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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Weby23

TopCashback not paying

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Hi,

New to the forum and can't found any recent advice or issues relating to TopCashback? I am owed just over £100 for 3 different companies one of which is Argos and I have written an official complaint emailed the director threatening court and still nothing. There profits are huge and they were quite quick to tell me they are not regulated by anyone. Any advice or suggestions/experiences because I think this needs looking into.

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been there with them -- they ended up paying up but stating the companies have not paid them but in the interest of settlement they paid 50%, two days later 3 directors published a huge income for each bxxxxxx


:mad2::-x:jaw::sad:

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Hi Weby23 and Welcome to CAG

 

I have moved your thread to the appropriate forum (General Consumer Issues) please continue to post here to your thread.

 

Regards

 

Andy


We could do with some help from you.

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

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I don't know the company and I don't know the scheme, but it is completely untrue for anyone to say they're not regulated by anybody.

 

Any company dealing with consumers is regulated by Parliament and by the courts. At the very least by the Consumer Rights Act.

 

If you gave us more detail and explain what is all about and we might be able to advise you


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I am also a TCB member.

They state the cash back is not guarenteed as they rely on being paid by the agent. I have the same problem with Argos and l have been fighting them for years. Argos claim they cant find the order but l can on bank statements and in my kitchen.

 

It is normal for them to claim they are not regulated.

BankFodder the website is topcashback.co.uk


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Mrs Hobbit.

I find the clearing cookies does not benecit in any way. If anything l out my items in the basket then go via TCB and pay.

I have been a member for 7 yrs now and altho l dont have tons of money out of it, as l dont by holidays and insurance via it, l do have over £500. Not all companys pay out large amounts eg ebay pays out 1% per item


OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Guest Mrs Hobbit

I only put the Which link up there to help. I don't know anything about TopCashBack apart from what I have read. maybe your post ing will help the OP with what is happening.

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I only put the Which link up there to help. I don't know anything about TopCashBack apart from what I have read. maybe your post ing will help the OP with what is happening.

 

Thanks very much

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Thanks everyone I will try some of the suggestions on here and contact the FAA and consumer rights

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I've been thinking of ways to approach this with a similar issue I've got with Quidco saying it takes 6 months to deal with untracked claims.

My plan is to complain to the marketing directors of the companies I've used via the cashback site.

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I had a run with quidco a couple of years ago when they didn't pay cashback for sure car insurance.

I ended up contacting esure ceo and his office was very efficient in sending screenshot of my purchase through quidco and their receipt of commission payment (figures blanked out).

Then quidco waved white flag and paid.

Maybe you should contact Argos ceo and see if they are efficient too.

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Hi, this is my first post on here - hope I've posted in the correct place!

26/10/16 I took out home insurance with Nationwide and went through topcashback and it was tracked on my topcashback account that I had earned £36.75 from that purchase.

 

 

In may I contacted them as its was still pending - they said they had no extra info and that it still wasn't available.

Yesterday I checked my topcashback account and it was no longer showing even in my pending balance, I looked back at the payment and it now says declined.

 

 

So I went on to submit a support ticket and finally got a reply from one of their agents saying.......

 

 

Hi,

 

We are sorry your transaction has declined in your account.

 

The agency they use to run the cashback deals will not accept missing cashback claims, this is a term put in place by the retailer. So we are unable to advise you any further with this.

 

If we were to lodge a claim for you, the agency would refuse to investigate this.

 

I am sorry this is not a more positive response but I hope it answers your query.

 

Thanks,

Stella

 

 

......I have recently renewed with Nationwide so I know my policy is still in place.

I know its only £36.75 but the main reason I took out my home insurance with nationwide was because of the cashback and I just find it ridiculous that they don't accept claims.

 

 

Any advise would be greatly appreciated on what I am within my right to do next!

 

 

Thank you!!

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Have you been able to get any further in regard to your £36.75p rebate?

 

Top Cashback has given you the runaround, in much the same way it appears to so often treat its users with contempt. This £multi-million company is, in fact, regulated by the Financial Conduct Authority and appears on the FCA's Financial Services Register as an "Appointed Representative", this being the formal term for its regulatory status as "a firm or individual that can act on behalf of another firm (its principal) that is authorised in the UK or regulated in another EEAA country. The principal is responsible for the appointed representative's activities." [my emphasis]

 

 

Where you are concerned, you were sold a regulated financial product (home insurance) by a business regulated by the FAC, the essence of sale being that a portion of the money you paid would be rebated to you.

 

As you received no such rebate, you were mis-sold.

 

The mis-selling of any financial product in the UK is taken seriously by the regulatory authorities, as demonstrated by the punitive costs incurred by the banking sector in regard to mis-sold PPI.

 

 

Though Top Cashback is currently not subject to much greater regulatory oversight -- it certainly should be -- it is, in this instance, unable to avoid the perhaps inconvenient reality that it was, in your case, the Appointed Representative of Nationwide. Please disregard then, any carefully constructed gibberish from Top Cashback and instead file a written complaint with the insurer in its capacity as principal.

 

Your complaint should state the time/date of purchase of the insurance, and the date(s) and content of any subsequent online contact with Top Cashback. Be aware that your complaint must be fact-based. It would not be enough to say that you bought the policy on the basis of the promise extended at that time (by the principal) on its Appointed Representative's (Top Cashback) website.

 

If you have no such proof -- ideally, screenshots of the transaction as it progressed, and at least one screenshot showing Top Cashback's confirmation of your visit -- then your complaint stands almost no chance of being accepted.

 

If, however, you know you can provide supporting evidence of your complaint -- and this is what we're talking about here: your correspondence with Nationwide MUST be headed: "COMPLAINT: Mis-selling of a financial product" -- then you will be seeking from them the sum of £36.75p + a £60 compensatory payment in regard to the stress and inconvenience caused to you.

 

Because you are invoking a complaint in regard to the mis-selling of a financial product, an 8-week period now kicks in, during which time Nationwide must, by Law, accept or reject it or make you a compromise offer (for example, the £36.75p, but not the £60 compensation.) You should know, however, that due to the nature of the complaint, you are entirely at liberty to accept the £36.75p whilst at the same time continuing on with your request for £60 compensation.

 

If after those 8 weeks have expired and you are still not happy with the outcome, you can lodge your complaint with the Financial Ombudsman Service. If the FOS decides that your complaint merits further investigation, it will contact Nationwide and require it to pay over a sum amounting to several £100s, this being the non-returnable fee that has to be paid to finance the FOS's inquiries. For obvious reasons then, businesses mindful of their own bottom line are mindful of the money to be saved by settling a complaint before it reaches the FOS.

 

So. There's the answer. Complain, with supporting evidence, to the principal (Nationwide) about the mis-selling of its financial product (home insurance policy) and seek payment of the outstanding rebate and compensation, allow a maximum of 8 weeks to elapse and then if the matter isn't settled, file your complaint with the Financial Ombudsman Service.

 

As to Top Cashback, don't believe anything that any of its representatives write or say. Keeping well clear of it.

 

 

* Apologies for not spotting this post of yours until just now, when I was browsing the forum for something different.

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'Keep' well away.

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