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    • 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)       
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Irt8787

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Yes, it would be very interesting to get an update.

I'm afraid that the majority of people who come here for help and who receive it – never think to come back and at least let us know how it went. It's always very disappointing for people who put effort into it.

Maybe this person will come back and let us know


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Hi

 

there was some issue when I submitted my DQ and they didn’t receive it.

 

i only find out when county court told me they would strike the case if I didn’t send my DQ in within 7 days.

 

fortunately that’s all sorted and I received my notice of allocation to the small claims track 3 days ago.

yet to go through the letter

 

i think i need to submit my documentary evidence next

 

this is the scanned Notice of allocation letter 

DSG RETAIL LIMITED.pdf

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Main points are you must pay the hearing fee by 13th Dec 4.00pm

Hearing date is 10th Jan 2020 10.00am

 

Witness statement and documented evidence must be filed and served not less than 14 days before the hearing date (28th Dec 2019)


Andy


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Thanks. Would appreciate some help with the witness statement when I can get to it later. Cheers

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Got a letter from Currys legal department today which is a bit confusing. Are they offering me £2000 (when I’m claiming £641 in loss) to settle? Is it a typo, and if I accept the settlement I wonder if they will need to pay me £2000?
 

I have until 13/12/19 to pay my hearing fee. I think I can ring up and pay via debit card, if I am not mistaken?

 

Any advice is much appreciated. 

 

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Might be better to redact your pers info?

It appears they are offering a further £2060

 

Dx


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

 

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10 minutes ago, dx100uk said:

Might be better to redact your pers info?

It appears they are offering a further £2060

 

Dx


I thought they were redacted. 
so any advice on what might be going on, and why they would offer more compensation than claimed? if I write back and accept it, and not pay my hearing fee by 13/12 could they withdraw the offer then?

12 Dixons 2.pdf

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On 12/10/2019 at 11:34, BankFodder said:

Yes, it would be very interesting to get an update.

I'm afraid that the majority of people who come here for help and who receive it – never think to come back and at least let us know how it went. It's always very disappointing for people who put effort into it.

Maybe this person will come back and let us know


any advice regarding the latest correspondence from Currys?

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as said

It appears they are offering a further £2060

 

why not ring and ask if this is true?

if so state that as soon as you have the money you will file a notice of discontinuance with relation to your claim to the court.

 

dx

 


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

 

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I have to agree as they are offering as a Gesture of Goodwill a £60 refund & further payment of £2000.00 for expectation loss in full and final settlement, so in total £2060.


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Dx100uk suggested calling them and confirm this.

Is that what you would suggest too?

I was originally planning to write back to them to provide my bank details and to tell them I will settle. 

 

and what do I do about the court hearing fee?

Do I just ring and pay by debit card now?

 

Deadline is 13/12, I am just a bit worried that the if I settle the settlement wouldn’t have been completed by 13th. 

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Hi

 

I agree with dx100uk that if you are unsure this amount is correct to call them to them to clarify the Gesture of Goodwill offer.  (do not mention to them the amount your claim was for as the are already aware of this so don't remind them)

 

dx100k has already pointed this out in there post that you would need to file a Notice of Discontinuance with the court is you agree to this settlement offer.


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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if you issue an NOD you wont have to pay the fee


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

 

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Alright I will give them a call tomorrow. Thanks for the advice. 

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Sorry, I've been out of the loop for a while – so I've been catching up on things and I have looked at what has been happening on this thread.

I'm going to take a rather different view to the others here – which is I don't think you should telephone them. I think that you should simply accept their offer and provide them with the bank details that they require.

The offer that you have been made has been made as a gesture of goodwill – and as such it is not made in consideration for anything. It is a gratuitous gesture – a gift. I appreciate that they may have made a mistake but I think that you should let them sort that out and complain about it later on.

A gesture of goodwill is exactly what it means – it is not related to anything and doesn't necessarily reflect any amount of money which is claimed or which is owed. A gesture of goodwill is meant to show goodwill and effectively to compensate in particular for having caused you all the trouble.

I would let sleeping dogs lie. Accept the offer and provide them with the bank details. When the money arrives then don't spend it all. Keep some away in a savings account in case at some point there is a compelling argument which requires you to hand it back.

All you are doing here is accepting their outstretched hand which in effect amounts to an apology for being stupid and putting you to such trouble in the face of circumstances where they were obviously wrong – and they still aren't admitting it.

 

It is no loss to you if they come back at some point and say that they realise that they made an error and they want the money back. We can then look at their arguments.

However this offer has been made by a legal department which we must assume has some level of competence and they have looked at the situation, examine the figures and have made a considered gesture towards you.
I think you should take it at face value


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Once you have the money then you can withdraw the claim. However don't miss any deadlines for paying a fee


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50 minutes ago, BankFodder said:

Once you have the money then you can withdraw the claim. However don't miss any deadlines for paying a fee


A different view now I’m torn. so you are suggesting that instead of phoning them, I should write back accepting their offer and provide my banking details, is that right?

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Yes that's exactly what I'm suggesting. If they decide that they made a mistake then they can let you know. If they don't think they've made a mistake then they make the payment. If later on they decide they made a mistake then they can approach you. We can then deal with that and maybe you will decide to repay them as a gesture of goodwill.

However, I don't see that you suffer any disadvantage at all by simply replying on the letter and accepting on the terms that they have laid out. They are mature, experienced – and presumably they mean what they say.

They weren't prepared to do you any favours when they tried to shortchange you over a computer which you thought you had bought. I don't understand why there should be any doubt that you should treat them in exactly the same way – unless it makes you feel noble.


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it’s difficult deciding what to do. I don’t think there is a right or wrong answer here. I’ll probably write to them then. Cheers. 

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I'm quite sure that is the right answer. However, don't point out any discrepancies in your calculations. Make it a simple letter referring to theirs of the XXX date and saying that you accept their settlement offer. Your bank details are XXX bank code and XXX account number. As soon as the transfer of funds is confirmed you will notify the court that you are withdrawing the claim. However please note that the deadline for paying the hearing fee is XXX date and you will go ahead and pay it if the transfer has not been received.


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gotta be the right answer as lone as the fee paying date is not missed

but I don't think there is any penalty for that other than the claim doesn't move fwd so.....

 

dx

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

 

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But if the feepaying day comes up, then the fee should be paid and it is up to them to refund it. By writing back to them and telling them to transfer and warning them about the fee date, you are putting the ball squarely in their court and if they miss the date then they can't say they didn't know and you simply insist on them paying costs or else you go to court. There is no way that they will suddenly refuse to pay the fee and prefer to go to court.


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Thank you for your letter on the 4th December 2019. You informed me that you are prepared to offer a refund of £60 for my claim issue fee and a further payment of £2000.00 to cover my expectation loss in full.

 

I have decided to accept your settlement offer.

 

As soon as the transfer of funds is confirmed I will notify the court that I am withdrawing the claim. However please note that the deadline for paying the hearing fee is the 13th December 2019 and I will proceed with the payment if the transfer has not been received.

My bank details are as follows:

Thank you.

Yours sincerely,

 

Just typed this up, pls advise if any amendment is needed. will send this off first class tomorrow. 

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Yes, it is far too detailed
 

Quote

Dear Sir/Mdm



Reference number XXXXX – your letter 4 December 2019



Thank you for your letter of 4 December 2019 .

 

I'm writing to accept your without prejudice offer made by way as a gesture of goodwill and made in full and final settlement.

My bank details are – bank code XXXX, account number XXXX, account name XXXX.

As soon as the bank transfer has been confirmed I shall write to the court and withdraw my claim and our litigation will be at an end.

Please note that there is a deadline for paying the hearing fee of XXX date XX. If I have not received your bank transfer by then, I shall proceed to pay the fee in expectation that we will be proceeding to court for trial.
In that event, I shall also be seeking reimbursement of this hearing fee.

Yours faithfully



 


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Thank you. Will send it tomorrow. 

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