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    • Hi, thanks for your replies, I wrote to them & this is the reply:   Thank you for your correspondence received on 16 October 2019, concerning the above Penalty Charge Notice. Contravention I have viewed your mitigation and the evidence of the Civil Enforcement Officer on the day in question. The issue is that you parked without clearly displaying a valid pay & display ticket or voucher. Mitigation Whilst you state that you ‘tried to buy a ticket using my card but both machines would not accept a card payment’, there is also the option to pay by phone using the RingGo app if you do not have any cash with you. A grace period of minutes is given to allow drivers time to purchase a ticket, the Officer on patrol observed your vehicle from 12:52 – 12:57 before correctly issuing a Penalty Charge Notice. Conclusion It remains the responsibility of the driver to ensure that there is a parking session in place before leaving their vehicle parked. With this in mind I have upheld the Penalty Charge Notice and rejected your challenge. I will still accept the discounted amount of £25.00, provided payment is received within 14 days of the date of this letter. Payment can be made by post to the address
    • Hello all, hope you are all. Its been rather quiet on the a western front until today. I've received Directions of Questionnaire form N180 in the post. I've still had no copy of cca or cpa that I requested back on 20th August.    Please can you advise me how to proceed now   Thanks in advance Michelle
    • Hi - Quick update. I've spoken to the Holiday Inn Express and they told me to write to them explaining what happened and they'll get the charge cancelled, even though it's a DR+ letter, they confirmed they will talk to PE. It'll take about 4 weeks to cancel. I've sent that off. Have I done enough (for now)? I won't assume this has worked until I get a formal confirmation back.   The other suggestion you had was to write a short 2-liner to PE to ensure they have my correct address as they have failed to get any correspondence to me to date. Should I still do that in parallel? Belt and braces.   Finally - I'm still sitting on my snot-letter to PE re GDPR request. Again - sit on that still for now? If nothing else it gives them work to do that they can't ignore and proves they have my correct address details (or not)   As you might be able to tell, I'm a fan of several lines of attack, but I'll be guided by experience....   Many thanks Choco 
    • yes I moved out in 2014. This is the first I've heard of any outstanding bill! The letter is a 'Payment due' letter, not an official court or claim form at this stage. I have actually had another old energy bill from Lowell (this is what happens when you move house a lot) which came from their solicitors devision with an official country court claim. That bill was from 2014/15. Theres no way of me checking what payments were made or if the amounts are even correct. 
    • kk, thank you    From what I have read, a reconstituted agreement only needs to have the correct name and address.. : /   Is this any use at all, or is it outdated please? I keep finding mixed answers:   Section 61(1)(a) and 127(3)  Consumer Credit Act 1974 that dictates that a creditor must be able to produce a signed document, not necessarily the credit agreement that contains the prescribed terms. This document must include the credit limit, the interest rate and details of how and when a debtor is to discharge his payment options. That failure to produce such a document is capable of rendering the agreement irredeemably unenforceable.     
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Mousey 66

Lowell/BW Claimform - IsMe CAT Debt - taken out by EX in my name ***Claim Discontinued***

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Okay here is the important part.

 

On Monday you must ring your Local County Court and ask if they are in receipt of either A Notice of Discontinuance N157 or an application from the claimant asking the claim to be stayed or if any notes have been put on the system to halt this claim.

 

If not come back here and we will go through the Notice of Allocation ...in the meantime read the Notice of Allocation and look at the directions...what date must you submit your witness statement and send documents before the forth coming hearing date?

 

Regards

 

Andy


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I can’t really ring as I work 9-5 all week and don’t get long for lunch. Could I email them to ask? Also I had to submit my defence by last Friday which I have done

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Defence...you mean witness statement..you have already submitted a defence to get to this stage ?

 

You dont submit a defence after you have submitted your DQ?

 

Yes you can email them


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Sorry yes witness statement. Clearly I’m rubbish with all this legal stuff, lol.

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Sent you a PM

 

In your email state your claim number as subject

 

Ask if they are in receipt of either A Notice of Discontinuance N157 or an application from the claimant asking the claim to be stayed or if any notes have been put on the system to halt this claim.


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Good news peeps!

I received an email from the nice lady from Lowell today, and she said that BW Legal have confirmed that I had requested mediation on the defence questionnaire and that they would always agree to mediation also. However the mediation team are part of the court and they have no control over whether contact is made.

she is sorry if I didn’t receive any contact regarding mediation and for any distress this may have caused.

 

So after reviewing all of the information available to her and after taking into account my situation as I described to her during our conversation on 11 April , She has made the decision to bring the account back from BW Legal and cease all recovery action.

 

Once the account is returned to Lowell, she will arrange for this to be closed and the default removed from my credit file.

 

So it’s turned out much better than I expected or could of hoped for.

It just goes to show they can be understanding and compassionate in the type of situations that I was in.

I can now continue my life without this hanging over me and stressing me out anymore.

Edited by dx100uk
spacing

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And what did the court say ?

 

Have they heard from the " Nice lady " ? Notice of Discontinuance or application to stay the claim ?

 

Makes no difference bringing the account back from BW Legal and cease all recovery action...they have to contact the court to stop it.

 

Andy


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well done!!


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I emailed the court but haven’t had a reply yet, she did say they will cease all recovery action, so I’ll just have to wait to hear back from the court.

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Glad they have seen sense, of course they know that after May 18th GDPR comes in, and if you are a victim of a fraudulent action and they pursue you for a debt that isn't yours for whatever reason, and it can be proved they will get a big comeuppance via GDPR.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well I couldn’t be happier right now whatever prompted the decision.

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I emailed the court but haven’t had a reply yet, she did say they will cease all recovery action, so I’ll just have to wait to hear back from the court.

 

Ceasing recovery action is completely different to stopping a court claim.....only BW Legal can initiate that.

 

Hope they have for your sake...but we have a lot of experience with Lowell/BW Legal and promises over the years.

 

Update your thread as soon as you hear from the court...forget Lowell/BW


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Ceasing recovery action is completely different to stopping a court claim.....only BW Legal can initiate that.

 

Hope they have for your sake...but we have a lot of experience with Lowell/BW Legal and promises over the years.

 

Update your thread as soon as you hear from the court...forget Lowell/BW

Absolutely Lowell and BW legal cannot be trusted.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I don't disagree with any of the cautious approaches being urged here - but I suppose I'm going to stick my neck out. I contacted Lowell by means of an email and explained the situation and pointed them to this thread. I explained to them that we might have a situation here where somebody was a victim of an abusive relationship. I'm no particular fan of Lowell but I have to say that I was impressed that I received three emails from three separate people and at high level and a promise to escalate it as soon as the OP made contact.

 

You may be interested to know that I specifically suggested that in the circumstances the contact with the OP be made by a woman and this is exactly what happened.

 

It looks as if the matter progressed very rapidly after that and I think that any decision which has been made has been made on the basis of the abuse situation which existed and which may have moved Lowell to exercise some discretion.

 

Maybe Lowell merely wants to appear to be right-thinking in these things – but I don't see any problem with that. If these companies do at least adjust their positions so that they start to realise that in some circumstances debts may have been incurred as a result of coercive control within relationships, then this can only be a good thing.

 

If an industry is interested in starting to try and clean up its reputation – then I'm all for it.

 

Now shoot me!


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I feel they did exactly that BF, I think your intervening may of changed their ways of dealing with certain cases, which can only be a good thing so your actions are fully justified in my eyes! If it weren’t for what you did I’d still be facing the same situation, so thank you.

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Let's hope they don't forget to stop any ongoing court action, if they don't and mousey ends up with a default CCJ they have seriously underestimated the potential impact on themselves of annoying Bankfodder.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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So today I received a letter from BW which is a notice of discontinuance, a copy of which has also been sent to the court. So I’m hoping that is it finished with now.

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Well done. I am going to close this thread


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So today I received a letter from BW which is a notice of discontinuance, a copy of which has also been sent to the court. So I’m hoping that is it finished with now.

 

:-) Now it is finished.


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 552 days.

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