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  1. I received a Letter of Claim from Lowells today and now my heart is racing and a sense of panic is setting in. Particulars of debt: On 22/6/2009 you entered into an agreement for Lloyds account. You failed to make payment in accordance with the terms of the agreement and it was later terminated and subsequently assigned to our client by Lloyds Bank PLC on the 24/11/2015. Notice of the assignment has been previously been given to you and you may request a copy of the agreement on the enclosed reply form you are required to make payment of the of the sum outstanding £11931 within the next 30 days. Please advise as i certainly do not have that type of monies available.. Silly silly me for stopping my repayments
  2. Hi long time reader, first time poster. I requested a CCA from Lowells in October of last year relating to a Llyods/TSB credit card debt. The card in question was taken out in April 2004 and fell into default in late 2012. 4 months later they have sent me what appears to be a copy pasted set of terms and conditions and a copy of the last years worth payments to the account. The terms and conditions have an error in the address I was living at when the card was taken out, they've used the postcode for an address I was living at 10 years later, otherwise it's correct. There's also no date for when the agreement was taken out, nor is there a signature (I'm unsure if this is required or not). Would I be right in thinking that a reconstituted CCA is only valid for debts after a certain date? I would be grateful if someone could take a look at the attached PDF to see if what I received meets the requirements of a CCA request and if not, what do I do next? 2017-03-07_12-43.pdf
  3. Hi, first post here. I found this site after doing a google search on a firm of solicitors named on a letter sent to me today. It's a Claim Form that appears to be from Horwich Farrelly solicitors. The 3 page document has a court address as the County Court Business Centre, 4th floor St Katharines House Northampton NN1 2LH There is a claim number and it all looks like a a summons. It also tells me I can respond to this claim online at http://www.moneyclaim.uk. The claim is that I nudged into another car from behind approx 18 mths ago. T This is true. There was virtually no damage caused to either vehicle, just scratches, but the other driver insisted in swapping insurance details which I did. As soon as I got home I phoned my insurance company (the Co op) for advice and to report what happened. They told me to to wait and see if any claim came in. I thought no more about this matter until a few months later when my car insurance renewal was due. When I tried to renew my insurance the prices has gone up by between 50 - 100% regardless of which company I tried. Eventually after a lot of phone calls to the Co op I was told that a claim had been registered against me because I had called them to report the incident of the small bump, and that is why my quotes has shot up in price. I asked if they had received and paid any claim on my behalf, and they told me no they hadn't. But a claim could come in at any time in the following three years. They also promised me if they had not had a claim from the other party within a year they would review the fault claim on my record. I just accepted it, put it down to bad luck and my own fault for nudging the car. After a year passed I called Co op to ask if the other party had made a claim and if I could get the fault claim removed off my record? They told me that they had indeed been contacted by the other party and they had paid out a sum to the them to cover his loss of no claims bonus. I argued that they should have contacted me before to agreeing to pay any money to the other party as he's was clearly trying it on. But, again I just accepted it. After all that is what car insurance is for isn't it? I was fully comprehensive with 10 years NCB. Again I just put this down to experience. Now, out of the blue I have received the claim letter mentioned above. I don't know what to make of it? The amount claimed in the letter is £2070. Firstly I would strongly reject there was any damage to the other parties car (a 17 year old VW Golf). At most it had a scratch. But secondly, why are they contacting me directly? I was fully insured at the time by the Co op. They had my insurance details, should they not be making the claim through them? I'd appreciate any help or advice on this as I've never experienced anything like it before. I'm a middle aged lady with 10 years + NCB and a clean licence, until this. Lisa
  4. My daughter parked in my private parking bay and viewed the visitor permit in the windscreen rather that the permit with the bay number. When we returned she had a parking ticket. I wrote to UK Car Park Management Ltd advising this was an error and that she had my permission to park there me being the resident for that bay and provided photographs of both the visitor and bay number permits. She still received letters requesting payment which rightly or wrongly i told her to ignore as i believed we have the proof that she had permission to park there. She has now received a letter from Gladstones Solicitors stating 'Letter Before Claim' The initial ticket was for £100 which increased to £149 and the latest letter states £160 My daughter has never responded to the letters in respect of this ticket by my advice as i gave her permission to park there. Should i or her respond to the 'Letter Before Claim' or ignore it? Any advice would be gratefully received
  5. Hi All - For those of you who have not read my issue, here is a history on another thread: https://www.consumeractiongroup.co.uk/forum/showthread.php?485667-Got-CCJ-due-to-council-and-bank-blunder!!-what-compo-should-i-ask-for&p=5116746#post5116746 In a nutshell: - own a rental property in another London borough to where I live - council initiated CCJ proceedings for non payment of Service Charges (payments were being made but without a reference, so monies could not be allocated to SC account) - council's solicitors were sending court paperwork to rental property, and not correspondence, despite council providing correspondence address - CCJ issued - Council solicitors have taken the responsibility to remove CCJ at no cost to me - in their draft order to remove CCJ, the solicitors were giving false info in their statement of truth section. AND still continued to send paperwork to rental property, despite having correct correspondence address. There have been invaluable help on this forum, so any help with this would be greatly appreciated. BF I know you mentioned suing them for negligence - could this be something we look at whilst waiting for SAR's from bank and council? Many thanks in advance, Jay
  6. hi I have a court date with these regarding a supposed debt with vanquis card, it has gone through all the channels and ive defended the claim etc. I agreed to mediation but couldn't as I have been given no CCA or notice of the debt being passed to Lowell. so its gone to the small claims track and a date set in july that's if Lowell pay the court fees next month. I have requested a copy of CCA and any paperwork to do with the debt passing to Lowell, so far all I have received is a vague copy of an online credit card application with a covering letter stating that shortly after an account was opened . I don't think this is enough for them to win in court as without a copy of CCA it should not be enforceable, am I correct? please let me know if you can help and if you need any more information/ thanks
  7. I am trying to help a friend who lives overseas but whose father lived in the UK. His father died without leaving a Will and left an Estate worth £58,000. My friend has a Solicitor acting on his behalf in the UK but he was informed that his father was overpaid benefits from both the DWP and the local authority whilst he was alive even though he was living in a local authority run residential home. The total amount of the overpayment was £38,000. I am just wondering how is this possible when he was unable to make a claim for himself? My friend is only relying on the information received from his Solicitor but he would like to know how could he go about finding out the total amounts overpaid to both of these departments and whether indeed there was an overpayment. Any advise would be appreciated.
  8. Hi, apologies if this has been asked before. I have a debt with jd williams, i am not disputing the debt and am wanting to make arrangements to pay it off, problem is, for some reason they have 3 separate accounts for me ( i dont know why) and they have been sent to debt collectors. The debt was from 2009 so i understand it being sent to debt collectors, a guy from moorcroft has been to my home, hes really not pleasant and i refused to talk to him, i wrote to moorcroft and complained and asked for any further contact to be by letter, heard no more, now provident have written, offering a discount, i was confused by it so have emailed jd williams directly, and they are getting me details of the 3 accounts and i have made it clear i intend to pay and have explained how i ended up in this mess and they are being amicable, they have advised me that moorcroft is the agency they use and have nothing to do with provident, and to ask provident for further details?... am puzzled now?.... can i not just pay direct to jd williams or will this be refused? i dont like moorcroft and they are clearly ignoring me now, since my complaint... i really want to pay off my debt.
  9. Hello All, I'm not sure where to ask this question so move it if it's in the wrong place. I have a defaulted account with Capital One (last payment 1/10/10) it has now been bough by Cabot and the have re defaulted it from 1/11/15. Is the correct and ok to do? I know Cabot are diddley so want to be sure? Surely if it was already default, they can't re default it?? Thank you for your help
  10. some time has lapsed just a recap that i sent our letters from my parents address, however this didnt stop them from continuing to send letter to their address for me, even though i didnt live there. and also sent them letters from my current address to inform them that i didnt live there. my mum moved from the address in January but from around December i noticed i was getting unusal mail....from Lowell i came home on sunday after recovering from an operation, opened up my letters today to find a letter from Lowell Solicitors. Letter of Claim dated 17.02.16 We have not heard from you regarding the shop direct account and are instructed by our client, Lowell Portfolio 1 LTd to commence legal action and issue a claim against you in the County court bulk centre, in respect of this debt. you must contact us to make arrangements to pay within the next 14 days or a claim will be issued without further notice to you. if a claim is issued you will become liable for further court feed, solicitors cost and interest which are estimated below: current balance: 1457.89 estimated interest £116.63 estimated court fees £105.00 estimated solicitors cost £80 estimated total £1759.52 the letter does go on to say failure to respond will result in ccj entered against my name and they could take further action with warrant of control, attachment of earnings, and charging order there are a few things that bother, why didn't anybody in their office notice that i was contacting them from my current address, whilst they were still bombarding my parent? i even offered £250 as full and final payment for the debt. i find it odd that they have only been sending me mail since the start fo this year (i think) why have they reved things up their client has already said on a previous ppi claim that they didn't have the relevant contract so therefore see the claim as closed. if my mind serves me correctly im sure the debt if about 7 years old now. My current situation has changed as i was made redundant in November from my career, and currently on income support of £143 every 2 weeks...Yeah!!! logged on to Noodle and i see that Shop direct have made a log against my credit for an account which they deemed in their words - unable to locate a copy of the original signed credit agreement, we will not be pursuing the the above account for the outstanding balance. then there's another log with Lowell Account start date 03/12/2008 Opening balance £ 1,058 Date of default 18/01/2012 but i believe its older as this is probably when the debt was sold to them where do i go from here? i cant bare to go to court, i also cant have this ccj against me either. do i pay them? so far i have done the following: Posted to Lowell solicitors - County Courts Pre Action Conduct - Request for Further Information posted: CCA to Lowell financial Posted CCA & Sar to Shop direct financial
  11. Hi, Hope everyone had a good bank holiday. I (and three others!) missed crap signage and got a Contractual Breach Charge from Ethical Parking on my windscreen over the weekend. Just double checking that it is currently still best to do nothing until a notice to keeper arrives (between 28 and 56 days) before I take any action on one of these? Then if it (NTK) arrives on time post photos of it and signage on here for assistance? Just don't want to get it wrong! Thanks!
  12. Hi, Went to a wedding last year? I honestly cannot even remember how long ago it was. There was insufficient parking space at the venue and my vehicle was parked in an empty cash and carry car park just down the road. We did not see any signs/ information informing me this was private property/ charges etc. I have attached a google street-view image of the area in question - the signage is very small and I can confirm on the day - a vehicle was parked in front of the sign - big enough that myself and 4 other members of my family walked straight past it and did not notice it. The vehicle was parked approximately where the silver car is in the image. I received a parking charge notice on return to the vehicle and numerous parking charge notices via mail - I followed advise from a basic google search which advised to ignore. I now realise this was a mistake. Received the following letter through the post today. I have stupidly thrown away all previous correspondence and cannot even remember the date of the incident. Am I outside of the period in which to appeal? What action would you advise? Many thanks in advance
  13. Hi All submitted SAR for Vanquis CC debt on 19th July 2017. Have received a reply dated 2nd August 2017. It says receipt of my letter confirmed and apologies for delay in response. Letter then states 'A request has been sent to the original creditor for a copy of the agreement and statement of account. These will be forwarded upon receipt.' Further advises 'The above details relate to an account opened in September 2007. Last payment was made to the original creditor on 26th August 2011. Please see below for a list of transactions.' There then follows a list of shops names with transaction 1, transaction 2 etc typed next to them. No monetary amounts just shop names. Letter ends with statement 'We have suspended action on the account to allow for the original creditor to provide us with the requested information. If you wish to speak to a member of our staff please call etc etc.' Can anyone advise: 1. Will Vanquis provide the information? 2. What if anything should I do now? Any help greatly apprfeciated. cheers Steve
  14. I wonder if anyone can give me some advice please? Lowell Solicitors are chasing me for a debt to Orange (who I believe no longer exist) - I believe the original debt was about £300 maximum. They now claim that I owe them over £1,000. Is there any limit to the charges they can add? I am now in a position to repay a reasonable amount but surely this is just ridiculous? I have asked them to explain how this debt has grown to such a level but am not honestly expecting a sensible reply! This does have a CCJ against it. Can I go back to the court and dispute the matter at this stage? Many thanks.
  15. Hi all, I been ignoring few letters (stupidly I searched on googles about ignoring private car park parking charge and believed it ) for a parking charge issued on 03/05/17 at location West Gate Plaza West Bromwich, Moor Street, B70 7AD by Parking and Property Management LTD and recently I received Letter before Claim from Gladstones stating I own a debt of £160. First corresponding letter was from Parking and Property Management LTD dated on 07/06/17 and it was already a 'reminder notice letter', however i was not aware and the person who was driving the car at that time are not aware he was charged before this letter was received. The 'so call edvidences images' first picture was taken at 09:02pm and second picture was at 10:14pm, it also stated the they issued the ticket at 10:11pm. However the second picture show the car was turned on with lights on and the driver told me he had a kid in the car at that time and there were some accident, thats why he exceeded the 1 hour maxium time period. The signage for the car park is next to the shop signage above the car and one more signage is nextdoor shop also next to the shop signage on the right hand side. And it was at night time, it wasn't clear enough to read. 2nd letter was from Gladstones as Final reminder letter dated on 17/07/17, asking for £160, stating if I dont pay they are instructed to issue legal proceeding against me in the county court. And the lastest 3rd letter from Gladstones as Letter before Claim with a deadline of 14 days to respond of pay and the letter was dated on 31/07/17, but I was on holiday so I missed their dealine anyway. Stating they act on behalf the claimant and have now been instructed to commence legal action against me to recover the debts i own. But should I response to them now or no? As I feel it might end up bad if I keep ignoring them and I got confused with all those technical wording. I have not contact any of them or reply them so far. Kindly request helps! Thank you. P.S i can't seem to upload any images?
  16. Claimant -Lowells Date of Claim...02 Oct 2017 What is the claim for – 1 the defendant opend a jd Williams reg consumer credit acc under refxxx on 18/03/2008 (the agreement) 2 in breach of agreement the defendant faled to maintain the required payments and the agreement was terminated. 3 the agreement was later assigned to the claimant on 20/12/2012 and written notice given to the defendant. 4 despite repeated requests for payment the sum of £1530.00 remains due and outstanding, and the claimant claimes a.the said sum of £1530.00 b. interest pursuant to s69 count courts cost act 1984 at the rate of 8% per annum from the date of assignment to the date of issue accruing at a daily rate of £0.335 but limited to one year, being £122.40 c costs What is the value of the claim? £1837.40 Is the claim for - a Bank Account (Overdraft) or credit card or loan or a ctalogue or mobile phone account? catalogue When did you enter into the original agreement before or after 2007? after 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 but not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? no Why did you cease payments?was made redundant What was the date of your last payment?4 or 5 years ago Was there a dispute with the original creditor that remains unresolved? yes Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes What you need to do now. we dont have any paper work for this and not sure were to start,i will be responding to claim and sending the sar ect out
  17. This is an ongoing situation but now I’m I am confused. To start with I must say that I appreciate the meaning and intent of client confidentiality. A solicitor took a personal instruction from a brother (not the executor) I asked questions about our mother’s estate. They will not answer claiming client confidentiality. I asked the date and what authority he claimed when giving the instruction. They ignored my letter. I am now wondering if this is because he had no authority to deal with the estate. Any suggestions?
  18. Hi - I know this has been advised on loads of times, so i'll keep this brief as possible. I have read and read the threads and have formulated my defence, I just wondered if someone would cast their eye over it and make sure it reads okay. Background: Name of the Claimant - Lowell Portfolio Date of issue – 7 February 2018 AOS on MCOL entered on 7 February 2018 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Full POC 1.The Defendent entered into an agreement with BT Plc under account reference..... 2.The Defendant failed to maintain the required payments and the services were terminated. 3.The agreement was later assigned to the Claimant on 27.3.2017 and notice was given to the Defendant. Despite repeated requests for payment the sum of £349.54 remains due and outstanding. Claimant Claims: The said sum of 349.54 Interest pursuant to S69 County Court Act 1984 at the rate of 8% per annum from the date of assignment etc etc Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not sure What is the value of the claim? Total £458.75 Inc fees and costs (373.75 claimed) Is the claim for - BT Broadband Account When did you enter into the original agreement before or after 2007? After 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. Assigned to Lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? January 2014 account was closed (or I thought it was) What was the date of your last payment? 18 January 2014 for £301.88 which I thought settled the account. 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 planicon? No I requested details the day I received the claim form from Lowell under (mistakingly the CPR rules for Credit Agreements, I got back an email stating that they were not required to retain and provide me with a copy of the agreement, also default notices does not apply and are therefore not issued etc. I honestly cannot remember what happened with this account. I left my home with my children as my husband was in a black hole of addiction at the time, and I left without most of the paperwork. He has subsequently passed away so I can't ask him either. So this is my proposed defence The Defendant contends that the particulars of claim are vague and generic in nature. Paragraph 1 is accepted. I have, in the past, entered into a contract with BT PLC, which was in dispute and never resolved to my satisfaction. I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim in my letter to them of 7 February. The claimant responded on the 13 February, but refused to provide me with a copy of the agreement, stating he is not obligated to do so by virtue of the consumer credit Act 1974. To date, no statement of the alleged account has been received. Paragraph 2 is noted, again I do not recall any breach and I have never received the stated Default Notice. The Claimant has stated, by letter, that he is not obligated to provide a copy of the Default Notice, again by virtue of the Consumer Credit Act 1974. The account was in dispute and never resolved by BT. Paragraph 3 is denied. The claimant never served a Notice of Assignment pursuant to the LoP Act 1925. However they did subsequently send me a copy on the 13 February 2018. Therefore the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show and evidence the nature of breach and termination. (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. As the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim, due to contraventions of Section 136 of the Law of Property Act. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed, or any relief. Any comments or help greatly received
  19. Hi i have a debt with lowell, a couple of months ago i asked regarding a full and final payment ,i had a response and was a massively reduced portion of the date, then my marriage broke down, needless to say its been a difficult time. I have moved house etc,but regardless a letter arrived at my old house from Bryan Carter solicitors and a letter from the northampton court house. The debt totals near on 900, 830 and their fees..when last year lowell reduced the debt to 450 at request and offered 250 on full and final payment. Is it just me or is this tactic a bit underhanded. .even from lowells agreed 450 that is a steep increase, just curious as how to proceed, obviously id rather not a ccj!
  20. Hi all I got in a lot of debt trouble 5 years ago. I managed to negotiate full an final settlements with all but one - MBNA. I've moved 4 times since then and they never caught up with me. Out of the blue I received a letter from Restons Solicitors acting on behalf of Arrow Global, who apparently own the debt now. The amount is £7,984.39 I am about to send a SAR and a CCA to Arrow Global. What should I do otherwise? Also what sort of F&FS would they offer me now - part of me just wants to get this off my back but obviously if I can string it out or fight it I want to. Thanks Ben
  21. Hi, I received a parking ticket on my windscreen back on 4/8/2016 whilst parking in a resident only space where my daughter was living at the time. I had been issued with a visitor parking permit to display when ever I was there ,which I had done this had fallen from the dash into the foot well. I appealed against the ticket on the 8/8/16 and they said they ever received my appeal even though I have proof it sent (via email). After all this time and re-appealing they passed it on to DRP and now they have subsequently passed it to Gladstones Solicitors. Advice please as I've managed to find an email address for them and have emailed the appeal and its response to them but reading other threads they don't seem to acknowledge or take not of any defence. Awaiting a reply and thanks in advance.
  22. Hi I took out a door step loan in 10/2010 due to my younger sister having a stroke I defaulted in the same year I have not paid or recognised this debt since in 2014 it was assigned to lowell who marked it on my credit file as a new debt. Today I received a letter saying despite previous letters I have not made an agreement they are giving me 30 days notice before court have included a load of paperwork for me to fill out about financial situation other debts and am I seeking debt help or who I plan to pay. They say that because they took over the debt in 2014 the six year rule started when the took over the debt. The original debt no-one appears on my credit file as it went statute barred either the end of 2016 or early 2017. How do I fight this if it comes to court
  23. I need to contact Copes Solicitors. I tried contacting their address at The Courtyard, St Albans, but the letter was returned saying that they were no longer at the address. They used to work for Transcom. Does anybody know where they are now? thanks
  24. Hi, Looking for help and advice. Some years ago I took out a credit card in store with Sygma Banks UK. (guessing around 7 years ago) Having fallen on hard times due to chronic depression and anxiety attacks I was retired from work on ill health grounds about 5 years ago and came to an arrangement with Sygma to pay £5 pm. The Account was then sold to Moorcroft Group and then on to Lowells. I maintained the repayment until just over 3 years ago and have paid nothing since. The balance listed is £1235. Apart from the occasional letter asking me to get in touch and a heap of telephone calls which I haven't answered (number now blocked) I have heard nothing from them until recently and I have now received a letter of claim from Lowell Solicitors stating that unless I contact them or make arrangements to pay within the next 14 days, a claim will be made against me in the County Court Bulk Centre without further notice incurring extra fees such as interest and costs. My credit file is clear except for a closed account for Lowell which will be 6 years old in November this year. The original agreement wasn't signed at the point of sale as I remember them sending me another form though the post a few weeks later to sign. I can't remember any further details though. I'm pretty sure the original application was ticked to have PPI insurance although it wasn't taken up on the agreement form. I mention this due to my ongoing illness in case it might be relevant. The only paperwork I have now is the letters from Lowells. I don't have the money to pay it although in full. If it's at all possible I would like to protect my credit file. I was thinking of just setting up a standing order of £5pm which was the original payment plan and ignoring their letter. Is that likely to stop court action. If protecting my credit file is not possible then I'm thinking of ignoring them and taking the CCJ on the chin and waiting for 6 years until it expires. Any advice on how to proceed would be very welcome. Thank you in anticipation.
  25. Hi everyone, just received a " Letter of claim " letter from Kearns Solicicitors. They have given me 30 days to respond to a credit card debt I defaulted on last year. The amount is for £700, but due to ill health I have been unable to communicate with the DCA " Asset Link Capital ( bought from Newday LTD ) My question is this likely to to go to court as threatened ? I havn't been able to work for a year, and am in massive debt with no income. Just wondered if I should respond, but I have nothing to offer ? Thanks in advance for any advice, I do appreciate it really. Thank you.
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