Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 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)       
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 410 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

I've been getting a number of letters from different debt companies and

 

i stupidly ignored and even stopped opening them.

 

I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill.

 

I however suspect that this debt might be over 6 years as i remember getting into financial difficulties

and defaulting when i was on maternity leave six years ago.

 

I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take,

but am not sure who to contact regarding how old this date is.

 

It was originally with Lloyds bank and has been passed to different companies.

 

They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet.

 

Any advice on what to do is very much appreciated.

Share this post


Link to post
Share on other sites

Have you had a look at your credit status like noodle as its been six years could be SB

Share this post


Link to post
Share on other sites
Hi, Am posting this again as i can see some text has been omitted.

I've been getting a number of letters from different debt companies and i stupidly ignored and even stopped opening them. I now have a letter from Northampton county court ordering a payment of over £8,000 for a certain credit card bill. I however suspect that this debt might be over 6 years as i remember getting into financial difficulties and defaulting when i was on maternity leave six years ago.

I have read a few threads on here that mention doing a set aside and am guessing this is the route i need take, but am not sure who to contact regarding how old this date is. It was originally with Lloyds bank and has been passed to different companies.

They are demanding for payments to start on the 5th April and another 2 companies are issuing their demands too but not gone to court yet. Any advice on what to do is very much appreciated.

 

 

 

 

Hi,

 

 

Have you received a claim from Northampton County Court Bulk Clearing Centre?

 

 

Or has a judgement already been made?

 

 

If a judgement by default has been obtained application for set aside should be made soon after the judgement date, and you will need to have a defence to the original claim.

 

 

In whose name is the judgement, when was it handed down?

 

 

Have you checked your credit reference files to see if the judgement shows? If not it would be a good idea to check now.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hello,

Thank you both for your replies.

 

I have never checked my credit reference files but will have to do it now.

 

The letter from Northampton court says judgment for claimant (in default),

 

claimant being Lowell and its says am ordered to pay the debt in installments.

 

It is dated 6th March and they want first payment on 5th April.

 

Ive looked at the N244 form on the internet and am not sure what to fill in for some questions like what level of judge

 

i want or what order am asking the court to make and why.

Share this post


Link to post
Share on other sites

What type of account was this?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Share this post


Link to post
Share on other sites

Hi,

I got a ccj at the beginning of this month and its for an old credit card.

 

The debt is now owned by a debt collection agency and it is now alot more than what i owed the original creditor.

 

I also remember paying PPI but only for 3 or 4 months so it wasnt much.

 

Am planning to have a set aside and was wondering how to word section 3

regarding what order am asking the court to make and why.

 

Can i just put unfair charges and PPI, any advise on this is much appreciated.

 

I also wanted to contact the debt collection agency and ask them for S.R.A,

is this possible after they have already been to courted and issued ccj?

 

Thanks in advance

Share this post


Link to post
Share on other sites

you mean you have a claimform

not an actual CCJ yet

 

and you want to defend the claim using PPI/Penalty charges levied?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Can you please whether you have had a County Court Judgment awarded against you and which you are trying to set aside based on what reason and why did you not defend the original claim..

 

or that you have received a claim form which has yet to go to court ?


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

I also wanted to contact the debt collection agency and ask them for S.R.A,

is this possible after they have already been to courted and issued ccj?

 

 

 

Not quite sure what you are saying here.. You can send a Subject Access Request at any time. However, if you send one to the DCA, they will have very little information other than from the time they purchased the Debt.

 

It is usual to send SAR to the original creditor, to establish if the agreement was set up correctly, whether they issued a default notice, etc, etc.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Share this post


Link to post
Share on other sites

Hello,

Thank you all for your replies.

 

To clarify,

 

I arleady have a country court judgement awarded against me.

 

I had the claim form posted to me but stupidly ignored it and therefore got a ccj in default which am now trying to set aside.

 

My question is can i use PPI and unfair charges at this stage, on form N244. Would that be enough evidence to set aside. Thanks again

.

Share this post


Link to post
Share on other sites

I'm afraid the reasons you have in mind are ones which you could have used to contest the claim beforehand but not to set it aside afterwards.

 

Do you not have any valid reasons for having ignored the claim?

 

If not, the most you can do is to challenge the payment instalment amounts.

If appropriate we can advise you how to go about this.

 

But you can't simply now raise arguments which should have been raised to fight the CCJ when the claim form was issued.

Share this post


Link to post
Share on other sites

did you get that sar off to the original creditor

 

and how old is this CCJ?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

I haven't got the SAR yet, a

m just in the processe of applying for it.

 

And the CCJ is a couple of weeks old.

 

Oleg,

i don't think i've got any valid reasons for ignoring the claim form, apart from being a coward. But

 

i've learnt my lesson and will act different with other CRA.

 

Ive got another two chasing me although their demands are peanuts compared to the amount on CCJ.

 

Is it possible at all to get the installments lowered if i challenge,

i was ordered to pay less than 1% of total debt in monthly installments

and it will take me more than 13 years to clear the debt.

 

Am open to ideas on how to bring the amount down if its doable. Thanks in advance

Share this post


Link to post
Share on other sites

N244

 

dx


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

1%/month provides no joy to a greedy creditor so sometimes they will eventually agree to a f&f,

but let's not count on this just yet.

 

N244 is most pressing concern.

 

Who obtained the CCJ?

 

Most likely they will be familiar to us and you'll find other threads worth reading to get an idea of how they behave after a CCJ.

 

Have you started threads for your "peanuts"?

 

It's worth doing, one thread per debt.

 

State creditor and type of debt in title to increase attention.

Share this post


Link to post
Share on other sites

ps You can still SAR original creditor to reclaim p p i and unfair charges, though they may take a bit of kicking and prodding.

  • Haha 1

Share this post


Link to post
Share on other sites

Hello,

 

I applied to the court to have a recent CCJ set aside and

 

they have now given me a hearing date which is in a few days.

 

My reasons for the set aside was PPI and unfair charges.

 

I did a SAR with the original creditor last week,

 

in an attempt to gather information on charges and PPI and

 

i don't think i will have their reply for the hearing.

 

And i understand they have 40 days to reply.

 

My question is,

 

what do i say to the court now.

 

Should i inform them that am waiting to hear back from my original creditors?

 

Can they accept this and postpone the hearing.

 

The debt is now with a DCA and am wondering if i should send them a SAR as well.

Any advice on what to do next is very much appreciated.

Share this post


Link to post
Share on other sites

Three threads merged on the same issue and now in the Legal forum.

 

In my opinion your set aside application will fail because you ignored the initial court paperwork.

 

I think oleg alluded to this in an earlier post.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Hi ims21,

Did i post in the wrong forum. Ive seen that my threads have been merged but first thread is now irrelevant as my situation has changed and am now looking for advice on court hearing. Should i be posting in another forum? Thanks for your time.

Share this post


Link to post
Share on other sites

No just leave it all here so that the history is complete and in one place


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Share this post


Link to post
Share on other sites

Hi, I have a court hearing coming up and its for a set aside application.

I post about this problem recently but the responses stopped.

 

I have a ccj in default that i have asked the court to review(on N244) due to unfair charges and PPI.

They accepted and have set a date for the hearing but i dont think i will have my evidence ready as hearing is in a few days.

 

I made a SAR to the original creditor but i dont think they will reply in time for the hearing and this is the evidence that i need to defend myself in court.

 

Just wondering if anyone can advise on my situation and if i can apply for the hearing date to be changed.

 

Thank you in advance.

Share this post


Link to post
Share on other sites

I have moved your thread to Financial Legal Issues, where you are more likely to get appropriate help.

Share this post


Link to post
Share on other sites

Four threads merged on the same matter...please do not start multiple threads for the same problem.

 

Regards

 

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 thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi.

I recevied a letter today regarding a CCJ i managed to set aside in 2014 and It looks like Lowell has now applied for attachment of earnings.

 

My reasons to set aside was PPI and unfair fair charges which i remember the judge saying they had to calculate and provide the information.

It was just me and her in the court room but I assume she informed them of this.

 

My question is, can they just request for an attachment of earnings even if the ccj was set aside?

 

Thanks for reading

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...