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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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no news on my stay.................:cool:

 

 

 

wrote a letter to mortgage lender will have it looked at and send it this week...................see what happens:rolleyes:

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Hiya hunny, long time no speak. Not sure if you're on your hols already but i've missed you..LOL...Talk soon....Jen x

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hi

 

I was wondering as well how things with your stay were going?

 

Jan


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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evening all,sorry bin taking days away and now preparing to go on my hols for aweek.i havnt left or abandoned you (worst luk i hear u all shout) i thought id give us all a break. anyway, no news yet on my stay,doubt ill hear anything now till the 7th sept when i get back from the sea side.:) just hope we have at least a few days of warm sun shine.i will be back rejuvinated and ready to figth on in a new and vibrant way (or something just as exciting :rolleyes: ) speak later people......have a nice time on holls jen xx

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Nice to see you back hun. Its good you're having timeout....the crusade can get to you after a while, i go on 10th so i might talk to u before,

Jen xx

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;) no news today on the stay,my only hope is it comes tomorrow b4 i get away on holls.two days till my b day and the new toy is calling me.miles n miles n miles of smiles...................and the odd fly in the teeth(i do hope not)2847311388

 

 

 

love is............................a bank that gives!!!!!(it all back):rolleyes:

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:) well thats it birthday over, 41 has come, and is going :roll: .tomorrow im on my holls for a week.so ill try and keep you updated when and if i can get to a pc.if not, friday evening im back home and online.hopefully my stay will be lifted (fingers crossed)has anyone had one lifted yet?

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Hi, A few have had them lifted...& a&l are still paying out on some too....have you received the official letter re stay yet?

 

Jen xx

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hi all, im back from my holls and i have news.just phoned my local court to find out if there was any decision on my application to have a stay removed.the judge has set a hearing date for 05 november at 1400 hours i should recieve the letter in the post tomorrow.rok on the judge that has cheered me up.just need help now to prepare for that.so a lot of daft questions will follow im sure .:roll:

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Glad u r back hun....did ya have a nice time? Remember remember the 5th of november!! xx

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it was a great holl ty jen.best i have had for years.:cool: so what will be happening on the 5th do you think?hearing to remove the stay?or stay removed and hearing for charges?omg im so excited today.............gonna shoot up the offy and get the bulmers in :roll:

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hi

 

well done for getting the hearing- read my thread and some of my posts today - I have a feeling in my bones- you may be on your way!

 

Jan:)


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Judge stayed Case but tith a condition

 

some light reading:)


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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:) well here it is,in all its glory.the letter from yeovil county court.:)

 

two lines and 29 words of pure pleasure....................:rolleyes:

 

 

"the hearing of the claimants application for removing the stay will take place at 14;00 on the 5 november 2007 at yeovil county court, 22 henford,yeovil,somerset,ba20 2qd."

 

 

so now i gotta get a haircut and a new suit, brush my teeth, and practice speaking, with out tripping over my tongue.oh the joy,will be interesting, and a new life experiance.its gotta be one of the 100 things to do before i eat dinner.:-D

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one step nearer to celebrating.

 

ps

 

I might be running a pub in westbury very soon........

 

I EXPECT some serious custom..........

 

 

good luck

 

G

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I know you wil keep positive and learn from us - dont even bother to nudge until right before the hearing - remember its a case of who blinks first! and I dont think it will be you.

 

Jan


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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:) well here it is,in all its glory.the letter from yeovil county court.:)

 

two lines and 29 words of pure pleasure....................:rolleyes:

 

 

"the hearing of the claimants application for removing the stay will take place at 14;00 on the 5 november 2007 at yeovil county court, 22 henford,yeovil,somerset,ba20 2qd."

 

 

so now i gotta get a haircut and a new suit, brush my teeth, and practice speaking, with out tripping over my tongue.oh the joy,will be interesting, and a new life experiance.its gotta be one of the 100 things to do before i eat dinner.:-D

MMMM, I'm sure the flies in ur teeth will not sway the judge.xx

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:) thanks guys.

 

i only blink at 140 plus(when i realise im being naughty) and the bank cant, or refuse to do that.(realise they are naughty) so im real chuffed about things at the min.the freedom fighters are alive and kiking in yeovil. thanx for the invite for dwinks,im sure we can get together, and be court buddies if needed.how is yours going togeoff ??.

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Urgent Info Needed To Confirm A Bank Leak

 

post 86 A$L are mentioned on link

 

 

jan

OFT Test Case POC's (

and dont these look familiar?


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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ok guys need help:D ............

 

 

1)with this hearing what will i need to take with me?

 

2)do you think i will get to speak with the judge or will a & l fold

 

3)thanx in advace for help and suggestions

 

 

:)

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This is new territory for all of us and dont forget even if someone else is unsuccessful at lifting stay - you could have sympathetic judge

 

I can only tell you what I was going to do

 

1) Take a list of the cases that A&L had settled outside court (litigation section)

2) take a copy of the appeal document you sent ( i assume the letter from here?)

3) emphasise any delaying tactics by taking copies of correspondence - and also show them if you have made any attempts to settle

4) get the Names and case numbers from those who have been paid by A&L since OFT case (scoobz has list)

5) Emphasise that you feel A&L had no intention of appearing at your case and would have settled in the days before as is shown by the cases you have examples of

6) Important - if you are a hardship case be prepared to prove it and take a copy of the FSA agreement that shows that Hardship cases should be filtered through.

 

Other than that just keep reading before hand to see what has worked for others .If anything

 

Jan


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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