Jump to content


  • Tweets

  • Posts

    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and inform the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court? You can be certain that these people do not want to go to court. In fact they probably wish they had never started. Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing the offer, I'm suggesting already that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
    • Mortgage approvals for house purchases fell to 67,200 in October, according to the Bank of England’s (BoE) latest figuresView the full article
    • Uncertainty surrounding the new Covid variant is likely to linger into next year, weighing on growth.View the full article
    • An online news and information service for the UK’s commercial and consumer credit industry.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

lowell /BWclaimform Blackhorse Loan AND Monument Credit Card 'debts'


hesanmp
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2212 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

i have received a letter through the door

indicating i am about to be issued with a stat demand on behalf of a company called P&A receivables plc.

 

it reads

 

'i have been directed to serve you with a statutory demand issued under the insolvency act 1986 on behalf of the creditor.

 

unfortunately on the letter it does not give any further details.

 

all they say is they will be returning on a date and a time to either issue the demand or post it through the letter box!!!

 

what should i do???

Link to post
Share on other sites

  • Replies 128
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Are you currently dealing with any debt, where they have threatened bankruptcy during recent months ?

 

If so, what is the current position? CCA request ? When did you last make any payment ? Reasons for dispute ?

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

hi, not currently dealing with any debt, i have constant reminders through from lowells regarding debts to lloyds, co-op and compucredit but i have not contacted them

 

I suspect it is Lowells, as P&A are based in Bradford, so close to Leeds where Lowells are based. Normally they use BW Legal, but perhaps they are issuing so many SD's that they cannot cope with the volume.

 

What are these debts to the companies you mention that Lowells are dealing with ? e.g credit card, bank o/draft.

 

If you have no other debts personal or business, then I am presuming that it is Lowell. If any of these debts would have a CCA, you need to get a CCA request into Lowell, before the SD is served. Then if they can't supply the CCA, you can use this as a reason to set aside the SD. You may also want to SAR the original creditors for all the info they hold. Perhaps charges and PPI you can claim back or other dispute that can be raised.

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

thanks for that. the only reference on the letter is in fact a BW legal reference number. there are 3 accounts being dealt with by lowells, should i send a CCA for all three and a SAR for all three as well.

 

cheers

Link to post
Share on other sites

thanks for that. the only reference on the letter is in fact a BW legal reference number. there are 3 accounts being dealt with by lowells, should i send a CCA for all three and a SAR for all three as well.

 

cheers

 

Yes that would be wise. Lowells may have combined the debts when looking at bankruptcy.

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

thanks for that.

 

is there a template for the cca and sar request, secondly what if i don't know the original account numbers for the various accounts. all i have at the moment is the lowell references

Link to post
Share on other sites

thanks for that.

 

is there a template for the cca and sar request, secondly what if i don't know the original account numbers for the various accounts. all i have at the moment is the lowell references

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter.

 

SAR click on the word SAR

 

CCA request to Lowells just need to show Lowells reference and the original creditor involved.

 

SAR to original creditors, just need to include the name & address & date of birth held for the account. WIth these details, they should be able to find them.

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

Another Lowell SD... what a surprise.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

Link to post
Share on other sites

Another Lowell SD... what a surprise.

 

I expect that CAG only sees a small percentage of these. How many people actually look to challenge ? Not many, as I expect most people for fear of being made bankrupt, will enter into a repayment arrangment and in some cases the debts will be statute barred or the debt amounts are wrong etc.

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

hi i will send off for the cca's and sar's.

 

what happens if they post the sd through the letterbox, is that still deemed served?

 

how long do i have before it goes to court?

 

i understnd if they do not send through the cca i can apply to set the sd aside, but in the mean time will lowells get in touch to arrange a payment arrangement?

Link to post
Share on other sites

You have 18 days from the date you have the SD to set aside. ( they can put it through the letterbox, as the server will record having done so)

 

Asking for the set aside does not mean a hearing, if you have given solid reasons for it. Lowells may ask for one, if they contest. If there is a hearing, from what I have seen on here, they are usually within a couple of months.

 

No Lowells will probably not contact you about a payment arrangement, unless you contact them or BW Legal asking for it. Just because an SD is served, does not actually mean that they would continue to issue a bankrutpcy petition. I suspect that they don't follow through in all cases. But you should get the SD set aside, as if you don't then you are at risk of being made bankrupt, if they chose to do so.

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

Hi hesanmp, if you have the same P and A recievings process server i did he was very persistant (and very rude to other half :!:)and came three times in all to serve me and on the third occasion I was in, he said he was only doing his job........looks like he must be very busy at the moment!!

Link to post
Share on other sites

Well It was a recent debt and I owed it so I rang Lowell who said it was nothing to do with them now and so I rang BW legal.... against advise from here, and we agreed a monthly repayment plan. I made my first payment straight away and recieved written confirmation of the payment plan. I am nearly 6 months into my repayments and will continue to pay this as the fear of bankrupcy is what they have over you and its not nice to say the least. Thats just my own circumstances and everyones on here are different and you need to do what you need to do......

 

It might be the same Process server :!:

Link to post
Share on other sites

hi so if i send through the cca request by recorded delivery tomorrow (30th) they have threatened to issue on the 1st. how long do they have to send through the original cca? can the court refuse to set aside the sd if lowells do not produce the cca?

 

They have 14 days to provide the CCA. They probably won't be able to do so, by the time you have to do the set aside, so you would do the set aside on the basis of a CCA request being outstanding, plus any other issues you can raise. Wait for the SD and see what it says.

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

cheers ub.... so is it best to wait for the sd and then request a cca? otherwise i could be asking for cca's for accounts which may not be being chased, i hope that makes sense??

 

NO. Do the CCA NOW for all the debts Lowells are chasing. Reason being is that judges are not allowing set asides for CCA not be provided, when the CCA request was made after the SD was served.

 

For the set aside forms you will need to complete, you will have to wait for the SD, so you are able to complete them properly.

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

is it £1.00 for each cca?

 

Yes unfortunately. Though cheaper than bankruptcy if it helps get the SD set aside.

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

i wasn't worried about the £!!! is the fact i have requested the cca prior to the sd being issued (albeit by a day or so) a guarantee that the sd had to be set aside by the court?

 

No guarantee, but all court decisions are subject to judge lottery. It is just that a number of cases have been reported on here, where judges have refused the set aside, as the CCA request failure used in the set aside, was made after the SD was served. I think actually the judge in one case commented, that had the CCA been made just before the SD was served, the set aside would have been allowed.

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

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...