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    • compensation is designed to put you back in a place where you started out so insurers will pay yu for a stolen watch if they cant actually replace the item with an exact same one. Now compensation is also given where recognition of a wrong is being offered so a company whose service has fallen below an acceptable level will usually send someone a gift in recognition of this. they cant be forced to offer money because you have made no loss they are responsible for so your expected eligibility doesnt have any grounding. If you had made a suggestion of what was a suitable gesture I'm sure they wouldnt have sent what they did but as the complaint was about an allergen then choccies or flowers would have been a no-no. i am sorry that things got complicated but their decision to let you decide how to distribute their largesse is commendable as well and i must say that a line has to be drawn under this somewhere.   You could ask for a discount code for your next purchase as you say you buy online as this is less in your face than asking for a voucher that may possibly be passed on in the same way that you can pass on their current offer.
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    • It is the usual rubbish.   It is cunningly designed to frighten you because it uses some words designed to provoke an emotional response such as Bankruptcy, charging, Warrant etc.   If you read it carefully it can be summed up as follows:   1. You were wise enough not to engage with us before and we are a bit pissed about that.   2. Because we are pissed but can do nothing else we are trying to frighten you with all the things someone else COULD (but probably wouldn't) do with keywords. Only our client and his solicitor could if they had a case.   3. More keywords because we are still pissed you have not engaged with us.   4. We have advised our client (though we probably haven't) to refer to solicitors for legal action because 1). we have failed to scare or engage you and 2). we have no power to take legal action ourselves, only solicitors engaged by our clients could do that.   5. We want to help you (for which read we want to help ourselves) and please look at the list of other people who can help you because a). we may be legally obliged to refer you to third party help and b). some of those guys will advise you to engage with us rather than put us to strict proof.   This letter should be filed along with it's envelope.  No need to respond in any way or have any anxiety about this one.
    • you get the council involved then as the noise is nuisance. You will need to keep a diary but whislt you are on to the council you ask them to see if they cna inspect the property as you belive that the works being doen come under building control and possibly breaching the London Fire Acts ( or similar for most cities) hopefully tey will send someone round and then tell you if they are happy or not with what they have seen. That will help you decide how you want to play things
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citizenB

Statutory Demands and Lowells./Bankruptcy threshold increased from £750.00 to £5,000.00

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Statutory Demands and Lowells.

 

Lowells appear to be issuing many statutory demands and not just claims through the county courtlink3.gif. A lot of these claims are for relatively small amounts, however we note that they are usually issued to people who own their own properties.

 

Looking at the London Gazette (where all Bankruptcy Petitions are announced). Lowells record of bankrupting consumers is approaching 50 per month.

 

Are they simply using the Stat Demands a debt collecting tool?

 

Possibly, however the OFT have issued censures to DCAs where they were found to be doing this. So Lowells WILL follow through to avoid this.

 

It is believed that most Consumer debt will have a triable issue and therefore they should issue claims via the County Court.

 

Benefits to Lowells of issuing a Statutory Demand rather than through the County Court.

 

1: They can download the form from the internet or government website, for free.

2: No fees to issue the demand - if a claim was issued they would have to pay a fee to issue.

3: The recipient has only 18 days from the date they are served with the SD - if a claim was issued, the recipient has 33 days from date of issue to acknowledge and submit a defence.

4: Civil Procedure Rules do not apply to Statutory Demands.

5. 9 times out of 10, the recipient will telephone in order to make a payment arrangement.

6: the recipient has 21 days to settle the debt or 18 days to apply to set aside the demand.

 

 

We have seen many set asidelink3.gif applications succeed on CAGlink31.gif. We have also seen a few continue to bankruptcy petitions.

 

It is very important, if an account has been passed to Lowells that you respond to their first communication.

 

If there is an unresolved dispute with the original creditor. You MUST tell them. Especially if there has been non compliance with an s78 request.

 

It would be in your interestlink3.gif to start collating information regarding the debt. If the account is one covered by the Consumer Credit Act, you should request a copy of the agreement by making a formal s78 request. Send a Subject access requestlink3.gif to the Original Creditor. It will cost you £10.00. It will be a worthwhile investment if Lowells decide to issue a Stat Demand or even issue a County Court Claim.

 

If you are served a Statutory Demand then non compliance with an s78 request or an unresolved dispute are 2 reasons to have it set aside.

 

Whatever you do, you MUST not ignore. It can be difficult to challenge a statutory demand outside the 18 day deadline and, if not challenged, Lowells may proceed to issue a bankruptcy petition. Your family home may be at risk following bankruptcy. Once you have been served with a Statutory Demand - You MUST deal with it within the 18 days following receipt.

Edited by citizenB

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2: Does your Bank play fair - You can force your Bank to play Fair with you

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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.

 

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NOTE: You can be made bankrupt for any debt over £5,000

 

[This was changed from £750.00 to the current £value as of October 1st, 2015]

 

http://www.consumeractiongroup.co.uk...0-to-£5-000.00

Edited by citizenB

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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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We could do with some help from you.

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The changes will allow approximately 3,600 more people a year with problem debt to enter into a Debt Relief Order (DRO) – a low cost alternative to bankruptcy for those with very low assets and income and debt which they are unable to pay. The maximum amount of debt that can be covered by these plans will increase from £15,000 to £20,000.

 

The government is also increasing the minimum level of debt for which someone owed money can force a person into bankruptcy from £750 to £5,000. The limits were last revised in 1986.

 

 

 

https://www.gov.uk/government/news/improved-help-for-people-struggling-with-problem-debt


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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The changes will be subject to Parliamentary scrutiny before coming into force in October 2015.


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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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

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1077 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
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