Jump to content


  • Tweets

  • Posts

    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

lowell CCJ re: Cap1 card - now Warrant


Ds3Sport
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1851 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

The relevant CPR with regards to your redetermination

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part14#14.7A

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 OTHER

 

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

  • 2 months later...

I understand you have a CCJ, but why wasnt it contested.

 

Have you reclaimed what you can from the OC?

 

Also if the debt is subject to a COurt judgement, then you can apply to the court for a variation so you can pay according to your means.

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

Link to post
Share on other sites

I have a CCJ because I followed the advice on CAG to contest it.

 

At each stage of proceeedings I was told that Lowell were bluffing, didn't have a case and so on but they did.

 

I went to court and my defence was thrown out. I was ordered to pay the full amount of just over £5k to Lowell plus £600 costs.

 

That is not the fault of anyone here of course.

 

I should have gone with my gut and settled when they offered me a two grand reduction but I was assured this was a sign of them not being confident of winning.

.which it wasn't.

it's history.

 

I have a CCJ and the court even after hearing I had no money ordered me to pay £70 per month.

 

How on earth does that make any sense to anyone?

 

I was also told I could only apply for a variance within 14 days and that period has passed.

Link to post
Share on other sites

If Lowell offered a reduction that large then they were bluffing. You just had a poor defence. They knew it so rubbed their greedy hands and filed a claim

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

Link to post
Share on other sites

I had a poor defence because there wasn't one. I went with everything I was advised to do here on CAG. Lowell were not bluffing and giving people advice that they are and which could lead them into a CCJ is just plain wrong.

 

IF you have a cast iron "legal" case then definitely defend and take it all the way to court if necessary but if you do not have a very good "legal" defence then don't go there.

 

Lowell even made me an offer before we went into the court room which although would not have reduced the amount by much, they would have taken off the court costs and reduced my monthly payment to £50, I would have still been better off than I am now. I now have a CCJ, have to pay back over £5k plus £600 costs and at £70 per month which I definitely cannot afford. Even were I in a position to pay off the whole amount now it would still remain on my credit file for the next 6 years, all be it showing as settled.

 

There is a LOT of good advice and information on this forum but advising people to defend without a common sense reason to do so can just lead to more misery for people.

 

I laid out all the details on the forum and followed the advice at each stage and every time I was told that Lowell were bluffing, that they had no case, that the judge would throw it out etc and ALL of that was wrong. Even after the first time I went to court and Lowell didn't turn up I was told on here to expect a letter saying they had dropped the case. No, I received a new court date for six weeks later and Lowell did turn up.

 

The judge agreed with me that it should never have come to court and that Lowell should have accepted my original offer of £50 per month just after the debt was bought by them. He listened to my defence and agreed with many points but in the end it came down to the simple fact that Lowell had provided all the documents requested, had followed the correct legal procedure and it was proven to his satisfaction that I did owe the amount claimed. Hence I ended up with a CCJ and a £70 per month bill :(

 

If you DO owe the money AND you can get away with paying just 50% of it through a mediated offer then take it and move on. That is what I should have done but we live and learn...hopefully ;)

 

None of that reflects badly on CAG by the way. I was given advice but it was up to me to make the decisions and I am the ONLY one to blame for the outcome so I want that to be very clear. Everyone needs to take responsibility for their own actions.

Link to post
Share on other sites

I had a poor defence because there wasn't one

 

Theres always a defence when it comes to lowell. They do not chase legit high value debts. They go for low ones which are the likes of PDL's etc. The high value ones are ones nobody will touch until they get their greedy hands on it.

 

You may disagree but its the truth

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

Link to post
Share on other sites

I do disagree. There was no defence. Read the original thread all the way through to the end and you will soon see that. Just because you want there to be a defence doesn't mean there is one. I might not like it but they didn't make up the debt. It was money I had spent and money I should have paid back. The fact that Capital One dealt with the situation badly in the first place doesn't negate the fact that I owed the money. Lowell had ALL the documents going back to the end of 2004 and the judge was satisfied with that. They also followed all the correct legal procedures. My defence If you can call it that was all centred around technicalities on how the debt was dealt with and following advice given on CAG on how the original agreement was missing terms and conditions etc...which it wasn't.

 

Were there a REAL legal defence I would not have a CCJ. A 'moral' defence is meaningless in court.

Link to post
Share on other sites

Theres always a defence when it comes to lowell. They do not chase legit high value debts. They go for low ones which are the likes of PDL's etc. The high value ones are ones nobody will touch until they get their greedy hands on it.

 

You may disagree but its the truth

 

its all in this thread

we tried our best

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?402888-Lowell-claimform-old-CAp1-card-debt

 

dx

 

nothing to see here now move along please.......

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

Ahh thanks dx. I see what happened ;) Moving along...

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

Link to post
Share on other sites

Ahh thanks dx. I see what happened ;) Moving along...

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

Link to post
Share on other sites

post copied from another thread to here

 

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

  • 1 year later...

I chalked up a CCJ in favour of Lowell back in Sept 2017. Total was just over £5000 and the court ordered me to pay £70 per month even though I had no income at the time...I did fully explain that but they said a lower offer would mean the debt would take too long to pay off. How that helps I don't know. None of it makes sense to me. Anyway, I made the first two payments by simply not paying anything else but then got chased for council tax who were threatening to take me to court and send the bailiffs around. 

 

I did write to Lowell and explain the situation and have to say they were pretty good about it and put the account on hold. I didn't hear anything more from them until today 16 months later!

 

This morning a Notice Of Issue Of Warrant Of Control dropped through the mail box. It says:

Quote

To The Debtor: You have not made payment under the judgment as you were ordered. The creditor has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods. Unless you pay the amount due to the county court before 08 April 2019 a bailiff will call and may remove your goods for sale at public auction. This may mean you will have to pay further costs. 

It then lists Total to Pay as £212.25 (including fees on this warrant) and Balance Outstanding (after payment of this warrant) £5,089.61

 

So, what I am a little confused about here is what happens if I manage to pay the £212.25 before the 8th April and what is that money for? 

 

There is another slip of paper attached which has HM Courts & Tribunals Service on it and says:

Quote

IMPORTANT NOTICE. A Bailiff have been instructed to visit your property to remove goods to the value of the attached notice. To prevent this you should call now. Then it explains how to pay by credit card etc. Following that there is another paragraph that says Please be aware that the court may contact you for payment. If the court does not receive payment within 10 days the warrant will be passed to the Bailiffs to execute the warrant.

 

I should add that both myself and my wife are now on Universal Credit and my wife is ill and receives a disability payment. We are just about to finish paying arrears on the council tax and that was a struggle. Now this lands. We also owe over £1200 to OVO for gas/electric and over £600 for water. Seems to be an endless cycle of debt :(

 

All advice much appreciated.

 

Link to post
Share on other sites

GP / consultant note from your wife's care team or doctor, over to Lowell, with a list of medications and side effects will be a good start. Speaking from experience this tends to get them off your back. Be aware that Lowell are proud members of the CSA, and it's against their own code of practice, (see section 3). collection from vulnerable people.

 

https://cdn.ymaws.com/csa-uk.site-ym.com/resource/resmgr/docs/code_of_practice/code_of_practice.pdf

 

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

16 minutes ago, London1971 said:

GP / consultant note from your wife's care team or doctor, over to Lowell, with a list of medications and side effects will be a good start. Speaking from experience this tends to get them off your back. Be aware that Lowell are proud members of the CSA, and it's against their own code of practice, (see section 3). collection from vulnerable people.

 

https://cdn.ymaws.com/csa-uk.site-ym.com/resource/resmgr/docs/code_of_practice/code_of_practice.pdf

 

 

Thanks for that info. Will fire off an email to Lowell and see what happens. 

Link to post
Share on other sites

OK,

 

But make sure you have a Doctor's note enclosed. 

 

 

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Submit an N245 with your I&E and make an affordable monthly offer £10 or there abouts you can only pay what you can afford..get it on legal footing... its irrelevant how long it takes to clear....Judges from another planet strike again.

 

 

There is a fee of £50 unless you qualify for exemption. 

 

 

 

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 OTHER

 

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

Thanks again for the help. 

 

Apparently our Universal Credit income is about £200 over the limit to get assistance with the N245 Application fee so will have to stump up the £50 for that.

 

Also having filled in the N245 it seems that our outgoings exceed our income by approx £70 per month and that is if we don't take into account the things we should be paying but have not. Arrears on Gas, Electric and Water being the big ones. 

 

So that leaves me with the question of what can I put in box 11, offer of payment? To offer anything we would need to not pay something else. Any advice?

Link to post
Share on other sites

What about money set aside for emergencies? Surely that's 50 per month, that is perfectly reasonable to put in outgoings. I'd offer them 10 quid or 5 quid whatever you can afford.  

 

What about trips to the hospital if your wife is sick?

 

Prescriptions?

 

Please do also send what I told you to, Lowell will back off big time.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

We don't have money set aside for emergencies. If we had money we would have been paying Lowell and not ending up in this situation.

 

As for my wife we have a surgery literally around the corner and the hospital is just a couple of roads away. She doesn't need the hospital and is on some quite strong medication at the moment, which helps a lot but means she can't really do a lot. DWP assessed her and have concluded she is not fit to work so at least that is something. Prescriptions are free although problematic as she needs a certain brand and it always needs to be ordered weeks in advance. 

 

I will definitely send a letter to Lowell. At the moment we owe a total of £4543 for rent, gas/electric and water. We have an amazing landlord and despite being three months behind...we held off signing up for benefits as long as possible and just sold everything we had to pay the bills, she has been brilliant about it all. I was trying to find a solution but at three months behind we just had to go to benefits. Even though we still owe three months rent at least the payments are now steady and we can try and pay off the arrears over time.

 

Anyway thanks again for your help.

Link to post
Share on other sites

In your situation they should not be hassling you. It doesn't matter whether you have money set aside or not. It's perfectly legitimate to put in an i & e report that you set it aside for emergencies.  Do that and you only have 20 left over

 

You are on the edge, I have been there , my wife was ill, we were 5 k behind council tax, 4k behind on Heating and electricity, plus always owing rent, every month.  This is why I am so strongly trying to help you, 

 

Nobody is really seeking to put you on the street, Lowell are low life's but even they will back off in your situation you just need to let them know about it.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

If the I&E reflects a negative...offer a £1 a month

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 OTHER

 

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

All our other creditors have been pretty good and have accepted a £1 per month token payment. 

 

I will send out the letters tomorrow but should I continue with the N245 or just contact Lowell and go from there? 

 

Thanks again for all your help. It makes things a lot less stressful when there are people out there who have been through this stuff and can offer advice.

 

 

Link to post
Share on other sites

Hi,

 

I think you should do both the N245 and letter to Lowell

 

You're chronically ill wife, and yourself are on the verge of being made homeless, and having your electric cut off, you need to make this point and show evidence. That's what I would do.

 

Ohh and right now the Council Tax should back right off now.  How much are you paying them per month?

 

I had the Ctax suspend payments for a year.  Eventually I had to pay it back of course but only when things had improved.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...