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    • I Submitted my defence last weekend,. In short, denying all allegations and requesting that the claim be struck out as claimant has no documents to support their claim and  have failed to provide any evidence whatsoever that any monies are owed to them by me and I considered it an abuse of process.   I have now received their directions questionnaire where they are championing 'Mediation over the telephone'   Should I agree to mediation once I receive the questionnaire from the court bearing in mind the dispute is about the existence of the alleged account and the lack of documents to prove it exists/ existed?   All I can say in mediation is that I've never heard of the account...... Do Lowell have to provide documents to the mediator?    Thanks in advance for any advice offered and sorry if the answers can be found elsewhere, but I'm not sure where to look 🤓   Spam 
    • Thank you all for the comments.. I hope to get a transcription of the recording, but I don't know if that's possible. I have asked the Court so will see what comes back. This is an overview and may not be exact wording..    I'll add the highlights from what I understood.. [both Judge & Mr D were well into the legal jargon].. some of the more technical discussion was lost on me..   Opening Statements.. VCS......Events from Incident to Court summons.. pretty much the WS opening Me........Night time, bad weather, bad visibility, children in danger walking on the road so "Signs" were not very clear VCS......Pictures on their WS were in daylight. Picture of the car we very blurry due to the rain. VCS agreed it was bad.. Me........Kangaroo Court - Every drop down on the appeal site is an admission of some sort of guilt. Needs to be an "Other" in case your situation doesn.t match Judge...Asked for clarification on POFA from VCS  VCS......Explained POFA in his terms and what he understood Judge...Was it a Parking event? VCS......No, it was a Stopping event Judge...Asked VCS who owns the land.. he didn't know so I told him Southend Council owns the freehold of the airport, but it has been leased since 1994 to London Southend Airport Company Limited Judge...Surprised VCS didn't know that Judge...Asked VCS if the Contract is relevant? VCS......Yes,  Judge...Still not clear VCS......Quoted VCS v Ward & Idle..  Me........That's not in your WS so is it admissible? Judge...That's not relevant in this case.. he had a quick look. Judge...Is the land relevant VCS......No real valid response, referred to VCS contract with the airport. Me........Why is Mr Wasi the paralegal not here as he may know? Judge...Section 46 refers to Parking/Waiting. Me........It all refers to Parking.. and I was not parked or waiting.. ## I expect Simple will see this as a loophole so may change it ##   Closing Statements: Me........VCS are aggressive in all their actions, as you can see by the Letters in their WS.. I also went through all the Arguments at a high level, such as Bye-Laws, Road Traffic Act [Public access etc.., the POFA discussed Parking, not Stopping, PO Box on the Signs, no address. VCS......Pretty much same as the Opening statement as far as I remember..    Judge...   Car was stopped for 30 seconds Multiple Signs The Driver "did" enter into a Contract as they entered the airport But.... Does POFA apply Needs distinction Stopped not Parked Only applies to Parking Judge referred VCS to Jopson v Homeguard 👍  Defendant wins the case & is not obliged to pay VCS any Fines   Judge to VCS... do you want to Appeal VCS.. Yes Sir................... but after 20 seconds he changed his mind to No Sir, no appeal at this time..  Judge to VCS... you have 3 weeks to appeal if you change your mind.   So.. VCS may appeal, but I had a feeling that he may have been tapped on the shoulder and advised to say No.. at the time..     ### As far as I can remember, this is how it went down ###.
    • Let us know when the hearing date has been set and then we will try to help you sort out your arguments and your documents. You will need to submit a court bundle. Please follow the court bundle link
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    • 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.


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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 :)

"Robert Sharman".

I've had a belly full of them lol.

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Im not surprised on this one :) , While i despise the gits, they are still pretty reasonable (Customer Relations that is) in my view compared to most companies...

Think you should respond with in writing only etc... Then itll stick there

 

We could do with some help from you.

 

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Im not surprised on this one :) , While i despise the gits, they are still pretty reasonable (Customer Relations that is) in my view compared to most companies...

Think you should respond with in writing only etc... Then itll stick there

I'm not daft enough to discuss anything like this over the phone.

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  • 3 weeks later...

Ok, quick upon and a little advice needed.

 

I received a letter from Lowells dated 8/4 saying they were in receipt of my CCa request and may take a little longer to process due to them having to getting in contact with the original creditor etc. They also said they are requesting a copy of the CCA along with statements.

I filed the above under ignore for now.

 

Ok, regarding the SAR, it was delivered to them on the 16/4. Its almost 40 days, and still no sign of it. I do have a mail redirection in place as i have moved. What happens once the 40 days has elapsed?

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Ok, regarding the SAR, it was delivered to them on the 16/4. Its almost 40 days, and still no sign of it. I do have a mail redirection in place as i have moved. What happens once the 40 days has elapsed?

 

There is a failed SAR letter in the CAG library which you can use.

 

You are also at liberty to file a complaint with the ICO.

 

If you wish you can sue to force compliance.

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A CCA has 12+2 days. They have responded within the timeframe and said it may take longer. Is this allowed? I would assume that they are just dragging their heels.

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If they have failed the CCA request within the permitted time then they cannot enforce through the courts until they have complied.

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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  • 3 weeks later...

I sent the failed letter for the SAR and they replied today and i'm a tad confused.

 

They said they sent the response last month, but i didn't receive it. They included a copy of the letter and it said:

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal data held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject Access Request under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

 

So is this all they now hold on me, just empty husks of accounts?

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You say you didn't receive the bank's response with their file of your data?

 

Following the receipt of the above letter I would be checking where they sent it and letting them know that you have not received your data.

 

You might also like to contact the ICO as the Co-Op may be playing silly whatsits.

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

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You say you didn't receive the bank's response with their file of your data?

 

Following the receipt of the above letter I would be checking where they sent it and letting them know that you have not received your data.

 

You might also like to contact the ICO as the Co-Op may be playing silly whatsits.

No, what i read it as, was that was a copy of the letter i didn't receive.

 

I can post up a copy of the letter i received today?

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Ok I may have misunderstood.

 

So what did you receive from your SAR request to Co-Op?

 

What data did you get?

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1. Single Premium PPI Q&A Read Here

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Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Letter today:

 

Re: Account number: 123456789, 123456789, 1234567889

 

 

Thankyou for your letter requesting information for the above accounts.

 

According to our records, all your available personal information which you are entitled to receive in response to the Subject Access Request under the Data Protection Act relating to the above numbered accounts was sent to you on 01/05/14 at below address, a copy of the letter is enclosed.

 

*MY OLD ADDRESS* (I have a redirection in place)

 

Please advise which information we have not provided so in order to process your request.

 

If you have any issues or queries, please do not hesitate to contact me.

 

I trust this information will be useful to you.

 

 

 

Copy of the letter enclosed, that they sent but didn't receive.

 

THIS IS THE SAR

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal dataicon held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject access requesticon under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

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Ok so my understanding was correct...you did not receive your SAR data

 

Copy of the letter enclosed, that they sent but didn't receive.

 

THIS IS THE SAR

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal dataicon held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject access requesticon under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

 

So post #34 applies.

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Read Here

 

How To Upload Documents To Cag

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I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

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Ok so my understanding was correct...you did not receive your SAR data

 

 

 

So post #34 applies.

When I spoke to them a few months ago, they told me the systems had been updated and some stuff wiped.

 

Do I contact the co-op again? Or straight away take it higher.

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Tell them that you have received nothing despite their claim that they have sent you stuff.

 

Give them 14 days to respond.

 

If they don't then get on to the ICO.

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

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Wait, you have mail redirected.

 

Have you informed them previously of your current address

 

They may have sent your information via courier to your *old* address. I'm not sure that would necessarily get redirected? Hopefully someone can confirm that,

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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This is a copy of the letter they originally sent out. That's it:

 

 

 

Re: Account number: 123456789, 123456789, 1234567889

 

I am pleased to enclose our file detailing the personal dataicon held by this bank in connection to the above numbered account.

 

This is a copy of all of your available personal information which you are entitled to receive in response to the Subject access requesticon under the data protection act.

 

I trust this information will be useful to you.

 

Yours Sincerly.

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Yes you have posted that before.

 

The point is that you have not received your data (or the original of that letter)

If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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  • 2 weeks later...

I have received another response from Lowell. And its almost IDENTICAL to one i received almost 3 weeks ago.

 

The jist of it says, we haven't completed our investigation yet, please allow another response no later than 8 weeks from the date of your complaint.

The letter saying they had received my complaint was dated: 25th April, which means the 8 weeks expired last Friday, and they sent the letter on the Thursday.

 

They are in default of their agreed 8 weeks for completion.

 

So what to do now. Is an S10: http://www.consumeractiongroup.co.uk/forum/showthread.php?387321-S10-Notice-To-Cease-Processing-of-Data

 

Something that could be sent. I will also be looking into reporting the the to the FOS.

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  • 2 weeks later...
Wait, you have mail redirected.

 

Have you informed them previously of your current address

 

They may have sent your information via courier to your *old* address. I'm not sure that would necessarily get redirected? Hopefully someone can confirm that,

You were right. There was a whole reem of paperwork at my old address delivered via courier.....in May.

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I have received another response from Lowell. And its almost IDENTICAL to one i received almost 3 weeks ago.

 

The jist of it says, we haven't completed our investigation yet, please allow another response no later than 8 weeks from the date of your complaint.

The letter saying they had received my complaint was dated: 25th April, which means the 8 weeks expired last Friday, and they sent the letter on the Thursday.

 

They are in default of their agreed 8 weeks for completion.

 

So what to do now. Is an S10: http://www.consumeractiongroup.co.uk/forum/showthread.php?387321-S10-Notice-To-Cease-Processing-of-Data

 

Something that could be sent. I will also be looking into reporting the the to the FOS.

I still have received nothing. Guidance appreciated :)

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  • 1 month later...

Looking for some advice here on my next move.

 

I sent Lowell the "Prove it letter" in regards to 2 debts they've been chasing me for. They took this as complaint and stopped all collection on both the accounts.

 

I was told that the accounts would be investigated and I'd have a final decision 8 weeks from the date the claim was received by them. The beginning of May!

 

I'll I've got off them is "oh we are sorry it's taking this long, we haven't yet completed the investigation, please bear with us". And I've had 3 of these.

Enough is enough.

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Hello there,

 

If Lowell have taken your 'prove it letter' to be a complaint you may wish to take your complaint to the Financial Ombudsman Service now that eight weeks have passed. You can read more on complaining here: http://www.financial-ombudsman.org.uk/consumer/complaints.htm

 

Best wishes,

 

David @ National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Looking for some advice here on my next move.

 

I sent Lowell the "Prove it letter" in regards to 2 debts they've been chasing me for. They took this as complaint and stopped all collection on both the accounts.

 

I was told that the accounts would be investigated and I'd have a final decision 8 weeks from the date the claim was received by them. The beginning of May!

 

I'll I've got off them is "oh we are sorry it's taking this long, we haven't yet completed the investigation, please bear with us". And I've had 3 of these.

Enough is enough.

 

Yes you could complain to the FOS, but all they will do is ask Lowell to follow the correct complaints handling timescales. Lowells will come back saying that they have had trouble getting information from the original creditors.

 

Personally I think I would leave it for now and see whether they come back with anything.

 

This appears to be related to your Coop thread. Coop have made it more difficult because of the loan being applied to the current account.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?422469-Co-op-Current-account-Personal-Loan-merged-upon-default.&p=4568053#post4568053

 

When approximately did you take out the personal loan ?

We could do with some help from you.

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Send a stern email to Sara de tute... And then watch them squirm... If you want her email address, then I can give it to you over PM

 

We could do with some help from you.

 

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

 

**Fko-Filee**

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