Page 3 of 5 FirstFirst 12345 LastLast
Results 51 to 75 of 104

Thread: Lowell V MarcToystory

  • Share
  • Thread Tools
  • Display
  1. #51
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  2. #52
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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?

  3. #53
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  4. #54
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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

  5. #55
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  6. #56
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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

  7. #57
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  8. #58
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Evening,

    Here are the statements
    Attached Images Attached Images

  9. #59
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default 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 Images Attached Images

  10. #60
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Quote 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

  11. #61
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    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
    The fact of the matter seems to be total mismanagement of the account allowing DD request then reversing them creating an account that become wholly based on charges.
    It's difficult to see why the last O2 payment went through another banking " mistake"?

    I'll take a look through every thing a later and try to put all the points into one post.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  12. #62
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by nemesis45 View Post
    The fact of the matter seems to be total mismanagement of the account allowing DD request then reversing them creating an account that become wholly based on charges.
    It's difficult to see why the last O2 payment went through another banking " mistake"?

    I'll take a look through every thing a later and try to put all the points into one post.

    nem
    Thank you so much. I can't tell you how much I appreciate it. It was a terrible time. I'd lost my marriage my home and my job and it's so much in bank charges for something I never even used

  13. #63
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Thank you so much. I can't tell you how much I appreciate it. It was a terrible time. I'd lost my marriage my home and my job and it's so much in bank charges for something I never even used
    No problem Marc you'll get help and support here when ever you need it!!

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  14. #64
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Morning all. Any suggestions on where to go from here?

  15. #65
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Morning all. Any suggestions on where to go from here?
    I've made some notes as promised and will collate and post asap.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  16. #66
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by nemesis45 View Post
    I've made some notes as promised and will collate and post asap.

    nem
    Bless you thank you for your time

  17. #67
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Morning all.
    Hope you are all well.

    Just a quick little bump on this post.
    Is there anything I should be doing now?
    I have these statements the value is entirely bank charges on an unauthorised overdraft.
    What's the time frame usually for hearing back from the courts?

    Any help would be much appreciated.

    I know nem you are looking at this for me and I am very grateful just wondering if I need to be doing anything.

    Thanks all

  18. #68
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Morning all.
    Hope you are all well.

    Just a quick little bump on this post.
    Is there anything I should be doing now?
    I have these statements the value is entirely bank charges on an unauthorised overdraft.
    What's the time frame usually for hearing back from the courts?

    Any help would be much appreciated.

    I know nem you are looking at this for me and I am very grateful just wondering if I need to be doing anything.

    Thanks all
    Hello Marc,

    Sorry for the delay in replying it's been hectic at home.

    As mentioned before the Information Commissioners Office Technical Guidance on Defaults, says that "If a default sum is made up entirely of Charges without which (charges) the account would not have defaulted No Default Should Be Placed.

    I would be inclined to point this out to Lowell in writing to Andrew Bartle Chief Operating Officer of the Lowell Group and a director of Lowell Solicitors Ltd.

    You have the statements to prove the above send copies with a letter.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  19. #69
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Thanks nem. Hope all is well.

    How would I draft this? Would I mention the questionable 02 payment too..

    Your help and time is very much appreciated

  20. #70
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Thanks nem. Hope all is well.

    How would I draft this? Would I mention the questionable 02 payment too..

    Your help and time is very much appreciated
    Yes Marc anything that supports your stance should be included.

    I have to be out for a few hours but if you make a draft letter I will go through it with you later.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  21. #71
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Great thanks

  22. #72
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Hi,

    here goes

    I am writing in reference to REF Number xxxx
    Balance XXX
    This claim is currently being defended as stated in my previous letters

    The POC's state

    1 The defendant entered into a consumer credit act 1974 regulated agreement with Lloyds under a/c ref xxxx (the agreement) - I have requested this agreement as stated and as yet i have not received.
    2 The defendant failed to maintain the required the payments and a default notice was served - I have also requested the default notice and not received
    3 The agreement was assigned to the claimant on 24/06/2013 and notice was given. - Again requested and not received

    What i have received (enclosed) is statements from a Lloyds dating back to 2010 which is made up solely of charges. There is no spends on this statement, I would like to point you to the information commissioners office technical guidance on defaults where it states a default should not be filed if the amount outstanding is made up solely of fees or charges. You can quite clearly see that the balance on this statement is in its entirety charges.
    Upon inspection of these documents i would like to point you to the payment that left the account on 17/01/2011 and has not been credited back to the account. This Direct Debit would not have been paid and that is very clear however the fact that the credit is not recorded on the statement significantly increases the balance.

    Within the documents received 20/08/2016 it states that a default notice is included in the pack. I do not have this all that is in there is a screen shot of your internal system where the balance says 0.00


    This is what i have so far.

    hoe does it sound ? do i need to add anything ?

    thanks

  23. #73
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Hi,

    here goes

    I am writing in reference to REF Number xxxx
    Balance XXX
    This claim is currently being defended as stated in my previous letters

    The POC's state

    1 The defendant entered into a consumer credit act 1974 regulated agreement with Lloyds under a/c ref xxxx (the agreement) - I have requested this agreement as stated and as yet i have not received.

    2 The defendant failed to maintain the required the payments and a default notice was served - I have also requested the default notice and not received any reply.

    3 The agreement was assigned to the claimant on 24/06/2013 and notice was given. - Again requested and not received

    What i have received (enclosed) is statements from a Lloyds dating back to 2010 which is made up solely of charges. There is no spends on this statement, I would like to point you to the information commissioners office technical guidance on defaults where it states a default should not be filed if the amount outstanding is made up solely of fees or charges. You can quite clearly see that the balance on this statement is in its entirety charges.

    Upon inspection of these documents i would like to point you to the payment that left the account on 17/01/2011 and has not been credited back to the account. This Direct Debit would not have been paid and that is very clear however the fact that the credit is not recorded on the statement significantly increases the balance.

    Within the documents received 20/08/2016 it states that a default notice is included in the pack. I do not have this all that is in there is a screen shot of your internal system where the balance says 0.00

    I suggest that Lowell now withdraws the claim in the interest of saving costs and court time as Lowell has not purchased a debt only unpaid unfairly levied charges.

    If Lowell wishes to continue with this claim it will be robustly defended upon the facts listed above.
    This letter is not an admission of any liability to Lowell.



    This is what i have so far.

    hoe does it sound ? do i need to add anything ?

    thanks
    See amendments above,

    Have a look at the ICO document it's available online.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  24. #74
    marctoystory's Avatar

    Member



    Joined
    Jul 2016
    Posts
    54
    Mentions
    1 Post(s)

    Default Re: Lowell V MarcToystory

    Thanks Nem.

    i have had a look at the document and i can the line that references the above

    i will get this in the post tomorrow to both Lowells and the Solicitors

    Thank you

  25. #75
    nemesis45's Avatar

    VIP Member



    Joined
    Nov 2014
    Posts
    14,507
    Mentions
    1624 Post(s)

    Default Re: Lowell V MarcToystory

    Quote Originally Posted by marctoystory View Post
    Thanks Nem.

    i have had a look at the document and i can the line that references the above

    i will get this in the post tomorrow to both Lowells and the Solicitors

    Thank you
    Well done Marc, good luck!!

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





Page 3 of 5 FirstFirst 12345 LastLast

Similar Threads

  1. County Court Claim/ Lowell/ Lowell Solicitors Ltd.. Advice Please?
    By Ian2016 in forum Received a Court Claim?
    Replies: 6
    : 27th July 2016, 16:06:PM
  2. Replies: 7
    : 12th June 2016, 07:15:AM
  3. Replies: 1
    : 13th April 2016, 14:00:PM
  4. Tobydog's Lowell/Co-op question - Account bought, lowell chasing with no details
    By tobydog1 in forum Lowell Group - Financial Debt Purchase Specialists
    Replies: 41
    : 9th November 2013, 16:21:PM
  5. Lowell/Co-op question - Account bought, lowell chasing with no details
    By lexis200 in forum Lowell Group - Financial Debt Purchase Specialists
    Replies: 18
    : 24th August 2013, 08:54:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP