Urgent Advice Please BW Legal - Lowell & County Court Claim

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you I would appreciate an expert eye over the statement. I too am confused as to the frequency and amounts of interest charged over this 12 month period - seems excessive - this is the period just before I suffered what most people refer to as a "mental breakdown". I suffered multiple bereavement, breakdown of marriage, loss of my home and finally my job in this 12 month period so I cannot recall if I ever contacted the bank about my situation.

[Berniethebolt]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Ditzee
Did you at any time tell them that you were in financial difficulty. I know it looks pretty obvious but banks are thick. the reason I ask is that the fees and interest charged make up more than the total amount being claimed.
I can not tell you if that gives you any hope as that i do not know , just an observation . When i am at home again which will not be until Tuesday as i am visiting a friend I will look in my halifax file and see if I have anything similar but off hand i think I have

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Nem

I am struggling to re-collect how bank statements looked now - but I cannot understand how the Halifax letterhead is missing and it appears to be a condensed version of a 12 month statement - how does it appear to you now it has been posted on the forum Nem?

Could be an annual statement, but as you say I would expect such a document to have either a branch header or the HO header.
Could be a reconstruction I suppose.

It strikes me that there's blanks such as the statement number, which appears as Statement No. 0.
To me it just doesn't look genuine.
I'll take a closer look at it later, and ask a colleague with some considerable experience with Halifax.

nem

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Nem

I am struggling to re-collect how bank statements looked now - but I cannot understand how the Halifax letterhead is missing and it appears to be a condensed version of a 12 month statement - how does it appear to you now it has been posted on the forum Nem?

[Berniethebolt]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

The statement is certainly a standard Halifax statement however as for the contents that is up to Ditzee. I banked with halifax for several years in between 2000 and 2010

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hello Ditzee,

Clarification please:

Does the statement provided look anything like those you would have routinely received?

nem

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Morning FlamingParrot - so it would appear that I need to write to the data controller of HBOS at the Edinburgh address? Will draft a letter up soon and post

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Hi Berniethebolt - I will start reading up on PIP and gather further information on the subject - I have nothing to lose by gaining some knowledge from those individuals who have recently been through the process!

[Berniethebolt]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Make a considered and relevant comment on dangerous advice luckily it seems Ditzee is wise to your bad avdvice.
I have no need to " score" points about anything unlike you.

nem

Oh grow up
I have tried to give Ditzee some options, explained why the account is unlikely , nah impossible to be SB . Unlike you I do not give advice I explain options. I am not offended if Ditzee doesn't take notice of my opinions, did you know that IF they claim PIP and get it it will add over £100 a week to their income without any downside in other income based benefits-hence if it is feasible it is worth looking into. The fact they are in the support group suggests that the illness is quite severe.

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

....

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Nem - going to put together a SAR letter for Halifax - could you please confirm if I should be writing to the data controller at Trinity Road, Halifax - want to make sure it gets to the right person at right address and not get lost in the "system"?

The ICO has a registry of data controllers, on it HBOS plc (the bank) shows up with the address below: https://ico.org.uk/ESDWebPages/DoSearch?reg=513511

The Mound
Edinburgh
EH1 1YZ

The Trinity Road address shows up as belonging to the fund management division of HBOS: https://ico.org.uk/ESDWebPages/DoSearch?reg=256858

At this point in time I am not considering the BR option but am focussing on this particular debt.

BR is a big step and one where you need to look at everything before making a decision, so if you decided to consider it at some point, it would be best to start a fresh new thread. :typing:

If it's ok I will post the drafted letter before sending by recorded delivery to the Halifax. By the way my scanner is working but I am unable to edit the documents so unless I can e-mail the bank statement privately for someone to look at I will have to leave it :typing:

Yes of course. :thumb:

[Kati]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

By the way my scanner is working but I am unable to edit the documents so unless I can e-mail the bank statement privately for someone to look at I will have to leave it :typing:

You could email it to me and I'll redact it then post it up? (kati@legalbeagles.info) K xx

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi Nem - going to put together a SAR letter for Halifax - could you please confirm if I should be writing to the data controller at Trinity Road, Halifax - want to make sure it gets to the right person at right address and not get lost in the "system"? At this point in time I am not considering the BR option but am focussing on this particular debt. If it's ok I will post the drafted letter before sending by recorded delivery to the Halifax. By the way my scanner is working but I am unable to edit the documents so unless I can e-mail the bank statement privately for someone to look at I will have to leave it :typing:

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Ditzee
Clearly I am not talking about taking out huge sums of money as I know you don't have them, just what is needed to cover your immediate bills. When I was on ESA probably the most money I had in my account at any one time was £350 and that was when my housing benefit had gone in but before I paid it to the LL. If I had withdrawn that and told the O.R. it was for rent they would have been fine, they do not want you homeless. Occasionally they may impose a sanction but that is usually something like not discharging you from BR for maybe 2 years. Normally it is 6 months to a year.

Nem is just being Nem and trying to score points.

If you seriously want to look at BR you need to get some advice from people who have done it and I am sure there are some about, naturally as well I am not saying you must do it or even should, just don't discount it.

Yes P.I.P. is hard to get but there are some brilliant forums out there that can help and the fact you are in the support group suggest you have more long term needs. What I would do is have a look at the criteria and see what you would score yourself, if you feel you qualify then go for it. Do you have a support worker or supportive GP. The Gov want everyone to think that PIP is hard to get so they won't claimn it.

SB on current accounts is even more complicated than it is on other debts . before the 'clock' starts the bank have to make a formal demand and terminate your account. After that any payment or written acknowledgement will start it again. As an example I had an account and it took over 6 months before they closed the account and made a formal demand, I can go through all the paperwork and check exactly if you want. Sadly I do not think there is a hope in hell of it being SB although as I said there are other irregularities .

All I wish you is good luck

Make a considered and relevant comment on dangerous advice luckily it seems Ditzee is wise to your bad avdvice.
I have no need to " score" points about anything unlike you.

nem

[Berniethebolt]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Ditzee
Clearly I am not talking about taking out huge sums of money as I know you don't have them, just what is needed to cover your immediate bills. When I was on ESA probably the most money I had in my account at any one time was £350 and that was when my housing benefit had gone in but before I paid it to the LL. If I had withdrawn that and told the O.R. it was for rent they would have been fine, they do not want you homeless. Occasionally they may impose a sanction but that is usually something like not discharging you from BR for maybe 2 years. Normally it is 6 months to a year.

Nem is just being Nem and trying to score points.

If you seriously want to look at BR you need to get some advice from people who have done it and I am sure there are some about, naturally as well I am not saying you must do it or even should, just don't discount it.

Yes P.I.P. is hard to get but there are some brilliant forums out there that can help and the fact you are in the support group suggest you have more long term needs. What I would do is have a look at the criteria and see what you would score yourself, if you feel you qualify then go for it. Do you have a support worker or supportive GP. The Gov want everyone to think that PIP is hard to get so they won't claimn it.

SB on current accounts is even more complicated than it is on other debts . before the 'clock' starts the bank have to make a formal demand and terminate your account. After that any payment or written acknowledgement will start it again. As an example I had an account and it took over 6 months before they closed the account and made a formal demand, I can go through all the paperwork and check exactly if you want. Sadly I do not think there is a hope in hell of it being SB although as I said there are other irregularities .

All I wish you is good luck

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

HI Berniethebolt

If I was to take out what little funds I have in my bank account to put aside to pay for my bills surely the Official Receiver would be looking at all my financial papers including bank statements and I would be penalised for this as I was led to believe that look at the last 2 years worth of accounts? I have managed my monies to the best of my ability and have no arrears on any of my utility bills as I am scared to death of getting into debt again. I am in the Support group of ESA but understand trying to claim PIP these days is extremely difficult.

I did quote the POC word for word on the forum and does appear the wording was vague and or inaccurate and it was never made clear by the DCA or solicitors what the outstanding debt referred to and I do not re-collect ever receiving a notice of assignment. I am still confused as to the statute barred element - some advice states there is a small chance it could be but it is looking more and more likely that last payment in May 2009 and summons in June 2015 means they may have re-started the SB clock in the nick of time by a couple of months or so?

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By the way when it comes to providing paperwork for court will they need copies of 2 years of my bank statements at some point or do you simply provide them with a form outlining your income and outgoing bills?

I would no recommend taking anything said about BR here seriously, any attempt to mislead/lie to the Official Receiver and land one in deep trouble.

Just to reiterate what was said by FP and myself there is no harm in making a CCA request to see what Lowell comes up, it is when all said and done mentioned in the particulars of claim.

nem