Jump to content


  • Tweets

  • Posts

    • They've estimated 10 years to agree a trade deal haven't they, UB? I think the Tories believed Trump when he said the UK would be at the front of the queue and have a quick trade deal and thought it would look good as an announcement after Brexit happened. It didn't dawn on them until quite late on that Donald might lose the election.   Why they ever thought US negotiators would do any favours is beyond me and now you see how other countries have asserted themselves over trade deals, the Tories global ambitions are starting to look naive.
    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
  • 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

Lowell recorded a second default for the same debt 118 PDL debt


Please note that this topic has not had any new posts for the last 918 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 there,

 

Yesterday I received a letter from Lowell & 118 (together in one envelope) that Lowell are now the new owners of a 12 month unsecured loan I stopped paying in November 2015.

 

During this period I also defaulted on 4 loans with 4 different payday companies however by now I have taken care of all but this one. I fully intend to take care of the last of my mess which rules out the PROVE IT route but there are a few stumbling blocks before I can do so.

 

After checking my credit report I notice a second default has been placed on my account. How do I go about getting this removed?

 

After also checking my credit file I notice that the original default placed on my account by 118 was not placed until 28 months after the account went delinquent despite ICO guidlines which state that 'accounts should be defaulted 3-6 months from last payment date'. How do I go about getting the original default accurately recorded to early 2016? (Giving me a clean slate in early 2022)

 

I would like to thank you ever so much for taking the time to read through this thread and any input will be greatly appreciated.

Edited by Andyorch
Paras
Link to post
Share on other sites

Already fully advised on MSE

 

https://forums.moneysavingexpert.com/showthread.php?p=74688132#post74688132

 

I dont think we have any thing further to add Velli ...but welcome to CAG

 

 

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

What about an irl complaint to 118

Might get the whole thing wiped from file and the debt gone too?

 

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

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step

 

and not only for this one

 

you can do it for all those you had even if paid off

 

thread moved to PDL forum and lenders name added

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

Thank you so much for your reply dx100uk

 

I actually went down this route a year or so back and the compensation received essentially settled all the outstanding loans. Thank you for reminding me!

Link to post
Share on other sites

To make things as clear as possible:

 

  • Loan taken out September 2015 from 118
  • Stopped paying November 2015
  • Buried my head in the sand until August 2018
  • Realised default placed on credit file for May 2018 (2 1/2 years later)
  • Lowell buys debt in August and place another default dating August 2018

 

As I received 2 letters from 118 introducing Lowell I know my first step is to complain to 118 about the date the default was reported. Before I can

If worded correctly is a backdate default request to 118 an admission to owning the debt to Lowell if I choose to stall them with a prove it letter? Best case would be for 118 to backdate my default, Lowell unable to prove it & be left with no choice but to remove default and stop pursuing me.

 

Thanks for your input/advice in advance

Link to post
Share on other sites

Even if you correct the default date..it wont stop Lowell pursuing you...and given the default should be Nov 2015 +1/2/3 months...admission is irrelevant as its a way off becoming statute barred.

 

 

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

When you say that a default was placed on your account by the original lender, are you saying that it was as a Default Notice or was that the first default marker placed on your account for that debt.

And what was the debt please-loan, overdraft etc.

Link to post
Share on other sites
Even if you correct the default date..it wont stop Lowell pursuing you...and given the default should be Nov 2015 +1/2/3 months...admission is irrelevant as its a way off becoming statute barred.

 

 

Andy

 

Thanks for you response Andy.

 

Very good points but Im thinking more along the lines of if I do decide to throw them a curve ball by asking them to prove it - will the recent request to backdate date of default suffice as an admission of debt? Best case scenario would be that 118 backdate the default and Lowell unable to prove the debt.

 

Thanks again.

Link to post
Share on other sites
When you say that a default was placed on your account by the original lender, are you saying that it was as a Default Notice or was that the first default marker placed on your account for that debt.

And what was the debt please-loan, overdraft etc.

 

Hi sorry for the miscommunication.

 

It was a 12 month loan to be be paid with monthly installments.

 

Please can you tell me the difference between Default Notice and Default Marker?

 

I recently logged in to Noddle (then Experian) to notice 2 defaults - May 2018 (Original Lender) & August 2018 (Debt Collector).

Link to post
Share on other sites

threads merged please keep to one thread

 

do as post 4 much better way

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 had some issues with PDL's and complained to them. Some caved and removed defaults from my credit files, some didn't so they were sent to the FOS. I sent three to FOS and all three won. Now FOS guidance (Even OFT those days I believe) stated that if they had lent to you irresponsibly, the PDL company should put you back in a position you were before taking out the loans.

 

This means that they would be required to refund interest as well as remove markers from your account.

 

If you had more than 3 or 4 PDL's/loans running at the same time, this is looked at by the FOS as a sure indication that you were lent to irresponsibly.

 

My suggestion should be to put all charges on a spreadsheet, calculate what you think is owed and complain to each PDL company, as well as 118, that they lent to you irresponsibly and that they should refund you as well as remove all credit markers on your CRA files.

 

This is a lot quicker than waiting until 2022 until defaults fall off.

If you go here: http://www.ombudsman-decisions.org.uk/ and put in 118 in the company name, you will see that since 2012, there have been 67 complaints to date about 118. go read them, you will see the majority of them the FOS has sided with the consumer where there have been multiple concurrent payday loans as well and made 118 pay back money and remove credit markers.

Edited by UKDomains
added info
  • Haha 1
Link to post
Share on other sites
Hi sorry for the miscommunication.

 

 

 

Please can you tell me the difference between Default Notice and Default Marker?

 

I recently logged in to Noddle (then Experian) to notice 2 defaults - May 2018 (Original Lender) & August 2018 (Debt Collector).

 

The default notice is the physical notice to in form you of default and allow you to rectify the breach within 14 days...which must be served on you pursuant to section 87.1 of the CCA1974.

 

The marker is what is placed on your credit files as per the ICO guidelines which remains for 6 years.

 

 

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

ignore the silly calendar marker they mean nothing

you are looking for the date of default which should be in the debt summary

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...