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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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dcahater76

Lowell Chasing Recent 02 Account

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Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

 

Thanks

 

Andrew

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Yes under what ofcom have stated

 

Pers i'd not bother with letter tennis unless you get a letter of claim

Stop making powerless dca feel important


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Hi Dx,

 

Im currently sitting on this I got there pre legal letter the other day.

Im not particularly worried about it.

 

If it turns out they are trying to collect the right amount i will offer them 75% F&F just to get rid of it.

My way of thinking is if I complain to them it might just buy me a little time before they proceed to court as I have no way of countering this if they do.

 

The account was defaulted in April and quickly sold on to lowlifes.

No SB defence applicable.

i have complained about the amount and asked for a breakdown on how they arrived at the figure they allege i owe.

In theory they will have to go back to 02 for this so might just give me a bit of breathing space for a couple of weeks to get the finances together to get this paid off as I dont want a CCJ at this point.

 

Curiously though this isn't showing up on Noddle or Clearscore

Edited by dx100uk
spacing

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dont offer them 75% of it. Theyve very likely paid the oC 10% of the total debt. Why pay it when you dont have to. Especially if its got unlawful charges in it.

 

If you have their PaP pack, dont reply using it. Theres a link on this site with a pack y ou use to reply with.

 

And CCJ? CCJ is a LONG way off. If it ever even happens. Theres a bunch of stuff that happens before it goes to a CCJ. Even if they filed a claim tomorrow, it would likely be jan or feb before it goes to court. Possibly later.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi Renegadeimp,

 

What sort of percentage would you suggest. Im going down the line of paying F&F if necessary.

 

Thanks,

 

Andrew

Edited by dcahater76

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0% Youll ge tmore advice soon. You need to find out why the debt was sold, how much are charges etc.

 

Get a SAR going to O2


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Thanks RenegadeImp.

 

Sar form downloaded from 02 will get it in the post tomorrow.

 

Thanks

 

Andrew

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yep offer nowt!!

and no more silly letter tennis!!

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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Hi DX,

 

Thats the general idea for now Im not certain I can beat this if and when it goes to court best Ive had so far is there pre legal assessment letter saying nothing much.

 

Thanks,

 

Andrew

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have read of a few relevant claimform threads

 

you'll soon get the idea

 

using our search CAG box of the top redtoolbar use:

 

Lowell claimform mobile

 

or claimform mobile

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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If theyre serious about going to court, youll get a PaP pack with a bunch of stuff to fill in. This gives at least 30 days before they issue a claim, and even then they might not. If you get one of those packs, come here, as they tend to change wording in it from what it should be.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi All,

 

Looking for a bit of advice. I am in the process of drafting a complaint to lowell about a 02 refresh bill which I had to default on earlier this year (out of work for a three months).

 

Lowell are claiming £370.10 owed which when I looked at my 02 bills on 02.co.uk seems wrong. I think this relates to unpaid airtime till the end of the contract.

 

I read somewhere that charging till the end of a mobile contract which is defaulted is deemed unfair under consumer regulations. Is this true? and if so can anybody point me to the regulations or relevant case law?

Thanks

 

Andrew

 

Its actually clarified and stated in the Unfair Terms in Contracts for Communications and The Consumer Rights Act 2015

 

https://www.ofcom.org.uk/__data/asse...0/guidance.PDF

 

https://www.gov.uk/guidance/unfair-t...ses-full-guide

 

Andy


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Well got SAR running to O2 this morning so will wait to see what this says prior to doing anything else. Thanks everyone for your advice everyone.

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be aware they have a considerable amount of time to fulfil the SAR request, so the DCA may take action sooner. Its unlikely they will but it is lowell.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks RenegadeImp I sent off a complaint last night. They emailed back this morning stating account on hold for 4 weeks so hopefully should get SAR back in that timeframe if it turns out I have to pay this off then I should have the finances in place to sort this (got a Gibson Les Paul 67 for sale on eBay)

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Why would you entertain paying them anything? If lowell have it then theres something wrong with the debt. And even if they file a claim, it doesnt mean theyre going to win, plus you can go to mediation, and come to an arrangement to pay it off slow or at a low F&F. But all thats a fair way off yet.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I suspect that part of this amount is a handset charge (Samsung Galaxy A5 2017) which I have bank records to prove I paid for the phone when I took the contract if the SAR info states they are claiming for that then I can stop this stone dead the other could be airtime till the end of contract which again I can kill this. I'm just a believer in having a backup plan. Another point being I do not want to risk getting a ccj on my credit record.

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I wouldn't ever consider paying an supposed phone bill made of till EOC fees

It wont be the handset either


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks DX going to sit on this and see what happens I suspect the amount they are claiming can be countered effectively will know for certain with the SAR Return from O2 since I asked specifically for a breakdown of the amount they claim I owe.

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well I Have done a bit of digging around my credit files. I have checked Equifax, Experian and Callcredit and Neither Lowell or O2 show on any of the files? I find this a bit strange to say the least.

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Okay so got another pre legal letter from Lowell I’m not worried. I have reviewed my credit file from all providers and no mention of 02 or Lowell anywhere. Am I right in thinking this would prevent any court action?

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No...its irrelevant whether its showing on your CRAs or not.....perhaps they simply failed to register a default.


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