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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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Queens_king

HBOS Marbles Card - Unpaid & Lost PPI Plevin Cheques

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you mean your pre action protocol letter regarding the PPI claim you intend to make?

you've got me confused here?


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

 

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Unable to upload letter as PC just went down. Typed as per letter

 

I am contacting you about the PPI concerns raised.

 

We have not yet finished our investigation into your complaint. I am grateful for your patience while we complete our review.

 

NEXT STEPS

We expect to write to you with our final decision within the next 8 weeks. We are sorry for the delay.

 

FINANCIAL OMBUDSMAN SERVICE.

As it has been 8 weeks since you contacted us about your concerns you have the right to refer your case to the FOS. The Ombudsman offers a free independent review service. You can find more information on the back of this page and on the enclosed leaflet.

 

If you have any questions please get in touch. You can call us on 01244 698 298 or write to us at the address at the top of this letter. (Leeds) please quote xxxxxxxx xxx

 

Yours sincerely 

Sean Quins

Customer Services Operations Director

 

The back of the letter refers to FOS and Legal Ombudsman service

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Dx.

 

It was sold to Callquest with a debt of about £3k and was written off. I made no payments to Callquest. 

As all the PPI was invoiced by Marbles surely they are responsible 

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Yes your ppi reclaim is against marbles

Poss hbos

Or if a newer one will be newday ltd

 

Cant see why a sols is involved

You cant easily raise a court claim in the uk you are in asia!


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

 

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Dx.

 

Yes I can file a claim and have.

I have the claim number.

 

I have done all the leg work and have been rejected. Twice.

 

Once by NewDay in 2015 who were a bit slow advising g the CMC that was making the claim and was unable to go to the FOS as Newday rejected as out of time

 

I April 2018 l sent a PAP letter to Leeds and I received the letter I typed above in June 2018 stating I could go via the FOS. 

I held off for a while giving them a chance to reply but eventually went to the FOS which again was refused due to Iinitial complaint being rejected in Oct 2018.

 

I had no response to the PAP Letter except the above.

There has been no mention by either Leeds or the FOS that Marbles no longer existed therefore in Jan 2019 I issued my claim.

I have a claim number and had a fee exemption

 

 

 

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Hi

 

I was awarded £871.16 Plevin redress for Marbles MasterCard in October 2018 but these cheques never arrived. Still have not arrived and now want payment as i am in a spot of financial trouble. FOS are not helping one little bit and neither are he BoS Despite three letters attempting to get payment.

I have poof that it has been awarded and proof that they have not been presented. 

 

How can I get them to sort this out without any court battle as this was awarded by the bank itself.

 

Many thanks for any help

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Well it seems to me that your position should be that the cheques were never sent to you. Do you have any evidence from BeOS that they were sent to you?

I hope you don't mind me asking why on earth you have waited for an entire year to start sorting this out.

I think you should contact BeOS, tell them that despite the ruling by the FOS in October 2018 they have failed to comply and you will be taking action in the County Court to enforce the FOS decision +8% interest plus your costs in 14 days and without any further notice.

Only make this threat if you intend to go ahead with it. I really don't understand why you waited 12 months

 

You will need this: https://www.gov.uk/government/publications/form-n322a-application-to-enforce-an-award


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Bank Fodder

This did not come to light until April as I knew nothing about it until I issued a Court summons to Marbles for PPI in January 2019.

 

The defence Lawver said that he was waiting for instructions to make an electronic payment as I only have Transferwise account.

I was then stuffed by the Lawyer as I issued the claim against a non entity. 

 

However their defence states that there was a letter sent to me on 17th October 2018 and that cheques were sent to me on 31st October 2018 which both failed to arrive and I have the email stating that the cheques have not been presented.

 

As I live in S E Asia I wanted the FOS to deal with this as I had no contact names or telephone numbers and since June I have sent the complsint three times as requested and about 8 requests for an update but have hit a brick wall with no responses.

I have also complained via the BOS Web about this on 15 October and received nothing and again twice more since with no reaction.

 

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numerous threads merged for complete history of this card.

 

dx

 


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

 

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If I have to take court action who do I issue it to.

Bank of Scotland, HSBC, HBOS or Joint and several as this was a Marbles Credit Card

 

 

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If I have to take court action who do I issue it to.

Bank of Scotland, HSBC, HBOS or Joint and several as this was a Marbles Credit Card

 

Also Bank Fodder, this was awareded by the Bank not through a court

 

This is a draft of the letter I will send on Monday

 

I find that I have to write to you again with reference to a Marbles Plevin Redress which was purportedly notified to me on the 17th October 2018 and cheques sent to me on October 31st 2018.

 

This redress is against the following account numbers HFC Bank Limited (a subsidiary of HSBC) on the 12 May 2004 under account number xxxx xxxx xxxx xxxx (the agreement).

The agreement and the PPI policy was acquired by HSBC on or around October 2007 and was given agreement number xxxx xxxx xxxx xxxx and was subsequently transferred to the HBOS system around  February 2009 (subsequently xxxx xxxx xxxx xxxx

On the 17 th October a letter was sent detailing that the claim was upheld and that two cheques had been sent. HSBC Redress totaling £481.44 after tax paid of £49.79 and HBOS Redress totaling £389.72 after tax deducted of £108.64. Neither of these letters or the cheques were received and was confirmed by your Lawyer Andre.lopes@tltsolicitors.com late April 2019 that neither had they been presented and therefore out of date. A request was made for an electronic payment to the following account

Transferwise
Sort Code xx.xx.xx
Account xxxxxxxx

 

I was informed by you Lawyer that he was waiting for instructions

 

Despite the ruling by the FOS in October 2018 you have failed to comply and I will be taking action in the County Court to enforce the FOS decision +8% interest plus your costs in 10 days and without any further notice.

Edited by Queens_king
Addnl info

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Who sent the cheque?


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

 

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dx100 ...

It says that one is from HSBC and the other from HBOS. But I see that they are both owned by Bank of Scotland

 

They have not sent it to me here in Philippines as the addresses I have had here are all family and they would have passed it on, the only thought I have is they have posted it to my old UK address which was sold 6 years ago and they were aware of it as I hae had letters from Marbles at the addresses here.

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hsbc and hbos have no links

hbos is bos

 

what is the 16 digit card number 

send it via a pm message.

 

 


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

 

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1st card number is an HFC Marbles mastercard - HFC existed till 2007

 

they were merged into HSBC hence the new card number. 2nd card number

 

some old Marbles branded accounts were then sold to HBOS 2009 3rd number

 

newday acquires the marbles brand - relaunches the cardname and acquires all existing marbles cards from HBOS

 

 

 

 


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

 

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Thanks for the info but if needed who do I send the claim to. The last letter I received reference to Marbles came from Bank of Scotland in June 2018. It seems that they are mudding the water to stop paying me.

 

This was awarded in Oct 2018 prior to my PPI claim in Jan 2019 that fell apart (lack of postal service here in Albay) and at the time I had no idea that Marbles were no longer a legal entity. The Plevin payment came out of the blue from the Lawyers defence of this PPI claim.

 

I am banging my head against a brick wall with FOS since June and have also made an official complaint to the FOS about no action or updates. The lawyer Andre.lopes@***solicitors.com doesn't want to provide any further info even though he says he was waiting for clients instructions to pay by FPS. The BOS customer services don't have a clue a d have never responded.

Edited by Queens_king
spelling. Albay not Albany

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To all that helped. I eventually got a Senior Adjudicator at the FOS involved and got the missing payment paid within two weeks.

 

Many thanks for all the he givenl

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so we are sorted then??

 

 


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

 

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DX100 yes very much so. Unfortunately the PPI failed due to the archaic and almost invisible postal system here in Manila. 

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