Jump to content



janet37
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2650 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Yes it is. I am so relived,,, hope that this is the end of lowells years of harrasment, the help from everyone on here was invaluable , I was a quivering wreck at he start and had some very low days but it has been worth it..

 

Were there any issues that you did not have time to look into. PPI, charges, date of last payment ? If the SD was only set aside due to lack of default notice and non compliance with a CCA request, perhaps it may be worth sending a subject access request to original creditors, if not already done so. I am just thinking that it might be wise to be pro-active in obtaining any information and pursuing anything you can. At some point, if the debt is not statute barred, I would think that Lowells might be back again.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Replies 212
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I wrote a letter to the court in my defense as I w as unable to attend due to ill health, I listed in bullet points the history of the debt, I also said I believed the debt to be statute barred, eean though lowells said i had made a payment (I am 99% sure I never did,) In the letter that came from the court , it said the judge read my letter and on that evidence the SD is set aside,

Link to post
Share on other sites

I wrote a letter to the court in my defense as I w as unable to attend due to ill health, I listed in bullet points the history of the debt, I also said I believed the debt to be statute barred, eean though lowells said i had made a payment (I am 99% sure I never did,) In the letter that came from the court , it said the judge read my letter and on that evidence the SD is set aside,

 

It is tempting to sit back and enjoy the peace. But if there is any slight chance of Lowell coming back again, it might be worth sending an SAR to original creditors. If you have never paid any DCA, then the last payment will have been made to original creditors. Makes sense therefore to send the SAR asking for copies of all statements and any documents you want to see.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

What you must do now without fail is report them to the OFT

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

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

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

I will do I am unsure how to do this, is there a letter on this site that I could use?

 

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/competition-act-1998/complaints#.UYApR6K-ksc

  • Confused 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 4 weeks later...

I have had a letter from BW Leagal with a copy of set aside court order I would asssume that that this is the end of the matter, Lowells still have a default registered on my credit file with equifax but it is due to drop off in a couple of months. I have reported the matter to OFT.

Link to post
Share on other sites

This should be the end of the matter, but keep us posted please.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

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

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

  • 1 month later...

can I be moved to the successful thread please not sure if I do it or admin? thank you!I know from personal experience that people get a boost to read somgood news. wh

Link to post
Share on other sites

Thread moved to Success Forum.

 

Well done Janet:wink:

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Well done Janet, excellent news :)

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

Link to post
Share on other sites

  • 5 months later...

Any advice would be good as I am not sure weather to ignore the letter

or if I am going to have to go to court again for the same debt

 

it seems LLowel have passed debt to fredricksons after it was set aside in court.

 

It was set asided as staute barred and other reasons( illegal charges and the debt being in dispute).

 

I have notice of the debt being set aside from the court.

Link to post
Share on other sites

Hi

Can you clarify this for me.

 

Lowell got a CCJ by whatever reason you did not defend.

You had the CCJ set aside as in your opinion it was Statute Barred

Freds are now chasing.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

That's better. I was confused (doesn't take much)

 

So no CCJ just an SD that was set aside.

 

As the judge set it aside on the grounds of Statute barred I would ignore Freds (same building as Lowell) and complain direct to Lowell for passing on a debt they knew to be SB

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I would be dropping en email to the OFT too explaining exactly what has happened.

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

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

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

Link to post
Share on other sites

  • 2 months later...

Had a letter from this shower to say that on behalf of their client Lowell

they have issued litigation proceedings in the county court,

which I received with the same letter.

 

This debt was set aside in court last year with help from people on this site,

 

Can they continue to harass me like this,

 

should I just ignore not sure what to do any advice would be gratefully accepted

 

thank you.

Link to post
Share on other sites

Hi thanks for reply it was a credit card debt set aside because it was statue barred. I am not sure if they can force me to court again? It made me so ill last time with worry, but people on this site really helped me to deal with it,

Link to post
Share on other sites

Nothing to stop them reissuing a claim after a previous judgement was set aside because e.g., judgement by default has been made.

 

 

A claim set aside does not mean the problem debt has gone away, usually one would then compile a defence ready for a new hearing.

 

Who applied for the set aside?

If you did what were the grounds for this?

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

I applied for it on the grounds that the debt was over six years old and was in dispute over illegal charges applied to the account, lowells issued statutory demand and I had it set aside in court.

Link to post
Share on other sites

Ok so it was an SD that was set aside not a court judgement.

What did the judge say when setting this SD aside?

 

 

The six year period, did you claim the debt was statute barred when the SD was issued?

 

 

Had there been 6 clear years without any payments or unequivocal written acknowledgments of the debt.

 

 

What are the particulars of the claim on the new claim you have received.? Is Lowell still name as claimant.

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

Hi thanks for your quick reply! Yes claimed the debt was statue barred when set aside was issued Yes there has been well over 6 clear years without any payments or acknowledgments of the debt.

And Lowell is still the claimant.

Link to post
Share on other sites

Hi

 

I have merged two threads and moved you to the legal forum.

 

What is the date of issue on the claim form please?

 

Statute barred will be an absolute defence.

 

Even if you have had an SD set aside before you must still go through the process to dispose of this claim.

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

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...