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Lowells/? claim form - OH's old Vanquis card 'debt'***Settled by Tomlin Order***

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sorry I forgot to update this thread.

 

 

I emailed Lowells and suggested a Tomlin order.

 

 

which they agreed to and was all signed off.

 

 

I suggested the order be for the balance on the statement minus any overlimit and late fees, and also referral fees, so total was about £500.

 

Many thanks to all here who helped with this :-)

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Well done MF...thread title amended to reflect the outcome.

 

Regards

 

Andy


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Hi Everyone, hope you can help me here.

 

I am pretty annoyed with Lowells at the moment. every month for the last few months I've been receiving a letter saying that I missed that months payment, I sent an e-mail querying this to Lowell and asked why I was getting this letter as I have not missed any payment.

 

I got this reply

 

"Apologies for the delay in response.

 

Upon investigation of your account, we can see that the Standing Order was agreed and set for the 20th of each month.

 

Our records show that a payment has not been made on this date since July 2017.

 

As the payments have been made late, the letter advising the payment was missed, is automatically generated and sent out.

 

I have amended the date of your payments to the 29th of each month. This should avoid any further correspondence for missed payments, that have, in fact, been made.

 

Please make sure that the Payment arrangement is adhered to in order to avoid any further legal proceedings.

 

Kind Regards"

 

I checked the paper work and previous e-mails and all says the agreement was made for the 28th of the month.

 

so I sent this reply to them

 

"Dear Sir or Madam.

 

I am not very happy with this response.

 

You have suggested that I set up a standing order for the 20th of each month when I do not receive payment from my job until the 24th of each month, so I went back through my documentation to check this and found an e-mail dated 21st Feb 2017 (a screenshot was inserted here)

 

which clearly states that the first payment was due on 28th Feb and then the 28th of each month thereafter, incidentally I made the first payment on 24th and it was confirmed as received on the 27th (as I had been given an incorrect reference number!) but even so this is again before the agreed date of the 28th.

 

Further to this you will find the Tomlin order itself states on the second page under SCHEDULE

 

that 1. The defendant agrees to pay the claimant the sum of £20 per month commencing on 28th February 2017 and thereafter on the 28th day of each month until the sum of £546.00 (including costs, interest and fees ) is paid in full.

 

I have given below a list of payments made by me, you will notice that ONE payment was a few days late - due to a problem I had logging into my internet banking (highlighted in green) but you will also notice that I paid Novembers payment twice! (highlighted in blue) so if anything I am actually paying a month in advance! (here I inserted a spreadsheet of payments that I downloaded from my bank account - not a statement but just a list of transactions to Lowell)

 

So in light of the above I would suggest that you adopt a slightly different tone. I do not appreciate this sentence in your e-mail below. "Please make sure that the Payment arrangement is adhered to in order to avoid any further legal proceedings. " and this sentence in your latter dated 30th May "please ensure that you maintain payments as failure to do so may result in further action being taken"

 

My payment arrangement has been adhered to bar one payment which was late which is explained above and was rectified as soon as I could.

 

My other query is that the Balance at the beginning was £546, I have made payments totalling £340 (as detailed above), so my balance should be £206, yet your letter dated 30th May 2018 states that my balance is £246, please explain this discrepancy.

 

I would like clarification on where exactly you have got the information that my payments were due on the 20th?, please provide copies of any documents you have that state this.

 

Thank you"

 

and today I have received a letter though the post (why not by e-mail I don't know!)

 

this letter states

 

"We refer to the above matter and e-mail dated 7th June 2018

 

We note the contents of your e-mail and confirm the the outstanding balance is calculated as such, the agreed amount was for £546, we have received payments in the amount of £300 . this leaves an outstanding amount of £246.

 

The following are the payments we have received

 

(and they have listed a load of payments the first 5 payments re all listed for the 20th July 2017! my first payment was on 24th Feb??? and my payment in July was made on the 25th July not the 20th!

 

Then their payment list goes

 

29/08/2017

26/09/2018!!??

26/10/2018!!??

28/11/2018!!??

28/12/2018!!??

then 26/01/2018 and onwards to 29/05/2018

 

they have not mentioned the double payment in November!

 

then their letter goes on to say

 

" These are the payments we have received from yourself with corresponding date, please provide a bank statement as evidence of any further payments made. once we are in receipt of this, we will be able to review any discrepancies with our finance team.

 

You will also note that in the latter dated 30th May we confirmed the the arrangement was set up for 29th of each month to avoid the missed payment letters being sent out to yourself by the system.

 

We apologise for any inconvenience this may have caused you"

 

Now I am really annoyed.

 

Can someone please help me with a response.

 

I am not sending them my bank statement - the list I sent them is a csv download from my bank account already!

 

Also their list of payments is all over the place!

 

and they haven't answered my questions about where they got the initial agreement date of 20th of each month from

 

not to mention late last paragraph about the arrangement date being set up for the 29th of the month, I asked them to show me evidence of why they set it up for the 20th, they're trying to fob me off and I'm not having it!

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true but I am going to make them explain themselves and apologise properly for their outright lies! And I am certainly not payment an extra £40 for it!

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can anyone help me with reply please.

I want to tell them that

1. the list of payments I sent to them is a download from my online banking and so I am not sending them bank statements.

2. that their lists of payments is total rubbish!!

3. and that they have lied when they said that the arrangement was setup for the 20th

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Simply continue to make the payments on the due dates...keep your record...and stop payment when balance paid....leaving a balance of £40

 

There is no need to get into nonsensical letter tennis with the numpties...it will make you ill.....this is lowell...where there is no sense.

 

 

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

 

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

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