Jump to content


  • Tweets

  • Posts

    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?   Also what's to stop people jsut selling ficticious debts off? As far as I know, a telecoms provider can't charge you when you move and they can't supply, meaning that a large proportion of that debt is ficticious?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Victory over Lowell in court today re;barclaycard debt


Please note that this topic has not had any new posts for the last 1467 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

Recommended Posts

Hi guys just back from Durham County Court with a victory over Lowell and it seems i found a Judge who would not be told the law.

 

My case was around a 5 year old debt that i was being chased for but was not mine, Lowell issued a claim despite me sending them a letter to deny the debt.

 

Once i had the claim i sent off a CCA request and it took Lowell 67 days to send some of the information asked for and in this case the Deed of assignment was asked for but Lowell refused and instead sent a hashed up copy of a notice of assignment claiming the Deed was between them and their client.

 

I scanned this forum and got some good advice but the advice was split regards the deed with some saying it does not need to be shown and others saying it should.

 

Well today the judge rather slapped down the Lowell solicitor who told her she had no need to see the deed as the letter of assignment was proof enough. The judge came back with a raft of legal points before dismissing the case stating without the deed Lowell could not prove they owned the debt icon6.png

  • Haha 1
Link to post
Share on other sites

Well done Tommie...I have moved your thread to the appropriate forum.

 

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

Oh that is really good 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

well done

ooi. did you (or the J) cite that old Denning case (cant recall it atm) which said along the lines that someone is entitled to sight of the deed.

IMO

:-):rant:

 

Link to post
Share on other sites

Thanks

 

No the Judge said of her own back that Lowell had to prove to her they bought the debt and the only way they could do that is with sight of the deed, the Lowell solicitor came back with the "property act" ? but the judge just came back with "prove it"

Link to post
Share on other sites

yea that's the way it goes

you cant request or see the deed but the judge can..

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

Am confused with this

 

How can the actual deed be produced? That deed say with Barclays as an example will have thousands of accounts attached to it. The account details will be held on some daata retention such as a disc or hard driver seperate from the actual commercial contract

 

The deed is a commercial document. Been through this myself and the judge ordered it be produced. What i got back was a document with commercial elements and a hell of a lot redacted.

 

Be nice to know what the legal points were stated by the judge

Edited by obiter dictum
Link to post
Share on other sites

In the absence of a signed notice of assignment from the OC ( issued to the debtor) confirming that Lowell now own the rights to collect the debt, then the argument must be that Lowell have to prove they own the debt.

 

No doubt in this case Lowell might think about a new claim, this time getting all their documents in order.

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

The thing about the deed is, who knows what clauses it may include. Obviously , to my mind, the details of accounts bought and price paid should be redacted.

Any opinion I give is from personal experience .

Link to post
Share on other sites
....The judge came back with a raft of legal points before dismissing the case stating without the deed Lowell could not prove they owned the debt
it does seem to need a bit more elaboration...

IMO

:-):rant:

 

Link to post
Share on other sites
Am confused with this

 

How can the actual deed be produced?

That deed say with Barclays as an example will have thousands of accounts attached to it.

The account details will be held on some daata retention such as a disc or hard driver seperate from the actual commercial contract

 

The deed is a commercial document.

Been through this myself and the judge ordered it be produced.

What i got back was a document with commercial elements and a hell of a lot redacted.

 

Be nice to know what the legal points were stated by the judge

 

Sorry could not catch all the sub sections but her point was Lowell had to satisfy her that they owned the debt and she would be happy to look at the deed in private as the court wanted absolute proof

 

Did you not get round to the bit that the debt is not yours?

 

No the deed was the first point the judge wanted sorted when Lowell refused she dismissed the case

 

In the absence of a signed notice of assignment from the OC ( issued to the debtor) confirming that Lowell now own the rights to collect the debt, then the argument must be that Lowell have to prove they own the debt.

 

No doubt in this case Lowell might think about a new claim, this time getting all their documents in order.

 

They did have a signed notice of assignment from the OC

Link to post
Share on other sites
They did have a signed notice of assignment from the OC

 

The Judge obviously was not happy with this or was not convinced of the claimants ownership.

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
No the deed was the first point the judge wanted sorted when Lowell refused she dismissedlink3.gif the case

 

so, what then were the 'raft of legal points' the 'judge came back with before dismissing' you mentioned.

IMO

:-):rant:

 

Link to post
Share on other sites
so, what then were the 'raft of legal points' the 'judge came back with before dismissing' you mentioned.

 

Really could not tell you Lowell quoted the property act and the judge can back with sub section of this and that it went over my head. At the end the judge said it was up to Lowell to provide her with absolute proof they owned the debt and the only way was sight of the deed

Link to post
Share on other sites

The signed notice they did have looked made up a fact i pointed out in my defense, it was on plain paper with no company heading of the OC and a photocopy signature that had clearly been cut/pasted as it was at at angle !!

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...