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    • OK, so Idem has sent back the quickest response in history following the CCA letter from my OH. An envelope arrived today.   They've sent another copy of the original and signed, application form  from 2000 - most  of which is illegible however, husband's name, address and signature is clear - the small writing is very blurry.  They've also sent numerous A4 pages of what they say is the agreement (it's photocopies of what look likes old pages). There's no signature on it. It's just pages of A4.    Does this help us at all??   Also, am I right in thinking that day claim arrived (4th Sept) + 33 days = Monday 7th October, which is when the defence needs to be in by?   Thanks as always.
    • Hello all,    I have received a letter from Advantis in regards to an overpayment of carers allowance I received when I got a job whilst I was caring for my mother. I did not know I had to inform them etc.    Long story short, I had a compliance phonecall with carers and nothing more was said.    I stopped caring for my mum shortly after and cancelled my carers allowance too.    I was employed for 4 months at the beginning of 2018.    Apparently the DWP and carers have sent letters but I haven't responded so they've gone through Advantis to recover the amount owed. I moved house shortly after cancelling everything and had no contact from them at all.    They sent letters to my previous address so they told me that's why it's been passed onto Advantis.    Today DWP told me that the only thing they can do is take payment in full, or deal with Advantis to come up with a payment plan.    I spoke to Advantis who asked me to pay in full or in two installments, I refused and they then said they've put my account on hold for 30 days whilst I go away and work out my monthly income etc so they can go through an affordability assessment to work out how much I can pay back and how often.      What shall I do? DWP tell me there's nothing they can do as it's been passed onto Advantis.    Advantis tell me they are working on behalf of the DWP... Nobody will tell me who owns the debt.     What shall I do?    Thank you all in advance for your amazing help.     
    • Hi, I have just received a pcn from Euro Car Parks saying that my car was in one of their car parks for 13 mins without making a payment. The reason being is that my husband was waiting for me, but where he thought I would only be 5 mins I was longer because of health issues and I had to take a rest. As if this wasn't enough, unbelievably I have just received ANOTHER notice saying I had not paid for a ticket on the 9th of September. I would like to mention the car park charges are so cheap, at £1:20 all day, it would be insane not to pay. We have used this car park only around 4 times and have always paid, excepting th time the car was waiting for 13mins. What a shock I have got receiving these notices. I wonder if I accidentally keyed in my registration incorrectly? Please can someone advise.
    • I also have a similar problem with Advantis for DWP overpayment of carers allowance. I've only just moved into my own house and they've sent a letter asking for my whereabouts and a business matter that needs my urgent attention. I have found out from the DWP and carers that I owe £1,131 and Advantis want me to go through an affordability assessment.    I am not sure who owns the debt, DWP or Advantis and where I stand with this 
    • I've just had this emailed from CarMoney. I'm so confused, I really don't know what I'm supposed to be doing and with whom. "Apologies for the delay in response. I have spoken to Oodle regarding the complaint and unfortunatly, they would require an independent report to be carried out on the vehicle. The burden of proof would lie with yourself.   I can certainly help by giving you the details of Scotia, who is the company that we use."   Everything I've read says that I did the right thing by exercising my rights under the CRA 2015 with the dealer. That was done within the six-months, so the burden of proof should be on the dealer still? Or am I completely wrong??
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riverwhistler

Demand for 1st £50 payment on Unknown Lowell Cap1 CCJ - thought i paid this off by F+F years ago

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Howdy,

 

I have a situation that I would really appreciate some input on.

 

Recently Lowell contacted me for a debt I thought i had paid off in 2008.

It was as credit card that I took out as a student.

I had no previous contact from lowell until earlier this year.

 

I received three letters demanding a sum of money and ignored them.

I then received a pre court letter.

When i contacted them they said the only way to prevent a cci was to set up a token payment plan

in the meantime and they would provide me with proof of the debt.

 

 

They told me to disregard the court letter.

I agreed and set up the plan.

 

 

The evidence i asked for didn't appear and i cancelled my direct debit before any payments were taken and then called them to ask whats going on and

they said they were still waiting to hear back from the original debtor.

 

A couple of weeks went by and then i received a letter from the court saying that a CCJ has been made.

 

 

I have now received a letter from Lowell saying that they do not have any copies of original agreement etc and the debtor doesn't have them either.

 

What can I do in this situation?

I understand that once a ccj has been made there is not much one can do as even though its an unenforceable debt it has already been enforced but can they really demand the money without any evidence I still owe it?

 

Any advice would be greatly appreciated.

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There is a lot you can do.

 

However, I should start off by saying that although you seem to have been conducting your communications with them on the phone, I suppose that you haven't recorded anything so you have no evidence.

 

Anyway, you should apply for set-aside. Please follow the set-aside link to discover how to do this. In your circumstances it will be very straightforward although there will be a fee to pay. I would say that in the set-aside application you should ask that the fee be paid by the claimant because you have clear evidence that they have no copy of the CCA and therefore the alleged debt was unenforceable anyway and they knew that it was unenforceable.

 

In future, please record your calls. Read our customer services guide and implement the advice there. Also, you are best off not ignoring correspondence unless you know what you're doing. Come here for advice before you decide to respond to anything – or before you decide not to respond to anything.

 

However, never ever deal with anyone on the phone unless you are recording the call. Read our customer services guide


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Thread moved to Financial legal Issues..please continue to post here to your thread.

 

They told me to disregard the court letter. I agreed and set up the plan.

 

By letter you mean a court claim pack from Northampton CCBC ?

 

Andy

 

Regards

 

Andy


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Thank you for your awesomely fast reply.

 

Yes indeed it was all conducted via telephone - when i call them they do seem to have very detailed notes - would it be worth asking for a Subject Access Request?

 

The letter they sent me (along with a letter demanding first payment of cci awarded amount) is as follows:

 

"Please note we are unable to provide you with a copy of the agreement from the original creditor Capital One.

 

We can confirm the original account was taken out on 13th February 2008.

The account defaulted at a balance of £659.17 and the last payment was for £83.42 on 7 october 2011.

 

Due to non-payment a county court judgement was entered against you on 18th May 2017 and you are currently in arrears of £50.

 

... payment details etc etc etc"

 

I also queried the payment that they say i made that I have no recollection of nor can find in any of my accounts

- it seemed conveniently to be just within the 6 year window

- im not sure why I would make a payment out of the blue years after the fact and feel this payment log might be bogus.

 

This debt had been handed between 4 or 5 collectors and back in the time i made a payment that I understood to be a full and final settlement but I cannot find any evidence to show that I paid it as I didn't keep anything older than 6 years.

 

I will ask for it to be set aside and thank you for the advice. I will make sure I only telephone whilst recording in future,

 

All the best and my sincerest thanks.

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I would suggest the DCA you made the F&F too was just another trading name of lowells?

can yo not SAR your bank

get all the statements and find that payment?

 

 

before you rush and pay £255 to set it aside?

 

 

if you can prove you F&F'd, then they might well set aside by consent at no cost to you?


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