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    • Metropolitan collection services appear to be part of HSBC and Moorcroft work with many Banks to continue the collection activities, once the Bank no longer wishes to do the administration.   I suspect therefore that HSBC still own the debt ? Does the Moorcroft letter confirm this ?   For the £12 a year you are paying, I am not sure it is worth mucking around too much.
    • Well that's it then.   You went in the entrance which simply said you had to be a KFC customer, which you intended to be.   Once you worked out it was closed and read the signage you promptly left, in all of 11 minutes.    Their signage is rubbish and you've proved it.  Well done on digging up this evidence.
    • This is a long time issue and a little complicated so I'll attempt to condense.   Barclays account: held with them over 25yrs, opend in the 90's £6800 overdraft   15 years ago the account became a problem due to account holder due illness/company closing/long term disabilities.   No activity on the account other than what is stated below, card not used, balance always kept just under the o/d level so as not to incur further costs.   In those 15 yrs (2006)the account has been maintained each month by Barclays applying the o/d interest and the account holder paying that amount.  In the early years about £120 pm, then it went to £3per interest so worked out and around £90pm and late last year with the interest hike by the banks on O/d's it took the amount close to £180pcm    In  / around 2012 the account holder approached the bank with a view to receving some help, they were at that time somewhat ill, and registered as disabled. They asked that they convert the amount to a loan with them so that over time the balance would reduce. The Bank refused but instead put them through to another in-house lender, (woolwich) on internal line, they took the details but then didn't offer the loan.   Account holders health deteriorated but they insisted with their family members to continue to pay the overdraft, they were petrified of what may happen if they didn't.   In 2014 a SAR's was asked of Barclays which they sent but it didn't give much away, but importantly neither did it mention the customer going into the branch for the help.   In 2019 the customer via a third party who also obtained a third party mandate  approached the bank with a lengthy correspondence asking for help, they gave as much info as they could.   A month later then bank stated they believed they had not acted incorrectly as the account had been held to the good by the miniumum payments on the account being met, in short unless the account tripped they would not know there was a problem.   It was pointed out to the bank that under the terms of the original agreement and backed up by a letter from the bank way back as early as 2003 that the overdraft had been increased and that the account would be reviewed annually and that the account for the overdraft to remain in place would need to be kept in good order.    It's clear no annual review from at least 2006 had taken place as 'good order' was that the account was to be seen to be going in and out of credit whch of course was not the case, it hasn't been in the black since 2005/6   The bank refused to budge , also denied that the customer had been into the branch in 2012 and in any case as it was 2019 they didn't have to go that far back with a complaint if it had not been raised before.   Thats stage 1   A complaint was raised with the Ombudsman in late 2019, they accepted the complaint and lodged with Barclays that an account had been logged and that they (Ombudsman) were thus engaged on the account.   In the meantime the customer continued to maintain the account with Barclays as per the previous 13 years at the same time as providing info to the Ombudsman when it was requested.   Barclays wrote asking the customer to call them, but they had been put on notice in the original complaint that the Customer wanted all communication in writing, three times barclays asked for them to call despite them knowing the customer was 'vulnerable'  and still they continued the account knowing that the customer was only paying them out of the disability payments etc...   Barclays were sent 3 letters via signed delivery asking that all communication be put in writing, the customer wanted to establish a papertrail so no room for error or misinterpretation similar to Barclays 2012 denial that the customer had been into the branch, all 3 letters were signed for all 3 letters went unanswered.   Late 2019/early 2020 Barclays were out of desperation contacted on the phone but as the account had not been placed in collections' then nobody from the department could speak to the customer ????   In or around March 2020 the Ombudsman wrote to the customer stating they were a week away from a resolution and that they were just awaiting for it to be signed off by a senior investigator.   3 weeks later Covid hit but no resolution had been sent, a month or so later an email was sent to the Ombudsman requesting clarification and a month later they wrote back saying 'it's a week away (again) and they'll be in touch and then the case went cold, nothing heard and no return of phone calls to them.   After months of delays and after not hearing from the Ombudsman a letter was sent to one of their senior Ombudsman who replied that they'd take a look and be back in touch in a week and which they were and where they stated that the case: A: Should not have been taken on by the original investigator as it was above their remit, it should also have been picked up by another investigator when it was looked at during the initial process but again it wasn't. B: As the case had been incorrectly assigned it was then unassigned and placed on hold and for the following reason: C :  The case was of a sort that the banks and the Ombudsman have been discussing, no reasons for the discussion was given but as the case fell into this criteria it was on hold pending the discussions being concluded by the banks/ombudsman.   In short just over 12 months of the case first being allocated/engaged it had been unallocated/disengaged and placed on hold.   A second complaint was therefore lodged with the Ombudsman which was duly investigated and a nominal amount was offered for what they stated was poor service.  This amount was refused and the complaint was then sent to the Assessor (next step) but they wrote back stating that until the case had been finalised by the Ombudsman the assessor would not be able to investigate the complaint.   Updated were occasionally given by the Ombudsman on the state of the original complaint against Barclays but even that dropped into the abyss early 2021.    After a recent request to the Ombudsman to ask if the 2019 onwards discussions with the banks had been concluded an email was sent back saying that the case was just about to be reallocated (no answer as to if their discussions had concluded.   A week later an new case investigator was placed onto the case, they had written to Barclays and were awaiting their response.   1 week later they investigator came back with:   Barclays are offering to write the account off and to close the account.   And that is where they're stuck,  15yrs of overdrafts fees being paid, (almost 2.7 times the orignal amount of the o/d) with Barclays refusing to budge, then out of the blue came the offer.   The offer is on the table for a few weeks, but is it an offer to take?   When intial contact was made the bank with the complaint in 2019 they did nothing on the o/d account but very quickly (1 week) shut down one of the Barclayscard credit cards the customer had with them and placed the other at £250 limit (the limits before that were collectively 25k but had not been used for some years)     I have read somewhere that this 'credit card' balance reduction affected the credit worthability of a credit card holder, it's an indirect hit on them and this seems borne out as although the customer has a good credit record (not really facilitating it) they have been refused credit from a source they have always used and who they have never had any problem with before and this is only after the Barclaycard issue.     Sorry for the elognated post but for me, the offer whilst it may seem ok, well if it's their offer now and whilst they may withdraw the offer I think it has more legs? The customer should never have bee allowed to get where they've been for the last 15 years......Barclays have had considerably more than the original o/d and they want to stick to terms and conditions but then seem to flout them themselves by not conducting regular reviews or even as recent as knowing a customer is struggling and they still continue onwards unabated.     Deb                                                          
    • cash cowed blind. just run the sb date to infinity for 15yrs.     who are moorcrofts client please   and i bet you have a bank account and or a card with hsbc too...
    • It was for an HSBC personal bank loan of 20k Was passed onto metropolitan collection services which agreed the £1 payment plan and have paid them every month since and they have left me alone. The new DCA is moorcroft and balance is still roughly them same.  I have always paid the agreed £1 as if I got a ccj I would lose my job.
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Lowell Claimform - old British Gas util debt.


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I'm sitting here trying to fill in a defence on the Money Claim Online over a CCJ claim form received from Lowell. I've tried to find some help on this forum but can't find anyone who's experienced the same issue. Long story short. 4 years ago after a failed suicide attempt I left hospital and moved in with family, I never returned to my home. I moved a couple of times and now live with my husband at our address for the past 2 1/2 years.

 

Out of the blue I received a letter demanding money from Lowells and another from Lucas Credit, yes I should have called but just stuck it at the back of my mind. Now the have made a claim through the county court for an outstanding debt to British Gas for £1795.71 this includes statuary interest they are adding on.

 

They're claim states I failed to maintain payments under an agreement, but our home had a pre paid meter. I want to defend this but I need to know how. Have I left this too late. We don't have any debt and my husband has a good credit record but we are not wealthy and can't really afford to repay this quickly if we have to.

 

Anyone help?

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Topic moved to Financial Legal Issues Forum

 

Please read the following link and then copy the Q,s and your responses back here for further advice.....do not submit a defence until we advise further.

 

 

 

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

 

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  • Andyorch changed the title to Don't know where to turn Lowells Court Claim Received
Posted (edited)

Name of the Claimant ? lowell

 

Date of issue – 18 March 2021

 

 

Particulars of Claim

 

What is the claim for – 

1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx.

 

2. The defendant failed to maintain contractual payments required under the terms of the account agreement

 

3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31

 

The Claimant claims the sum of £1610.71.

 

What is the total value of the claim? 1795.71
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?Yes
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Give Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Give NO
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? If i did enter into an agreement I dont remember
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No
 

Why did you cease payments? Had a pre payment meter no payments to be made
 

What was the date of your last payment? Give answer here
 

Was there a dispute with the original creditor that remains unresolved? No
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?No
 

 

Edited by dx100uk
POC updated
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is that all the poc says?

 

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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Thanks.....okay if not already you must acknowledge service of claim by Monday 5th April 4.00pm...and tick you intend to defend all of the claim. You can do this on line by following the instructions contained within the court claim response pack.Do not submit a defence yet.

 

Then refer back to my link and send the claimants solicitor a CPR 31.14 request for any documents referred to within its particulars.

That's all you need to do  for now.

 

By Monday the 19th April 4.00pm you must submit a defence........come back nearer this date and we can provide a standard defence.

 

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

 

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This is much appreciated. The POC does mention the debt was legally assigned on 11/12/18 notice of which was given to the defendant and the claim includes statuary interest under S.69 of the County Courts Act 1984. I am in the process of filling in the defence online but I'm not sure how to phrase my defence

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you do not file a defence yet!

 

just do AOS

 

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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Thank you dx I have done as you suggested. My AOS was acknowledged this afternoon. So pleased I contacted you as i was half way through my defence statement.

 

 

 

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Good

Slowdown and calmdown.

There are numerous lowell util claimform threads already

might pay you to use our search in the top red banner for those 3 words.

 

now the cpr 31.14 request.

i know its a pain, but we need the poc typed out here exactly as it appears on the claimform, as that exact wording might dictate what documents you can ask for.

 

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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3 hours ago, tommy2000 said:

Thank you dx I have done as you suggested. My AOS was acknowledged this afternoon. So pleased I contacted you as i was half way through my defence statement.

 

 

 

Well I have told you twice already not to submit the defence at this stage...:classic_biggrin:

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 Topic please PM me a link to your thread

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  • 3 weeks later...

Thankyou all for the help you have provided so far. I now have to file my defense and could use some advise. I sent off my request for cpr 31 it was received and signed for on 9/4/2021 but have not had any response. What do I do now?

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  • dx100uk changed the title to Lowell Claimform - old British Gas debt.

can we have the exact POC please as written.

 

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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Share on other sites

Thanks dx

 

POC

 

1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx.

 

2. The defendant failed to maintain contractual payments required under the terms of the account agreement

 

3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31

 

The Claimant claims the sum of £1610.71.

 

I have since received a letter from Overdales Solicitors dated 1/4/2021 asking me to respond to the claim or contact them to discuss payment options.

 

Do you think it might be a good idea to try and make an arrangement?

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god no you never give if they no real proof by all the bills.

 

defence due by 4pm tomorrow monday.

so have you read a few of the lowell until claimform threads that are here in abundance and got an ideas what to put.?

 

it's better you have a go and we correct it else you wont have a clue going forward.

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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  • dx100uk changed the title to Lowell Claimform - old British Gas util debt.

dx

I have been reading the forum on Lowell claimform for hours and to be honest I don't really understand them.

 

As for my defence I feel my only option is to deny the debt due to not being provided by the claimant any proof of this debt.

 

I have had 3 addresses since being a British Gas customer and I have mail going as far back as 2015 and there is nothing from BG or Lowell until January 6 this year.

 

Reading through other posts I realise now I should have sent off for a copy of the agreement I had with BG. Have I left this too late?

 

Tommy2001

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theres no agreement with utils.

did you send off the CPR 31:14

 

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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Share on other sites

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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dx

Thank you for you help. The link you sent was very useful. I have sent in my defense. I would like to make a donation to the forum in appreciation. What's an acceptable amount?

 

Tommy2000

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Why didnt you follow advice and post it up for checking?

what did you file 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... 

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dx

I have not yet signed or submitted yet. I'm just hanging on as long as possible for the post to see if they have replied to my request for cpr31

 

1.The claim is for the sum of £1491.40 due by the defendant under a British Gas account with an account reference of xxxx.

 

2. The defendant failed to maintain contractual payments required under the terms of the account agreement

 

3.The debt was legally assigned to the claimant on 11-12-18 notice of which has been given to the defendant

 

4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £119.31

 

The Claimant claims the sum of £1610.71.

 

Defence 

 

1.the Defendant contends that the Claimants particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.Paragraph 1 is noted. It is accepted that I have in the past had a financial arrangement with British Gas. The claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically.

 

3. Paragraph 2 is denied as I'm unaware what dates or address of property the claimant refers to within its particulars. I have therefore made a request pursuant to CPR 31.14 signed for by them on 9/4/2021 which the claimants have failed to respond.

 

4. Paragraph 4 is denied. I am unaware of an assignment and have have never been served with a Notice of Assignment pursuant to sec 136 of Law of Property Act 1925


5.Where a claim is based upon a written agreement a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount under civil procedure rules Practice Direction 16 (7.3).
 
6. Therefore  with the court's permission the Claimant is put to strict proof to:-


a) show and disclose how and where the Defendant has entered into an agreement.
b) show and disclose how the Claimant has reached the amount claimed.
c) show how the Claimant has the legal right, either under statute
or equity to issue a claim.
 
7. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

8. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.

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wait you can't be penalised any as you are a litigant in person (joe public)

you have leeway of a day or two.

we'll check it tonight

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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that needs work but is generally good

para 1 is missing a sentence 

 

more later

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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