seen a lot of opinions from some very well experienced and qualified people). I have been trying to find this information in a format that could be used in a defence to a claim.

 

In my case, the sum demanded from the DCA contained the whole of the balance of an account covered by the relevant sections of the CCA , so I requested a copy of the agreement and the notice of assignment so that I could confirm the sum demanded and their legal right to do so. They failed on both counts.

 

I disputed the "account". Unsurprisingly, they have not been able to resolve my dispute.

 

Another possible alternative:

 

What would happen if the loan was paid using the current account, leaving the current account overdrawn and the loan paid?

 

I'm going to give the letter til the end of the week, if no response of signs of delivery i'm just fire off a CCA request.

Link to post
Share on other sites
I have yet to see case law or a good explanation of why this is a no-no (although I have seen a lot of opinions from some very well experienced and qualified people). I have been trying to find this information in a format that could be used in a defence to a claim.

 

So have I !

 

Pretty much it can be argued that, a Loan has it's own T&C's with it's own interest rate, whereas an Overdraft, will have a completely different set of T&C's and interest rate.

 

So to amalgamate them both together without your knowledge would leave you at a serious disadvantage, and this would be deemed unfair practices using BCOBS, or if a credit card has been lumped in with an overdraft it would be questionable under COBS.

 

Plus it goes without saying that if they have fabricated a new acco8unt number, then any request for the CCA using that Acct number will be impossible to provide, not only that you will be able to show that you a) didn't sign the agreement, b) Knew nothing of it until they merged two separate account and gave it a new Acct number.

 

The reason that there is no case Law regarding this, is simply because they have been caught out prior to issuing legal proceedings and their legal teams have advised that they should indeed separate the accounts and chase individually, this is especially important when they have merged accounts to bring the total balance above £750. (The BR threshold)

 

That's my opinion on it, well how I see it, hopefully I'm not too far from the truth?

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!

 

 

Link to post
Share on other sites

Well the account number in question relates to the old current account.

 

I'm awaiting the second shot at the SAR, and the first response from the SAR is that because so much time had passed, nothing was available.

 

Do i send a repeat "prove it" to Ms De Tute as i don't think the first will arrive, or just send a CCA request?

Link to post
Share on other sites

No I would wait, let sleeping dogs lie.

 

The longer they take to respond simply shows just how 'urgent' and 'important' these issues really are.

 

Letter tennis is tedious and expensive.

 

As for SAR's 40 Calender days in which to comply, or it gets escalated to the ICO for investigation.

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!

 

 

Link to post
Share on other sites
No I would wait, let sleeping dogs lie.

 

The longer they take to respond simply shows just how 'urgent' and 'important' these issues really are.

 

Letter tennis is tedious and expensive.

 

As for SAR's 40 Calender days in which to comply, or it gets escalated to the ICO for investigation.

*IF* the letter has actually been received. I want at least one letter on their desk.

At least if i send a CCA it has a countdown timer with it?

 

Opinion?

 

SAR #2 has been 14 days.

Link to post
Share on other sites

So did get a response from the "prove it letter" today, and i send the CCA letter yesterday :lol:

 

Pretty generic letter, not even from MS De Tute, pffffft.

 

Thank you for taking the time to contact us recently.

 

I confirm that your complaint has now been passed to the customer relations department who will carry out a thorough investigation. We will investigate this as quickly as possible as we can but we may need to contact you for further information or to provide you with an update. (Oh really, you bought the "debt", and you hassle me, and yet you need me to provide you with info. You guys need to get things in order before you start these things)

 

If we can contact you by telephone, we will be able to discuss your concerns directly with you and hopefully agree a resolution with you verbally (yeah and thats as good as the paper its written on). This is the quickest and easiest way for us to resolve this for you.

 

I would like to assure you that the account will be place on hold, and we will stop all collections activity whilst dealing with your complaint.

 

We enclose a copy of our internal complaints procedure for your information. Please take your time to read this, as it explains fully the steps we will follow in responding to your complaint.

 

In the meantime, if you have any queries please do not hesitate to contact my team by calling the free.....yes free! telephone number which brings you directly through to the customer relations department.

 

Questions:

 

Will receiving the CCA letter this week affect this response?

 

And i have another "proof letter" winging its way to just Lowells P.O Box this week, i assume that i'll just get a repeat response of this?

Link to post
Share on other sites

Tim... who is the complaints advisor here who is dealing with it?

Id give them a little chance here, I actually think Lowell's CR is reasonable for what Lowell are.

 

But also i agree that it should be kept in writing :), But like i said they did wonders for me :)

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...