Jump to content



  • Tweets

  • Posts

    • I'm trying to understand if you want some help with this or not. So far you haven't told us anything about your story – dates, prices, who you have complaint to et cetera. You have simply told us about how unethical it all is and asked how do they get away with it et cetera. Maybe one of the reasons why they get away with it so often is because people don't tell their story but simply complain about ethics. We can help you if you want. In order to do this you will have to give us information about your story – and we would prefer in a bullet pointed chronology without too much narrative. You say that you have obtained an independent report. There is a good move. Please could you post it here in PDF format so that we can have a look.
    • Good morning.   Ahh good  old Tax Credit overpayments, the gift that keeps on giving. It's almost guaranteed that if you claimed Tax Credits at some point in your life a charming little letter will pop through your door with a random national lottery size amount of money that you owe them, and it's always from many years ago. It's so thoughtful of them to send out huge demands during the most severe economic crisis of the last 100 years.   Nothing is going to happen quickly here, your SAR , when it arrives is going to be a huge box full of screen shots, call transcripts, what they assume your earnings were at the time.  It's very common for them to make mistakes, for example on mine within 5 minutes I noticed that they had my salary down as far higher than it was, which immediately took what I owed them down by £1200.   Boring summary as to why this happens,  The system is so complicated, that somebody always makes a mistake, either them or the Claimant, most people don't notice because the money is clawed back from their actual tax credit payments as  a tiny percentage that's barely noticeable. This works great until you suddenly start earning too much money and Tax Credits stop, then boom You owe us X thousand!  Unfortunately, being HMRC, and being utter rubbish sometimes that 'boom takes 15 years to arrive on your doorstep.   Ultimately, you may owe them something, in the end, they will talk like they are going to send the heavy mob in to repossess everything, reality is there are people all over the country paying them £20 per month or at some point in the future if you claim Universal Credit they might take a few quid a month off that. If you are really lucky they will just give it to a powerless DCA.   Once you have analysed your SAR, you may have grounds to appeal,  its also worth Googling Tax Credits COP 26 and reading carefully several times, perhaps some of the rules in there apply to you and may also be grounds for appeal. There are lots of mitigating factors that could even get the whole thing written off. Rest assured you can come back to this thread and ask anything,  I'll always respond and am very knowledgeable about this subject,   Keep us posted        
    • Any news on the wants of execution which have been issued so far?
    • It's only 2 days, re forward the email today as I suggested. They are your elcected councillor, they can't /won't ignore you, this is their job.
    • 'Freeports are not a magic bullet' by the academics at Britain in  Changing Europe.   https://ukandeu.ac.uk/freeports-are-not-a-magic-bullet-new-academic-report-finds/
  • Our picks

    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

lowells/lowell solicitors - claimform - old Lloyd's Credit Card 'debt'***Claim Discontinued***


Please note that this topic has not had any new posts for the last 1261 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 again guys, been having great success so far with these debts (will try to find a link my other post which is about over a year old to give you some context)

 

So the quick back story

 

Lowell owned the debt,

bpo was acting on their behalf

sent a CCA request

bpo passed it back to lowell after not responding,

lowell have then ask their legal team (phahaha) lowell solicitors to start court proceeding,

 

rang them for abit of fun

informed them that no cca has been sent,

they have now supplied me with the request but it is unreadable

(will update this post with a picture when I can)

 

Because it is unreadable is it enforceable? It's crazy blurry you have to guess what words say

 

I am also going to start a complaint as they have passed the debt on that was in dispute (no acknowledgement of the debt what so ever)

 

In fact blurry is a bad way to describe it, you can read the larger letters but the smaller print (90% of the page) looks like it been written in a ink cartridge fountain pen on a piece of kitchen roll

 

Edit: I would rather not just ignore it as it is very close to becoming statue barred (a few months) and would rather stall them with some paper work then having to do all of the paper work for a court defence

 

I found this template on another site but I only trust this site for accurate advice what do you guys reckon?

 

Dear Sir,

 

Thank you for the reply to my letter dated XX/XX.XXXX.

 

Having taken the time to look over the documents supplied in response to my statutory request made under the Consumer Credit Act 1974, I have the following concerns

 

The document entitled “credit card agreement regulated by the Consumer Credit Act 1974” which appears to bear my signature fails to comply with the requirements of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557). In particular section 2 of the Regulations

 

As you will be no doubt aware,

the Copy Document Regulations requires that documents are easily legible and clearly the terms of the agreement are not easily legible, infact far from it.

 

 

Many of the terms are blurred and cannot be interpreted and I am further unable to make out the prescribed terms as required by schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). After taking advice on this matter,

 

 

I am of the belief that this agreement that you have presented before me, as it stands would be unenforceable even by court order. Therefore, I require that you provide me a clearly legible copy of the agreement, where all the terms are clearly legible

 

Should you not be able to supply a clearly legible copy,

I would suggest that you give consideration to cancelling this account and reducing the balance to zero.

 

 

Of course the alternative would be to seek a declaration of my rights under Section 142(1) of the Consumer Credit Act 1974.

 

 

am advised that with the documents that you have supplied there would be an extremely good prospect of success with such a declaration, however, I am mindful of additional costs that such action could incur both on my part and on yours so I trust you will give consideration to this request

 

 

Yours Sincerely

Link to post
Share on other sites
  • Replies 65
  • Created
  • Last Reply

Top Posters In This Topic

load of ole twaddle..........

 

why enter into pointless letter tennis.

 

they haven't passed it on BPO are lowells.

 

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

Ignore the fools.

 

Whilst the CCA is outstanding, no enforcement action can be taken, and even threatening it is against the FCA guidelines.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
  • 5 weeks later...

ADDRESS

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE THIS ALLEDGED DEBT TO YOUR COMPANY OR ANY OTHER COMPANY

 

Account number/Reference: xxxxxxxxxx

 

I am writing to you to start a formal complaint, after numerous phone calls the questions and issues I have can't be resolved over the phone due to your staff not being able to answer any questions that can't be answered with "might result in a claim being issued"

 

A quick break down of the situation, I tried to apply for credit I got rejected so I checked my credit score saw this alleged debt so I made first contact with you guys I had received no correspondence about this alleged debt that is many years old. So I asked for proof of the debt and the case is still ongoing.

 

I have 4 main issues

 

#1 Why has Lowell Portfolio I ltd asked you to act on their behalf while a CCA request was left outstanding (it had never been sent to me even your records show this) and the debt is in dispute, my understanding of failure to comply with a CCA request is from the FCA website.

 

Failure to comply with a CCA request

Failure to comply with the provisions means that the agreement becomes unenforceable while the failure to comply persists, and the courts have no discretion to allow enforcement.

 

In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.

In particular, a firm should not in such cases either threaten court action or other enforcement of the debt or imply that the debt is enforceable when it is not.

The firm should, in any request for payment or communication relating to a payment (other than a statement issued in accordance with the CCA or regulations made under it which does not constitute or contain a request for payment) in such cases, make clear to the customer that although the debt remains outstanding it is unenforceable.

 

After a phone call once this case had been handed to you, you finally sent me a credit agreement which is totally illegible. Which by this time was too late the FCA rules/regulations/guidelines had all ready been totally ignored

 

#2 Here are a few reasons I don't deem the CCA request fulfilled/sufficient

Its totally illegible none of it can be read

The name is spelt incorrectly from what I can make out

The address is illegible

The post code is illegible to the point there is only 5 characters instead of 6 from what I can make out

 

#3 After a recent phone call with yourselves one of your phone operators informed me you wasn't regulated by the FCA but the "RSA", as you are acting on behalf of Lowell Portfolio I ltd I would assume all the FCA rules/regulations/guidelines would apply. I decided to take look at the SRA website and after looking at the "principles" from the SRA website, one of the principles is Honesty.

 

I believe you have actually acted dishonestly with the information above you still have threatened with possible "claim being issued" even though you have failed to comply with a CCA request, also I quote from the letter dated XXXXX that was sent to myself and you have said in writing "The agreement provided clearly states your details and signature, and is therefore a sufficient copy agreement" as the reasons above this clearly not the case.

 

#4 Also you are not following the CSA code of practice as it states:

Communicate with customers fairly and transparently, and not intentionally mislead them

Treat customers fairly and not subject customers (or their authorised representatives) to aggressive practices, or conduct which is deceitful, oppressive, unfair or improper, whether lawful or not

 

You are trying to use lack of knowledge to bully by the means of aggressively demanding money with misleading information and threatening with court/claims being issued

 

I do fully understand both the FCA and SRA allow up to 8 weeks to resolve the issues, I look forward to being kept up to date with the complaint and your final response within this timeframe.

 

This letter was sent via recorded delivery

 

Yours faithfully

ME

 

I do not wish to hand sign this letter and I am not legally obliged to. (stop them sending it back telling me to sign it)

 

CCA – Consumer Credit Act

FCA - Financial Conduct Authority

SRA - Solicitors Regulation Authority

CSA - Credit Services Association

 

It looks alittle more fancy in word the copy and paste has removed the bullet points/bold writing etc

 

So what do you guys think? I really want to start a formal complaint these lowlifes shouldn't be getting away with what they do!

Link to post
Share on other sites

Wouldn't bother

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

Agree with DX, complete waste of ink, as long as there is an outstanding CCA request theres little they can do.

If it does get passed on to another lowlife, send them a CCA request which you already know they cant provide.

 

Then just get on with life until someone tries to make a court claim.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites

that happened with my idem account

they sold it on to cabot,

just put a complaint in on the phone with cabot

and the account is now on hold has been for about 3 months

 

The thing is i know i will win in a court,

but i don't want it to go to court

i would rather just keep stalling them or get them to make a "corporate decision not to chase the debt"

 

 

i know someone personally that kept the pressure on, and the DCA wrote the debt completely off

Link to post
Share on other sites

they will decide if you look like someone whowill crumble under pressure. Sending nonsensical letters to them invites then to think that you are likely to pay up if they use another tactic and that can be spending £25 on a court claim to call your bluff.

Link to post
Share on other sites

Waste of ink, time and money.....not only will they NOT read it, they'll simply mark your file as 'mug awaits fleecing' and will continue sending you utter rubbish knowing that you will respond.

 

You CAN ignore them, they are petty powerless debt collectors.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites
  • 1 month later...

In order for us to help you we require the following information:-

 

Name of the Claimant ? Lowell solicitors limited

 

Date of issue – 28th feb 2017

Date to acknowledge) = 18.03.2017

date to defence = by 4pm Friday 31st march

What is the claim for –

 

 

1)The defendant entered into a consumer credit act 1974 regulated agreement with Lloyds under account reference XXXXXXX

2)The defendant failed to maintain the required payments and a default notice was served and not compiled with

3)The agreement was later assigned to the claimant on 06/14 and notice was given to the defendant

4)Despite repealed requests for payment, the sum of £1000 remains due and outstanding

5)the said sum and interestes bit is here

 

What is the value of the claim? Around £1300

 

Is the claim for a current account (Overdraft)

or credit/loan account or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? towards the end of 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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I hadn't received any mail from them as they said "they didn't know my address"

Did you receive a Default Notice from the original creditor? Honestly it was so long ago i can't remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No as above they said they didn't know my address even though its the same

 

Why did you cease payments? They said 2012

 

What was the date of your last payment? 2012 i would guess

 

Was there a dispute with the original creditor that remains unresolved? I don't know

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

 

This credit agreement they have sent me is totally unreadable to the point my name is missing a letter, the post code is also missing a letter.

 

 

The thing is i can't upload the picture to show you as it would give my name and address,

i can send a private message to one of you guys with the full picture if you like

 

There is a slight delay in me receiving mail due to it being a C/O address

 

 

Whats the best plan of attack here?

do i just offer payment or do i defend it and risk a CCJ?

I'm easy which ever way but would prefer not to have a CCJ

Link to post
Share on other sites

Start off by acknowledging the claim. I'm not sure you have explained why the documents haven't been reaching you.

 

There shouldn't be any problem with you uploading the documents – but in PDF format please.

Link to post
Share on other sites

It won't let me edit the post here is the CCA request they sent me

 

 

EDIT

The original notices where not sent they said they didn't have a address for me, i contact these after years of not receiving any paper work about this debt, yet the address they are now sending paper work to is the same

zz.pdf

Edited by Pewpew
Link to post
Share on other sites

Acknowledgement and defence dates altered...date on the claim form is day 1.

 

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

two threads merged

can yo upload ALL the CCA return please not just ONE page

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

bog roll without T&C's

 

when was this sent to you

and was it as a result of that CCA request in the merged earlier thread here now?

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
..I tried to apply for credit I got rejected so I checked my credit score saw this alleged debt so I made first contact with you guys I had received no correspondence about this alleged debt that is many years old...
..they haven't been bothering me up until about 4 weeks ago when I made contact after looking at my credit score..
(from your other related thread)

 

hindsight i know, but if only you hadn't awakened the dog...

IMO

:-):rant:

 

Link to post
Share on other sites
  • 3 weeks later...

@dx100uk I am guessing it was a result of the CCA request, they continued to hound for money told them to do one until they supply me with a legible copy that can be read instead of simply a piece of paper that has my signature on which could literally say anything.

EDIT: the CCA reply was sent in November

 

@Ford as someone suggested on one of my other threads i need to send them the CCA request so they would have a address for me or they could just file for a claim and win by default.

 

 

How do i go about filling in my defence? shall i just use the online form and fill it step by step or is there a certain type of worded letter (like a template) i need to use?

 

My 14 days from the day i acknowledged it is up very soon

Link to post
Share on other sites

defence not due till 4pm 31st

have you sent a CPR and a new CCA request since the claimform.

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

i haven't i will do them now and send them next day recorded delivery,

 

 

i have found the CPR request template http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued

 

also do i need to still enclose a £1 postal order as i have already done that on the previous request?

 

I can no longer edit my post but i have question regarding the CPR request.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely.

That request was ignored][delete if no such request was delivered]

 

 

Do i keep this or delete it, i requested a CCA but they didn't fully comply with it (no T&C's and can't be read)

Link to post
Share on other sites

Keep it but edit "ignored" to "not complied with"

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites
i haven't i will do them now and send them next day recorded delivery, i have found the CPR request template http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued

 

also do i need to still enclose a £1 postal order as i have already done that on the previous request?

 

Dont send a further CCA request if already sent one to Lowell.

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

Pewpew, dont confuse the 2 requests, one is a CCA request for the claimant which requires the £1 and you have already sent, this one is a CPR 31:14 which goes to the solicitors and requires no fee.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites
Pewpew, dont confuse the 2 requests, one is a CCA request for the claimant which requires the £1 and you have already sent, this one is a CPR 31:14 which goes to the solicitors and requires no fee.

 

I miss read dx's post

 

defence not due till 4pm 31st

have you sent a CPR and a new CCA request since the claimform.

 

I thought it said send a CPR and a new CCA request

 

I have sent out the CPR request they now have it, if they don't respond before the day my defence needs to be in what do i do? I haven't even click on the defence button yet so i have no clue what it requires from me

Link to post
Share on other sites

You don't want them to reply!!!

Think about it...

 

Go read other threads....

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
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...