Lowell V MarcToystory

[nemesis45]

Re: Lowell V MarcToystory

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

[marctoystory]

Re: Lowell V MarcToystory

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

[nemesis45]

Re: Lowell V MarcToystory

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

[marctoystory]

Re: Lowell V MarcToystory

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

[nemesis45]

Re: Lowell V MarcToystory

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

I've made some notes as promised and will collate and post asap.

nem

[marctoystory]

Re: Lowell V MarcToystory

I've made some notes as promised and will collate and post asap.

nem

Bless you thank you for your time

[marctoystory]

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

[nemesis45]

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

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

[marctoystory]

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

[nemesis45]

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

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

[marctoystory]

Re: Lowell V MarcToystory

Great thanks

[marctoystory]

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

[nemesis45]

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 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

[marctoystory]

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

[nemesis45]

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

Well done Marc, good luck!!

nem