Jump to content


  • Tweets

  • Posts

    • more detest the insurrectional ex variety dx
    • Laura, I was surprised that the Director said that you hadn't appealed twice. I thought that the letter you posted on 24th June was the second appeal and that was to the IAS. And they did say that there was no further appeal possible. Could you please explain how many times you appealed. I am going to read your WS now.
    • In answer to your questions yes even though it wasn't called that, it was the NTK. Had it been a windscreen ticket you would not have received the NTK until 28 days had elapsed. In earlier times if the warden was present then a windscreen ticket would have been issued. It nows seems that the DVLA and the Courts don't see a problem  with not issuing a ticket when a warden is on site. A period of parking must mean that ther e has to be a start time and a finish time in order for it to be considered a period. A single time does not constitute a period. I am not sure what you mean by saying it could be taken either way.  All they have mentioned is  the incident time which is insufficient. There are times on the photos about one minute apart which do not qualify as the parking period because they are not on the PCN itself. The reason I asked if the were any more photos is that you should be allowed 5 minutes Consideration period for you to read the signs and decide whether you want to accept them and you do that by staying longer than 5 minutes. if  more  do not have photos of your staying there for more than 5 minutes they are stuffed. You cannot say that you left within the 5 minute period if you didn't , but you can ask them, should it get to Court , to provide strict proof that you stayed longer than the statutory time. If they can't do that, case over.
    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully.   
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Lowell/? claimform - studio cards 'cat' debt***Settled by Tomlin Order***


ChrissyE
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2780 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

Hi

 

I have a debt with Lowell.

To be honest I have ignored the odd letter from them for the past year,

its for around £1000 for an old credit card from 2012.

 

I care for my mum who has dementia

I have had other things on my mind rather than sorting the debt out as she is pretty time consuming,

also I just haven't been able to afford it.

I am in receipt of benefits for my own issues and get ESA Support group.

 

its the letter you get from the court,

and it says something like I have to reply within 14 days,

I think it's a letter for the court action, as it is from the courts, but I'm not sure what I need to do.

 

Do I just fill it in and ask to pay monthly?

 

Sorry If I sound a little confused, its been a long night of no sleep so having trouble getting my head around the whole thing.

 

Thanks,

Chrissy.

Link to post
Share on other sites

Is it a Judgment? Or a Court Claim (Form N1) with a Court stamp?

 

Can you post up exactly what it says, minus any names or reference numbers etc?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

Link to post
Share on other sites

  • 2 weeks later...

Hi, so sorry for the delay.

 

 

It is the one with a court stamp on it, doesn't look like a real court stamp, but it is that form.

 

I cant scan it unfortunately and my phone camera wont focus on it,

but it is an N1STD claim form and states the following.

 

Issue date 27th June 2016

 

Claimant Lowell portfolio ltd

 

Lowell solicitors LTD

 

My name and address.

 

Particulars of claim.

 

1) Defendant entered into a consumer credit act with Express gifts (My mistake I thought it was a credit card, I must have paid that one)

2) Failed to maintain payments and default noticed served failed to comply.

3) Agreement assigned to the claimant on 25/9/2015

4) Despite repeated requests for payment the sum of £981.11 remains due and outstanding.

 

Claimant is claiming the sum plus interest plus costs.

 

Total £1189.82

 

Once again sorry for the confusion,

 

 

I thought it was a credit card but it seems I didnt read this properly and it is express gifts which I think is Studio gifts catalogue?

Link to post
Share on other sites

ok great thanks for that

 

 

yes its a claimform

and you need to act on it

but please refrain from doing anything without guidance.

 

 

it would help everyone

if you could fill this out.

it will allow us to have all the info to enable us to help you properly.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Name of the Claimant ? Lowell Portfolio 1 LTD

 

Date of issue – 27 June 2016

 

What is the claim for –

 

(1) - The defendant entered into a Consumer Credit Act 1974 regulated agreement with express gifts ltd under account reference xxxxxx ("the agreement").

(2) - The defendant failed to maintain the required payments and a default notice was served and not complied with.

(3) - The agreement was later assigned to the Claimant on 25/09/2015 and notice given to the Defendant.

(4) - Despite repeated requests for payment the sum of £981.11 remains due and outstanding.

 

And the Claimant claims;

(a) The said sum of £981.11

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.215, but limited to one year, being £58.71

© Costs

What is the value of the claim? - - £1189.82

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit/Catalogue

 

When did you enter into the original agreement before or after 2007? - After 2007

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Unsure

 

Did you receive a Default Notice from the original creditor? Unsure but likely.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? - Had to leave work to care for parent.

 

What was the date of your last payment? 2015

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

 

Thanks for any help.

Link to post
Share on other sites

(b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.215, but limited to one year, being £5871

not sure if the above is correct?

£5871?????????

 

 

popup on the mcol website

after log in

 

 

select the AOS box

defend all

leave juris unticked

the goto the end and exit mcol.

 

 

get a CCA request running to the claimant

and a CPR 31:14 running to the sols.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

ok amended

 

 

don't give it

put them to strict proof of the debt

CCA/CPR ...read the full threads

don't sign anything.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Ok, all done,

 

so I print and send these forms tomorrow, with postal order, then wait?

 

Do I then come back here and advise further if I do/do not hear from them

and is there a time frame?

 

Sorry for all the questions and really appreciate the help so thanks again.

 

Don't sign the letters I send?

Link to post
Share on other sites

Ok, all done,

 

so I print and send these forms tomorrow, with postal order, then wait? £1 blank PO with the CCA request

Do I then come back here and advise further if I do/do not hear from them

and is there a time frame? whatever happens you DO NOT miss filing a defence by 4pm Friday 29th

Sorry for all the questions and really appreciate the help so thanks again.

 

Don't sign the letters I send?

well help along the way

 

and go read like claim threads too

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 3 weeks later...

Make a start on preparing your defence.....plenty of example defences in the following forum

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

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 OTHER

 

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

  • 1 month later...

yes

and yes to mediation

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

what defence did you file?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yes

and yes to mediation

 

Past the DQ stage DX the Notice of Allocation lists the courts directions which must be complied with by each party by the dates stated.....failure to comply could see your claim/defence being struck out.

 

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 OTHER

 

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

  • 1 month later...

Hi - Really sorry there has been no update,

I have a copy of my defence somewhere but I cannot find it,

 

 

I should be able to by the morning,

however it was something like I had previous dealings with the company but do not recognise the debt etc.

 

My mother is in hospital and not expected to last to the end of this week and I have mediation booked for the morning between 9-1.

 

I'm not even sure if I will be here to take the call to be honest,

but if I am, I am not sure what the mediation involves,

any advice please?

 

I may attempt to cancel the appointment to be fair if I can, but I am just unsure of what to do at the minute.

Link to post
Share on other sites

if lowells have not supplied any paperwork mediation will fail when they ask you their questions that they do before it starts.

 

should take 5mins

 

sorry to hear about your mam..

 

chin up

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Currently having a back and forth with mediation and their representative...

 

I advised the lady that I had no proof of the debt from them (even though I requested it) and they are arranging to email a copy of the credit agreement and debt details, ie itemised charges within the hour. The mediator will then call me again.

 

Not sure if anyone will read this before we resume, but can't really say I know where to go from here.

Link to post
Share on other sites

Why wait until mediation is in process to start disclosing documents...you requested the documents in July...they are in default of your CCA (section 78 request) they cant proceed with anything until they comply.

 

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 OTHER

 

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

Just stick to asking for proof of the debt, copy of CCA and a statement of account from Express gifts confirming how the amount has been calculated. If they provide the details and it looks like loads of late payment charges have been added as a penalty, then calculate roughly how much in excess charges have been applied and ask what they are prepared to do about these.

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

As your agreement is post 2007...your signature is irrelevant with regards to enforcement purposes.......if you are happy with the agreement and everything is correct...then as above...ask that all the unfair charges be removed and try to negotiate a settlement figure.?

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 OTHER

 

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

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...