Lowell Claimform - old 118118 PDL Subject to IRL Complaint Still With FOS ***Claim Discontinued***

[eoghan]

Hi Folks,

 

Entered into some financial difficulties a while back and the debts are piling up, I have now got Lowell chasing 4 separate debts, so will create thread for each???

 

This one is 118118 a fixed term loan for an outstanding balance of £2485.92

 

I wrote and followed the procedure and requested the CCA and they have responded with the following, I'll type this as my scanner is broken:

 

Dear ********

Thank you for contacting us about this account.

We enclose a copy of your credit agreement with 118 118 money. This is a reconstituted agreement - which includes all prescribed terms as required by the Consumer Credit Act 1974.

We also enclose copy statements.

We have included a Frequently Asked Quesitons sheet which, hopefully, answers any queries you may have regarding these copy documents.

We trust that this now answers your query and look forward to hearing from you to discuss affordable repayment options.

If you do have any further questions, please call us on 03335565733 or email post@lowellgroup.co.uk.

You can also view information about your account(s) on our website at www.lowell.co.uk

Your sincerely

Sarah Sargent

UK Director of Customer Experience

 

 

 

Edited March 29, 2019 by eoghan
Uploaded copy of CCA

[eoghan]

Honestly can't remember, most likely, the loan was taken out in 2016.

[eoghan]

Clear Score Report:

Creation - 28 November 2016 - £200 still paying

Motonovo - 12 October 2015 - £6100 - still paying

Shop Direct - Now Lowell - 25 May 2016 - £424

Shop Direct - Now Lowell - 9 March 2004 - £727

Marbles - Now Cabot - 6 January 2015 - £207

HSCB CC - 14 November 2016 - £1786

Vanquis - 22 June 2011 - £2739

Barclaycard - 1 September 2015 - £4168

?? - Now Cabot - 9 November 2016 - £1340

118118 - Now Lowell - 11 September 2016 - £2485

 

[eoghan]

These have all defaulted and are at different stages of comms from the relevant companies:

 

Shop Direct - Now Lowell - 25 May 2016 - £424

Shop Direct - Now Lowell - 9 March 2004 - £727

Marbles - Now Cabot - 6 January 2015 - £207

HSCB CC - 14 November 2016 - £1786

Vanquis - 22 June 2011 - £2739

Barclaycard - 1 September 2015 - £4168

?? - Now Cabot - 9 November 2016 - £1340

118118 - Now Lowell - 11 September 2016 - £2485

[eoghan]

Hey folks, sending the following IRL Complaint unless advised otherwise.

 

Cheers.

 

Formal Complaint Regarding Irresponsible Lending

Loan Ref: 

I wish to log a formal complaint in relation to irresponsible lending. To begin with, you should formally be aware, the FCA took over regulation of the credit market from April 2014 and then imposed caps on all high-cost short-term credit (HCSTC) in 2015.

These rules were set up to stop irresponsible lending and they included;

1.    Affordability checks for every credit agreement to ensure that only customers that can afford a loan can get a loan
2.    Rollovers:
a.    Limiting Rollovers to two;
b.    Limiting the number of attempts a payday lender to use CPAs to pay off a loan, to two;
c.    Information on where to get free debt advice will be given to every borrower that rolls over a loan
3.    Treat customers in arrears more fairly
4.    Do not relend to customers who appear to have taken numerous loans in a short period
5.    Report information correctly to the CRAs & limit daily interest to below 0.8% per £100.00 borrowed
6.    Default charges limited to £15.00 or less / Can only be applied once per loan

But also, the FCA stated that lenders should implement their own policy and change how they lend to customers. Well I believe you failed because:

1.    Before you were lending to me as shown in the statements provided by your company
a.    You did not do appropriate checks , should you have used the appropriate due diligence, you would have seen that I was under a tremendous amount of financial pressure with other loans that would have made this loan unaffordable
b.    Should you have done the appropriate affordability checks at the time of the loan, you would have seen I would have had more than one loan on the go and therefore a large proportion of my outgoings servicing already existing accounts
c.    On my credit file, I cannot find any searches that had been completed by at said time of loan being offered. While the searches may have disappeared, I would have expected to see some evidence that your firm did a ‘hard’ search to check my financial commitments
d.    I was using these other loans to pay off other loans to ‘companies’ and this ended up creating a spiral of debt

I am bringing this to your attention because I believe that you as a lender did not treat me with Due Respect or use Due Diligence and have allowed me to get into this position. I would also expect a company to check bank statements as part of their underwriting criteria, again you as a lender failed to request or examine any of my statements at the time the loan was offered.

I am also aware that lenders may not have used Credit Reference Agencies before regulations came in. However, although CallCredit was the main agency that firms did use if they did, I would still expect to see some form of credit check completed.

I await your response on how this complaint can be resolved by your company.
 

[eoghan]

I can now confirm that all DCAs have been sent the CCA.

[eoghan]

Good stuff. Cheers.

[eoghan]

Question guys -

 

If the alleged loan was applied for online and a "digital signature" was used to complete the application, what then constitutes an original CCA as it won't be like a paper based one that has a 'wet' signature. 

 

As Lowell appear to have a copy of the online application what would they be expected to bring to court and would the document they have be enough for them to win? Or am I missing something in my knowledge on this?

 

Thanks.

[eoghan]

ok, I did get the IRL complaint in process and no response from 118 yet.

 

 

[eoghan]

No I haven't, I'll get on that.

 

Is there a templated letter? ANything specific for example I should be saying beyond the IRL and it's been over 8 weeks?

 

Cheers.

[eoghan]

Update:

Still haven't heard from 118118 and now Lowell have apparently handed over the collection of this to a company called Lucas Credit Services.

 

Their letter states:

 

Dear *******

 

Our client Lowell has asked us to deal with 2 accounts that have been outstanding for some time. The total overdue amount due is £2910.67 and our client has instructed us to contact you regarding these debts. Their notice to you regarding this is enclosed. Details of the accounts which make up the total balance outstanding can be found on the back of the letter from Lowell.

 

Please make payment to us to bring this matter to a conclusion. Alternatively, if you are unable to make payment of the full amount outstanding, please contact us to discuss an affordable repayment arrangement to suit your personal circumstances. if there is a reason you're unable to do this, please tell us now.

 

If we do not hear from you to discuss this matter or receive your payment within the next 10 days we are instructed by our clients to refer this matter to their solicitors, Lowell Solicitors Ltd to commence legal action.

 

If you have a valid reason for withholding payment, please contact us with full details in order that we can work with you to resolve any issues. The Court will expect the parties to have attempted to resolve any dispute prior to the issue of proceedings.

 

In order to avoid legal action please contact us without delay on **** or pay £2910.67 by 01 SEPTEMBER 2019.

 

You can pay online ****

 

Sincerely 

Signed as "Lucas Credit Services"

 

Letter from Lowell enclosed with the Lucas letter:

 

Dear ******

 

We note that 2 accounts which you have with Lowell have not been paid. The accounts that are due are listed overleaf.

 

As you have failed to make arrangements to repay your accounts, they have now been sent to Lucas Credit Services, who are one of our approved Debt Collection Agencies.

 

They will contact you regarding payment of the total balance of £2910.67 and all contact should be referred to them with immediate effect.

 

You must call them on ******

 

Address info here for Lucas

 

If you have any questions on this letter, please call Lucas Credit Services.

 

Yours Sincerely

 

CW

UK Chief Operating Officer

 

___________

 

Have they sold the debt to Lucas?????

 

I sent an IRC to 118118 on the 16 April and they haven't responded to that, so I have uploaded a copy of that letter to the FOS and made that complaint. The other account from the Lowell document is the ShopDirect account on another thread. I have now written an IRC and will post that today. 

 

So what do you think my response to Lucas should be?

 

Quick email stating that there is an IRC complaint with 118118 and that is now with the FOS?

 

Thanks guys.

 

 

 

[eoghan]

So should I send the reply to Lucas anyway outlining the current FOS complaint?

[eoghan]

Hi Folks,

 

118 have finally come back with a response to the Irresponsible Lending Complaint.

 

Here's the transcript:

 

Thank you for taking the time to contact us. I have now investigated your complaint fully and would like to apologise for the inconvenience this may have caused you.

 

I understand that you are unhappy that we approved your loan application; you feel that we were irresponsible in doing so.

 

I can confirm that when you applied for the loan via our website, you were taken through extensive questions to ascertain your circumstances. When submitting the application you are asked a number of different questions around your income and expenditure, the reason for the loan and employment details.

 

Once an application is submitted it is reviewed not only by our system and assessed against our scorecard but also, where required, manually reviewed by our Underwriting team. We use industry standard verification checks to validate the information provided by you on the application.

 

In addition to the above, during the application process all of the loan details such as loan amount, interest charge, monthly repayment, APR and loan terms amongst other things were explained to you. During the application process you were also asked to confirm if you felt the loan was affordable and whether you were aware of any future changes to your circumstances which could affect your ability to afford the loan.  In addition, you are also asked whether you are within or considering entering into a Debt Management plan, IVA or Bankruptcy – if you had told us that you do not feel the loan repayments are affordable, there may changes to your circumstances which could impact your ability to afford the loan or you confirm that you are within or considering entering into any of the above, we will not proceed with the application.  

 

All of the above steps are taken to try to ensure, in line with the FCA rules in CONC, that potential applicants are creditworthy and can afford the loan they have applied for / have been offered by us.  

 

With the above point in mind regarding you being asked if you think the loan is affordable, I am concerned that you now state that you did not think this was the case.  I would like to draw your attention to the declaration that you signed as part of their loan agreement which states:

 

“You declare that at the time of Your application:

 

All the information about You and all other information is true and complete and that You realise that We rely on this information in agreeing to make a loan available to You.”

 

In addition, as part of the application form you completed to apply for the loan with us, there is a statement just above the button you clicked on to submit the application which states “If false or inaccurate information is provided and fraud is identified, details will be passed to fraud prevention agencies…” Similar wording is contained within the loan terms and conditions.

 

118 118 Money is built on offering a fair and transparent service, and as with any reputable lender, we make sure applicants know exactly how much they will pay, when and over how many months. We work with people with a less than perfect credit history because we understand there are times when they may need a helping hand. What’s more, we don’t expect applicants to rush into accepting the loan we offer – we guarantee to hold the offer for 5 days to allow the applicant time to shop around and consider any offer of a loan from us. Put simply, we cater for individuals in various financial situations: we try to help provided we are satisfied that the individual can afford the loan.

 

With the above in mind I am satisfied that we acted correctly in approving your loan application and as such I will not be upholding your complaint. 

 

If you feel that you are struggling to maintain your financial commitments, there are free, third party organisations that can offer additional support/guidance.

 

So what do you think? What happens next?

[eoghan]

Sent today.

[eoghan]

Had a County Court Claim arrive today.

 

 

Scan 21 Nov 2020_Redacted.pdf

[eoghan]

They sent a letter some time ago during lockdown 1 stating that if no action on my part then they'd issue a claim. I tore it up. I'll follow the link above thank you.

 

Claimant - LOWELL PORTFOLIO I LT

 

Date of issue – 19 NOV 2020

 

Date  to acknowledge) = 07/12 

 

date to submit defence = 21/12 (33 days in total) -

 

Particulars of Claim

 

What is the claim for – 

 

1)The Claim comprises the following Agreement the Defendant entered into: a. Madison CF UK Ltd with reference xxxxx and current balance of £2485.92 

 

2. The Agreement was terminated as payments were not maintained and subsequently assigned to the Claimant.

 

And the Claimant claims:

a) The said sum of £2485.92

b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, but limited to one year, being £198.87

c) Costs

 

What is the total value of the claim? 2869.79

 

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? No
 

Did you inform the claimant of your change of address? NA

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan
 

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 ? Online 
 

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. Account has been assigned
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No I do not recall ever receiving a NoA
 

Did you receive a Default Notice from the original creditor? Yes
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes
 

Why did you cease payments? Fell into financial hardship
 

What was the date of your last payment? 2017
 

Was there a dispute with the original creditor that remains unresolved? IRL was raised and they 118118 said no issue on their part. In the main thread.
 

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

[eoghan]

Ok thanks.

 

1. I'll do the MCOL tomorrow

2. CCA request was done at the beginning of the process and is in the thread above, do I need to do another?

3. CPR posted tomorrow

 

[eoghan]

No update to record. Still no response form the solicitors or claimant.

 

Anyone able to assist in terms of putting the defense together?

 

Thanks.

[eoghan]

Defence filed by the way. I was late filing as I was away and didn't have internet access. But the moneyclaim site let me submit it anyway. I'll keep you posted.

[eoghan]

Claimants POC:

1)The Claim comprises the following Agreement the Defendant entered into: a. Madison CF UK Ltd with reference XXXXXXX and current balance of £2485.92

2)The Agreement was terminated as payments were not maintained and
subsequently assigned to the Claimant.

And the Claimant claims:

a) The said sum of £2485.92
b) Interest pursuant to s69 County Courts Act 1984 at the rate of
8% per annum from the date of assignment to the date of issue, but
limited to one year, being £198.87
c) Costs

 

DEFENCE
The Defendant contends that the particulars of the 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.

There is no contract between the CLAIMANT and the Defendant(s) and the Claimant has failed to provide proof in any correspondence with the Defendant(s) despite the request to do so.

Allegedly the CLAIMANT were assigned to the CLAIMANT but were unable to provide proof of allocation and the matter was closed as far as I was concerned.

 

The CLAIMANT was asked to provide proof of allocation and to date have failed to provide said proof and to return the Security Instrument upon which this alleged debt was formed on payment of the alleged debt.

I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount and as such I request full disclosure of the amount the Claimant alleges to have
paid for this alleged debt.

The agreement/contract, including the specific Terms at the point the alleged Agreement was made and any subsequent changes need to be furnished by the Claimant to validate any alleged indebtedness
on the part of the Defendant.

 

Respectfully, you will appreciate that in an ordinary case and by reason of the provisions of CPR PD
16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and
the originals should be available at the hearing.

 

Further, that any general conditions incorporated in the contract should also be attached:

a. The deed of assignment
b. The notice of assignment
c. The default warning letter
d. The default notice

The Claimant has not complied with paragraph 3 of the PAPDC(pre action protocol). Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

Paragraph 1 is noted. I have no recollection of any financial dealings with the CLAIMANT or MADISON CF LTD. However, I am still unaware of what alleged debt with the Claimant refers to having failed to adequately particularise its claim and have had no banking business whatsoever with The Claimant.

 

I do not recall receiving any Notice of Assignment from either assignor or assignee pursuant to the Law of Property Act 1925.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has declined to provide any evidence of assignment/balance/breach requested by CPR 31.14,

the Claimant is put to strict proof to:
a. show how the Defendant has entered into an agreement; and
b. show how the Defendant has reached the amount claimed for; and
c. show and evidence the breach and that a Default Notice was issued pursuant to Sec 87.1 CCA1974;
d. show how the Claimant has the legal right, either under statute or equity to issue a claim;

is able to furnish the defendant with the original (not a copy) Security Instrument on settlement of the alleged debt: is able to provide a certified true copy of the Deed of Assignment and Original at any hearing

A true and certified copy of the consumer credit agreement / contract subject to section 77 of the Consumer Credit Act 74 and also comprising The Consumer Credit (Prescribed Period for Giving
Information) Regulations 1983 [SI 1983/1569].

On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants particulars to establish what the claim is for.

 

To date they have declined to comply to my section 78 request and remain in default and with regards to my CPR 31.14 request. Therefore, the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and failure to comply with pre-action protocol should be considered when the question of costs arise and whether or not this claim should proceed at all. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

On the alternative, 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 and Section 82A of the Consumer Credit Act 1974.

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief thereof.

The Defendant also contests Jurisdiction and respectfully request that if any hearing is to proceed that the case is moved to the XXXXX County Court.

If the court feels that the Claimant has no claim due to their inability to provide the evidence requested the Defendant respectfully asks the court to issue Stay Of Proceedings.

This defence is hereby certified as true to the best of my knowledge.

[eoghan]

Looks like I missed the deadline even though money claim let me submit the defence after the cutoff date. Now what?

Scan 31 Dec 2020_Redacted.pdf

[eoghan]

So I just wait until the enter the CCJ against me? It states if I don't pay in 7 days they'll proceed with the application for the CCJ.

[eoghan]

Had a response from Lowell back on the 30th Nov, envelope fell behind the counter.

Scan 01 Jan 2021_Redacted.pdf

[eoghan]

Your acknowledgment of service was received on 30/11/2020 at 08:06:09

Your defence was submitted on 24/12/2020 at 12:32:04

Your defence was received on 29/12/2020 at 01:28:46

[eoghan]

Good stuff. Cheers.