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    • Hi everyone,  Recently I did a financial statement for the CAB and it turns out that I have been overpaying my rent by £48 per month for at least 5 years.  I am on Housing benefit and have been paying £100 per month to cover the short fall in the benefit payment. I contacted my letting agent querying this and was told that my account is showing that I am just current in the amount I owe, not showing a credit balance as my calculations seem to show. My rent is                £700 per calendar month  or          £8400 per year Housing benefit     £594.08 x13 - 4 weekly payment   £7723.04 per year My top up                £100 x12 calendar month              £1200 per year                                                                                              £523.04 over payment per year   I think the maths is correct and I think this situation arose because a one point we were in rent arrears of about £1000 and agreed to clear the arrears by paying £100 a month rather than the £52 needed to cover the HB shortfall. We have continued to pay the £100 per month since that date.    My question is how do I go about getting a break down of all payments to my agent and what to do if they refuse to cooperate.   Thanks in advance  Gary44
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    • 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.
       
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      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.
       
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      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!
       
       
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Lowell Claim form - Provi Doorstep Loan online signup.


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Fine just done a few tweaks on the above......please check it over again.   I have added :-   (b) show and evidence the nature of breach and service of a default notice/termination

some notes i've made tonight:   point 19.. go thru the claimants WS and note down the ws point number everytime and relation to which exhibited document they state that the document is

I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  

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let them sweat.

stop looking at the bad points

 

bottom line is all their paperwork is dodgy

and they know it.

 

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... 

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You mention not admitting or owing the debt however in the email below at supplement point 7 you clearly state “I made a local application to Provident”. We understand this as you admitted you entered into an agreement with Provident. 

 

 

Not necessarily.....making an application and it being approved and executed are two completely separate matters .Wish you would have posted up your further statement for opinion before submitting.

 

Andy

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I made the offer and they replied relaying their witness statement which frustrated me. I replied with what I intended to include in a supplemental statement. Bad idea, I know now. But has this information now become official? Do I need to submit what I wrote in the email to the court?

Edited by baycloves
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If you have not submitted it to the court ...I wouldn't worry about it.They have already disclosed their evidence.

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

 

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  • 5 months later...

Just a quick update on my claim..

 

I have final remote hearing on 19th January.

Lowell made a counter offer of £150 in August which I ignored.

 

I hoped actually they would not continue to pursue.

I am now wondering if it is wise to contact them and see if they will still accept as it's an amount I'm willing to pay.

 

I'm not confident in the hearing, mainly because I have no experience and honestly I find the whole thing concerning.

 

I won't allow them to win by default however. 

Are there any final thoughts on this?

 

Quote

We refer to the above matter in which we act for the Claimant. 

 

Our client is proposing an counter offer of £150.00 in settlement of this claim. You can make this payment in a lump sum payment or over two payment instalment. You will note this is considerably lower than the outstanding balance and is a sum our client is willing to settle on purely on a commercial basis.

 

Our client is still of the belief you are liable for the outstanding balance but any further costs being incurred will be more than the balance due. This is why our client is willing to settle for a reduced sum. 

 

We look forward to hearing from you with regards to settling this matter.

 

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they are only continuing this because they sense your weaknesses (or read it here!)

the settlement figure is going down and down - their costs are going up and up.

 

they are already most probably shelling our more in fees/costs that they'll ever get back.

and ofcourse should they lose, which they typically do on 99% of the vanquis claims we get involved in, there is the danger of then being saddled with your costs too.

 

i'm surprised for the  measly £400 they might get they have not already discontinued.

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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... 

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twill be a phone/skpe like hearing surely?

nothing to 'attend'

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... 

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You are in good hands here, I suggest you follow the advice given and have no dialogue with the other party at all other than advised to. The other party throughout will try to intimidate and frighten you, most especially with legal action and court. It is almost certainly bluff. They can threaten court action, set a date and a time and fold on the morning of the day, they usually do. If they are offering settlement figures then that is a sign of weakness on their side.

 

Hold your nerve, be brave and follow the advice you are given, it's worked for hundreds of others and it worked for me on several cases with several lenders far more reputable than doorstep merchants

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then atleast they don't have to pay someone to travel so it just shows how much they have already spent on this case if they were offering to settle for £150, that would be the figure to break even. so not really any 'discount' at all.

 

it worthy, so you understand, how provi's fresh start scheme that you fell for worked, to all intent and purpose it was a debt management scheme. they took any old debt and they even bought debt not theirs that you .. owed to another creditor, normally one that was close to or even already statute barred,  offered to remove all interest on it and then said well if you take up this offer we will also loan you upto £xxx on top, at an affordable level.

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... 

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  • 2 weeks later...

a loss on a provi doorstep loan is a rarity here .

whilst its fresh in your mind

get it all written down.

 

judge lottery?

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... 

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Hi

Sorry to hear that. 

Did they give you a reason why they believed Lowell and not you?

 

I don't suppose you asked if you could appeal did you?  It would have made the judge give written reasons or so I believe.

 

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I felt outmatched to be honest.

 

Lowell probably did identify me on here and decided to send one of their more experienced.

The guy they sent to last hearing didn't sound half as competent. 

 

The solicitor and judge were pretty much talking amongst themselves. That's how it felt.

The Judge understood and accepted what the solicitor said at every point.

 

She accepted fresh start as a brand name only.

She accepted all the evidence were copies.

She accepted I entered into a valid agreement.

She accepted the error on the default notice was a typo. 

 

Felt like I lost before the hearing.

If not, I wasn't able to express my points well enough.

Not like the claimant who I'm sure was giving a law lesson.

Completely out of my depth. 

 

I didn't ask to appeal.

I'm upset understandably but grateful for all the help and support I received here.

I've learnt a hell of lot but hope to never need it again.

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judge lottery, they probably play golf together.

 

when we see this, it wouldn't matter if you had perfect defence you just won't win.

not your fault.

 

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... 

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