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Lowell V MarcToystory

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  • #46
    Re: Lowell V MarcToystory

    Where do I stand now. Any help would be much appreciated. It's such a mess.

    Comment


    • #47
      Re: Lowell V MarcToystory

      Originally posted by marctoystory View Post
      Well the post arrived today along with a letter from Lowells solicitors. It's a copy of the bank statement this debt is bank charges for returned dd.
      They say they will not be a credit agreement as the debt relates to a current account although the POC states regulated agreement.
      It also says they informed me of this on the 3rd June..they did not.
      It says they have enclosed the default notice but I can't see it..and they will not send the deed of assignment.
      And they will not respond to any further letters re these documents. And the matter is now progress through small claims track. The charges are accumulated to 900+ from oct to Jan!
      What do I do now
      What are they saying? That they advised you that the debt arose from a bank current account?

      Is the debt made up solely of charges nothing else?

      As Mike says you will not get the deed of assignment.

      nem

      nem

      Comment


      • #48
        Re: Lowell V MarcToystory

        Letter says

        As previously stated in our letter dated 3rd June ( which I don't have) due to this debt relating to a current account a copy of the credit agreement will not be available.
        We have enclosed the statement and default notice.( I don't see a default notice)
        Please note our client is not obliged to provide you with the deed of assignment (I never asked for)
        We will not be responding to any other letters regarding these documents.
        As you have filed a defence this matter will progress through the small claims track and you should respond to the courts.

        This balance is made up of bank charges on returned dd and fees on an unauthorised overdraft.

        In Jan 2011 o2 tried to collect 254 pound when the account was already 524 od...this took the balance to 778.78 but this payment never came back into the bank and so the balance stayed as if they had paid it. All other dd from oct to close of accounts went out and came back in

        Comment


        • #49
          Re: Lowell V MarcToystory

          Originally posted by marctoystory View Post
          Letter says

          As previously stated in our letter dated 3rd June ( which I don't have) due to this debt relating to a current account a copy of the credit agreement will not be available.
          We have enclosed the statement and default notice.( I don't see a default notice)
          Please note our client is not obliged to provide you with the deed of assignment (I never asked for)
          We will not be responding to any other letters regarding these documents.
          As you have filed a defence this matter will progress through the small claims track and you should respond to the courts.

          This balance is made up of bank charges on returned dd and fees on an unauthorised overdraft.

          In Jan 2011 o2 tried to collect 254 pound when the account was already 524 od...this took the balance to 778.78 but this payment never came back into the bank and so the balance stayed as if they had paid it. All other dd from oct to close of accounts went out and came back in
          Are you saying that the account would not have been defaulted if the charges were not levied?

          nem

          Comment


          • #50
            Re: Lowell V MarcToystory

            Sorry I don't know what that means? The account balance was at zero when my wife removed her name from there everything unpaid dd and charges unplanned od fees returned dd fees . They also never removed the silver account like they were supposed to when me and my wife went into the bank to remove her name as they knew I wasn't working

            Comment


            • #51
              Re: Lowell V MarcToystory

              Originally posted by marctoystory View Post
              Sorry I don't know what that means? The account balance was at zero when my wife removed her name from there everything unpaid dd and charges unplanned od fees returned dd fees . They also never removed the silver account like they were supposed to when me and my wife went into the bank to remove her name as they knew I wasn't working
              OK the Information Commissioners Office responsible for the regulation of Data Protection and credit referencing in regard to defaults in it Technical Guidance on Defaults ( 2012 I think) States the following;

              " IF a default sum is made up entirely of charges without which [ charges] the account would not have been defaulted No Default Should Be Placed" , this is the reason for my questions.

              nem

              Comment


              • #52
                Re: Lowell V MarcToystory

                Originally posted by nemesis45 View Post
                OK the Information Commissioners Office responsible for the regulation of Data Protection and credit referencing in regard to defaults in it Technical Guidance on Defaults ( 2012 I think) States the following;

                " IF a default sum is made up entirely of charges without which [ charges] the account would not have been defaulted No Default Should Be Placed" , this is the reason for my questions.

                nem
                Would that apply here? It is all charges unpaid dd and that blinking packaged charge?

                Comment


                • #53
                  Re: Lowell V MarcToystory

                  Originally posted by marctoystory View Post
                  Would that apply here? It is all charges unpaid dd and that blinking packaged charge?
                  I don't believe the account should have been defaulted in the first instance, but the banks ( all the barstwards) lump all and any accounts into a portfolio of delinquent debt and sell for a few pence in the pound.
                  We can try putting this to Lowell's COO I'll help with a draft if you need it.

                  nem

                  Comment


                  • #54
                    Re: Lowell V MarcToystory

                    Originally posted by nemesis45 View Post
                    I don't believe the account should have been defaulted in the first instance, but the banks ( all the barstwards) lump all and any accounts into a portfolio of delinquent debt and sell for a few pence in the pound.
                    We can try putting this to Lowell's COO I'll help with a draft if you need it.

                    nem
                    That's would be amazing if you could help. It's such a horrible feeling all this business, but with help like this it makes it a little better

                    Comment


                    • #55
                      Re: Lowell V MarcToystory

                      Originally posted by marctoystory View Post
                      That's would be amazing if you could help. It's such a horrible feeling all this business, but with help like this it makes it a little better
                      Ok do you have statements enough to show that the default sum all charges? If so please post copies after removing all " personal" details.

                      There is always help for you here.

                      nem

                      Comment


                      • #56
                        Re: Lowell V MarcToystory

                        Originally posted by nemesis45 View Post
                        Ok do you have statements enough to show that the default sum all charges? If so please post copies after removing all " personal" details.

                        There is always help for you here.

                        nem
                        I have what they have sent me I will upload as soon as I get home. The statement show the balance going from nil to the balance at the end made completely of charges

                        Comment


                        • #57
                          Re: Lowell V MarcToystory

                          Originally posted by marctoystory View Post
                          I have what they have sent me I will upload as soon as I get home. The statement show the balance going from nil to the balance at the end made completely of charges
                          That's what we need!!

                          nem

                          Comment


                          • #58
                            Re: Lowell V MarcToystory

                            Evening,

                            Here are the statements
                            Attached Files

                            Comment


                            • #59
                              Re: Lowell V MarcToystory

                              This is the remaining parts of the statement plus the other thing that they sent me, can anyone see the the default notice, that they say is enclosed?
                              Attached Files

                              Comment


                              • #60
                                Re: Lowell V MarcToystory

                                Originally posted by nemesis45 View Post
                                That's what we need!!

                                nem
                                Morning. I have now uploaded everything they have sent me. What's my next steps. Please can you help out on the 02 payment that went out and is not showing as coming back in as this impacts the amount owed massively

                                Comment

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