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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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Co-op Current account/Personal Loan merged upon default.


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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 :-)

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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.

 

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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?

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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.

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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.

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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.

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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!

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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?

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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!

 

 

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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 ...

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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!

 

 

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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.

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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.

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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:

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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!

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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.

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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.

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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.

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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!

 

 

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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?

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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!

 

 

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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.

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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?

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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

 

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