Hi - was not going to claim for both. Want to reject the DAF and do a PPI claim via FOS as might be able to get more. First time I have claimed PPI, I just got a letter from them with a form to complete and post back, telling me I would hear back from them within 8 weeks. Do I need to let DAF know I am reject and doing a claim through FOS, again only because of what the salesman told us which is not right and he could see we had no idea on what we were supposed to do so took advantage of us, h the money came out of his pocket especially as he got the commission!!! Sharon

Thanks again for brilliant advice and article. Just a couple of queries, I only have a copy of the loan agreement not any statements, because of time factor can I do a claim to the FOS with out statements and can I use the figures they they have already done in their breakdown ie £2069.74 Sharon

Hi everyone - haven't been on this forum for ages which is probably a good thing as it means I have no problems that need solving, but need to use all your brilliant advice again. Got a letter from Direct Auto Finance saying I could claim for PPI, they sent a form and also asked for copy of my agreement (which I did have, think was from 2012) filled it all in as we were conned, I remember the sales guy saying we had to take out PPI otherwise we could not get the car without it even though it was over the amount we could afford and kindly left the room for us to "talk about it". Had no option so signed on the dotted line. The total amount of PPI on our finance agreement was £1018.97. Got the letter with breakdown from them today and they have agreed a final settlement of £219.75. What I would like to know is does this amount sound fair or should I appeal. The only reason I don't want them to get away with it as looking back the salesman had no right to say we could not get the car without it. My brother has bought me a ticket to go to New Zealand over Easter to see my nephew so would be brilliant to have some extra money to spoil him. I have attached a copy of the breakdown. PPI.pdf

Thank you again - can breath a sign of relief and not have to worry everytime the doorbell goes or post arrives.

Sorry AGAIN - what about the fees and the paperwork, where they correct just putting the notice which I attached above through the door or should there be more.

Sorry told you my brain was not working. Regarding her being on the register but working for another company does that make any difference regarding me having to deal with her.

Hi - thank you so much for advice. Its a big relief that I don't have to be dealing with everyone at the moment. Yes please for wording as my brain is not working well at the moment.

Yes he passed away on 9th March in the evening, received the letter in the afternoon before he died, advised Confero when I got back and saw the letter that we were caring for him and he had terminal cancer, he then passed away 10.40 that evening, I advised Confero the next day that he had passed away. They still told me to contact Ms McNally as a matter or urgency. Andy - thanks for your kind words - has been a struggle but it was horrible towards the end and just grateful that he is at peace now. Just out of courisity is there a regulation/guidance for when creditors can contact you under such circumstances. Just digressing a little bit I was contacted by Funding Corporation whilst he was in hospital, told them I was at hospital with my father who had terminal cancer and was also told I need to contact them and not ignore the issue despite me asking them to write to me. The reason is they allowed me to pay two payments at £80 less than my usual some months ago and then put my payment of october at the end of my agreement but are now contacting me saying the 2 x £80 are now arrears and need to be sorted despite them being fully aware that I could not pay due to financial problems. Just got a message today to phone them which will probably be for the same thing and I do not want to deal with their arrogance so soon after my dad passing away. just wanted to know if I could tell them to back off, I was going to apply for a time order to have my payments reduced but with all the stuff I had to deal with re my dad did not have the time. Sharon

Hi - they told me contact the enforcement agent as a matter of urgency! They have included in the DRO but just worried as liability order was done a while ago. I have included the £235 charge in the DRO, but not sure if they can charge me again? Should we pay it or just the arrears. Exact words after hearing my father had passed away are: I am sorry to hear about your loss and offer our condolence to you and your family. However I would urge you to contact Miss McNally as a matter of urgency.

Hi - need some of your valued advice again. Liability order was taken out for non-payment of council tax for 2005 and 2007 (long story and very very bad time in my life), council sent it to Confero for collection. Received a letter in Feb 2015 advising they would be collecting, which I presume had the breakdown of what was owed. Contacted them to say I was negotiating with council and they emailed back to say account was on hold. Confero bailiff turned up on 26/05/15 but I was still in contact with the council at that time showed them email where I was still in contact with council they emailed me back to apologise and to say my case was still on hold and that their fees would be withdrawn. On 12/08/15 was contacted by Confero via email to say that council had said they should go ahead and collect, but did not give an amount. I sent several emails asking what was still owed but did not receive a figure. Agreed an arrangement of £100/month starting from 20/08/15. I had originally asked to pay £30/month as that was all I could afford but they refused. I made a couple of payments of £100 then my husband got made redundant so we lost a lot of income, advised Confero but they would not reduce or put on hold the payment plan. Sent them a copy of my hubby's redudancy letter (company went into administration so were not able to give employees any redundancy packages). I then made a couple more payments but only £50 as again that was all I could afford. In January 2016 we hit a brick wall regarding our finances and contacted Step Change who are in the process of sorting everything out for us, my husband is getting a DRO and I am doing token payments. Contacted Confero advising them of our situation and our severe financial situation which is due to no fault of our own but due to loss of one income. Told them about Step Change taking us on and then on 09/03/16 got a hand delivered removal notice (copy attached). I was not at home so was just put through the letter box as was looking after my father who had terminal cancer and who also died on the evening of 09/03/16. I also advised Confero of me having to look after him as it was he wanted to die at home (before 9th) and then after 9th March to let them know he had died. I look on the bailiff register and could not find a XXXX registered but had a look today and see there is one there but working for a company called Swift Credit Services but nothing under Confero. As there was nothing registered prior today I contacted Confero via email to get her details as did not want to deal with her despite her name being on the letter as she was not registered but they just kept telling me to contact her. my query is if they originally came in Feb 2015 they would've charged a fee then, I have repeated asked for amount owed and have never been given a figure. can they charge me for the visit on 09/03/16 and also would any of my circumstances be regarded as vulnerable as its too early after my father passing away to be dealing with enforcement officers. Finally what paperwork should they have given me regarding the above as all of it seems to have been done via email. Sorry forgot to say the amount outstanding of is made up of £243.78 debt and £235.00 enforcement fee. 1 remove.pdf

Just a thought - could I invoice BC for the fees paid to submitt the N244? I also don't understand do I have no pay bc the alleged debt, fees and interest as per their witness statement?

They cancelled it.

Hi - yes 14 days before hearing date. According to the notice dated 2nd Feb papers should've been filed by 28th Jan. I faxed and emailed everything on 3rd Feb. It says in the letter dated 4th Feb that they received my papers on 3rd Feb which were seen by a district judge and if I wish to set aside the order I need to do the N244. Also I do not understand that the order means? Sorry for not answering sooner but have been busy sitting with my dad while he is in hospital.

Have i messed up!!! Please see attached letters. Also they say the hearing is on 11th but its not its on the 12th at 2.00pm. I emailed, faxed and posted documents to courts and bc. Letters.pdf

Hi - I have done - I have just faxed, email and phoned them. Will also post a set today. I could kick myself all the hard work and all your amazing advice getting thrown out the window coz of my stupid mistake. Joys of looking after family!!! If they do not accept then what will happen?

Ooopppss - I think I have just messed up. I thought the papers needed to be send after 28th January (hearing is on 12th Feb) and not before but reading the papers again I think they may have needed to be submitted BEFORE 28th January. Have I messed up and if yes is there anything I can do. Sharon

Thanks Andy, is there anything I need to change or have left out as would like to get it sent today. My dad should be out of hospital in the next couple of days so will be busy looking after him, unfortunately scan yesterday showed cancer had spread so not sure what support he will need once he is home. Sharon

Which is the best way of sending these, signed for, regular post, fax or email. Also should I let them know that I can't attend because of my father's cancer treatment, I can send a copy of his appointment details if need be. Sharon

Would producing a credit report around that date prove it? I can have a look as I may have some old ones. Right hopefully I have got it all and attached is the witness statement from me. Let me know what you think and what I have done wrong: BETWEEN: Lowell Portfolio I LTD Claimant and – Defendant WITNESS STATEMENT OF xxxxxx I, ………. being the Defendant in this case will support my defence as follows: I make this Witness Statement in support of my defence in the claim. 1.The claim is for a running credit agreement regulated under the consumer credit Act 1974, however due to no longer having the paperwork I am not sure when the account was opened. I signed the credit agreement online but do not have a copy of the agreement or terms of that agreement. 2.I did order goods when the account was opened but returned a few items due to them being faulty, I do not have any paperwork to support this whilst the account was open which were delivered to me on an account basis and made monthly payments towards the account. No statement of account has been given to me by the Claimant so I am uncertain as to how the sum claimed has been arrived at. Nor do I recall a statement of account being sent to me. The goods mentioned in AB2 were returned as they were faulty but I do not have the paperwork nor recall the exact date. 3.I have various documents which I make reference to is this statement. Within this statement I make reference to various documents under AD1. 4.I have been in contact with original creditor regarding refunds for goods returned as well as payment dates, minimum payments due and charges on the account. This can be supported as per emails dated 10/04/13 AD1,(1) 31/05/13 AD1(2), 05/06/13 AD1(3) and 15/06/13 AD1(4). 5.Shop Direct state in their email of 31/05/13 AD1(1) that there has been a delay in resolving my enquiry supporting that I had been in contact with in accordance with their terms and conditions and the fault was theirs. 6.Point 5 of the Claimants witness statement states in “The Defendant breached the terms and conditions of the Agreement by failing to pay the minimum monthly payments as and when they fell due or to pay the default sum by the due date”. This is untrue as you can see from the emails mention above (AD1 to 3) that minimum monthly payments were being queried and therefore the dates they fell due would change as well as the minimum amounts. It is also my understanding that the Claimant is not permitted to take ANY action against an account whilst it remains in dispute. 7.Point 7 of the Claimants witness statement states “The debt was assigned to the Claimant on or around 18 April 2014 and a reproduced copy of the Notice of Assignment sent to the Defendant on or around 2 September 2015 is exhibited at AB3”. I did not receive this letter AD1(5) and I believe the Claimant produced the letter for court purposes only. I believe this can be supported as you will see their letter states that £385.79 is owed HOWEVER the principal debt is for £278.52. How would Lowell know what the court fees etc were as they do not issue litigation proceedings this is done their solicitor being Bryan Carter (The Claimant). 8.Point 13 Claimants witness statement states “The Claimant has not record of the Defendant raising a dispute or contacting them at all prior to the claim being issued” I would not have been able to dispute or contact the Claimant as I did not received any notice of assignment as supported by the letter stating the wrong amount of £385.79, this figure is made up as follows, the principal sum (£278.52 )PLUS interest (£22.27), Court fees (£35.00) and Solicitor costs (£50.00) which the Claimant would only have know AFTER issuing litigation proceedings. If I had received a notice of assignment I would have been in contact with Lowell to avoid any further action. 9.I believe the statement of account (AB2) is not a true copy as it does not reflect refunds on the account or any refunds of charges as supported in email 05/06/13 - AD1(3) in which Shop Direct state as sum of £24.00 has been credited to my account. 10.On 19/08/15 I wrote to Lowell – AD1(5) asking for a copy of my credit agreement, statement of account and notice of assignment, however to date I have not had a response and they still have my postal order for £1. This was send signed for an next day delivery so I can confirm that it was received by Lowell. I also wrote to the Claimant on 19/08/15 with a CPR 31.14 request but their response – AD1(6) was that these documents should be supplied by the original creditor which they have not done. I would also like to point out that they say in the letter they refer to my letter dated 14 August 2015 further supporting the inaccuracy of their paperwork as the letter was dated 19 August 2015. CONCLUSION The Defendant respectfully requests the court at its discretion to exercises to strike out the Claimant’s Claim as the Claimant did not comply with a Statutory Request under the Consumer Credit Act of 1974. There is evidence to support that the Defendant was in contact with the original creditor whereby proving no terms and conditions had been breached. The documentation used as evidence by the Claimant are not true copies and I believe have been issued after litigation proceedings. The Claimant is not permitted to enforce the agreement whilst the account was being queried. Therefore I maintain this account has become unenforceable at law. The Defendant respectfully requests that no Judgement be entered against him. The Defendant also respectfully requests that the costs of and occasioned in the dealing of this matter be settled by the Claimant. ADS - Statement.pdf

Sorry another question - there is nothing on the credit file for shop direct only for lowell from when debt was bought. Can I say shop direct did not regard the account as being in arrears? Sharon

What about the different amounts on the letters, should the assignment letter just be for the original debt and not include court fees etc, as the amount on the assignment letter also includes court fees, Shop Direct did not assign or they did not buy the figure with the court fees, only the original debt.

But they have assigned the debt AFTER the issue of the claim form, surely the debt needs to be assigned BEFORE they start litigation, imply that the letter dated 02/09/15 is not a true copy and was only produced later also proving I did not receive an assignment noitce prior to litigation proceedings? PS - these are the papers they have submitted as evidence to the court and if they are wrong surely they cannot be used as evidence, if they do issue one with the correct date it would have to be after the court hearing and therefore not part of the case?

Also have a letter from them dated 14/08/15 stating they have issued litigation proceedings which lists the figures as per above (totalling £385.79) Just don't understand why the notice of assignment is dated September and has the court figures as the total. Surely it should only just state the principal sum and dated April 2014? Sharon

Hi - putting statement together and have just noticed another thing. The letter they have given as evidence dated in September says the amount owed is £385.79 but the claim that was made through the courts is £278.52. The last payment on the account according to their statement is November 2013. Should I also state that? Does it help to prove that they are talking you know what?? Me again - just figure out the figures. The £385.79 is £278.52 plus charges they have added as per the Court Claim form which is as follows: Amount claimed £300.79 (I think this is the £278.52 plus interest from date of assignment of 28/04/14) Court Fee £35.00 Solicitor's cost £50.00 Total amount £385.79 Here comes where I am confused: Point 7 - states debt was assigned around 18/04/14 and a "reproduced copy of the Notice of Assignment" sent round 02/09/15. The actual letter is dated 02/09/15 (which I did not receive otherwise I would've kept it as its regarding the court claim) why is it not dated 18/04/14 and the amount in the letter is £385.79 which is the figure including all the fees above NOT the original figure as per AB2 statement of account or the figure stated in the claim form at the beginning where it says "this claim is for £278.52. The amount due under agreement between the original creditor and the defendant" Does that show that they have produced the notice of assignment AFTER submitting the court papers and not before as they are supposed to do? Sorry for all the questions but the more I go each bit in the paperwork the more I find something I can query (I hope). Sharon

Ok from what they have submitted the items in the goods section of the statement were returned but do not have the paperwork however the reply from Littlewoods 15/06/13 confirms that goods had been returned, this is not reflected in the statement in either payments or adjustments. Point 4 of their statements states "summarised statement of accounts reflecting all transactiions, the email from littlewoods dated 05/06/13 states a credit of £24 has been issued this is not reflected in the statement of accounts, therefore showing it is not correct. Point 5 - where it says I have breached the terms and conditions regarding minimum payments but do not give a specific date - the email from littlewoods dated 10/04/13 and 31/05/13 are to do with payments therefore would I be able to say that I was querying my account therefore minimum payments and default sum due dates were changing and I was therefore not in breach. Point 11 - they say now that they have given me copies it rectifies their duties under CCA1974 but are they not still in breach of this as the letter asked them to send copies within 7 days and asked Lowell to send copies within 12 days of which they did not comply. Point 13 - says I did not raise any issues but their emails dated 10/04 and 31/05 confirm that I was querying the account. They also say they will not attend court, is this normal practice as we will also not be able to attend as I work in childcare during the afternoons my hubby has just started a new job, also with my dad having cancer he has radiotherapy treatment on 12th which I need to take him to as well as it has spread to his hip and back so mobility is a problem. Will it be a problem not being present? Any advice please please please, got so much going on its difficult to think straight at the moment. Sharon carter WS .pdf