Lowell V MarcToystory

[marctoystory]

Re: Lowell V MarcToystory

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

[nemesis45]

Re: Lowell V MarcToystory

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

[marctoystory]

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

[nemesis45]

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

Are you saying that the account would not have been defaulted if the charges were not levied?

nem

[marctoystory]

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

[nemesis45]

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

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

[marctoystory]

Re: Lowell V MarcToystory

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?

[nemesis45]

Re: Lowell V MarcToystory

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

[marctoystory]

Re: Lowell V MarcToystory

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

[nemesis45]

Re: Lowell V MarcToystory

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

[marctoystory]

Re: Lowell V MarcToystory

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

[nemesis45]

Re: Lowell V MarcToystory

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

[marctoystory]

Re: Lowell V MarcToystory

Evening,

Here are the statements

[marctoystory]

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?

[marctoystory]

Re: Lowell V MarcToystory

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