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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Andy, Have you sent a CCA request to Lowell to get a copy of the agreement?
nem
Andy, Have you sent a CCA request to Lowell to get a copy of the agreement?
nem
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Sent letter last week - as suggested: that they perhaps consider a 'commercial' decision in relation to the account, also sent to the de TUTE lady ditto, emailed also LOWELL with the same on 19/01...
I've submitted a CCA befor and received only the statement of account that's earlier attached in the thread.
Hmmm...Comment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Ok no CCA produced so unenforceable until it is.
So what is on the Particulars of Claim (POC)?
Post up a redacted copy of the claim form or type it in after removing your name/address and the claim number.
nemComment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
PARTICS OF CLAIM:
The claimants claim is for the sum of 6315.32 being monies due from the defendant to the claimant under a personal loan agreement regulated by the consumer credit act 1974 between the defendeant & wlecome financial services ltd under account reference _______ and assigned to the claimant on 30/08/2012 notice of which has been given to the defendant . The defendant failed to maintain contractual payment under the terms of the agreement and a default notice has been served and not complied with. The claim also includes statutory interest pursuant to section 69 of the CC act 1984 at a rate of 8.00% per annum (a daily rate of 1.07 from the date of assignment of the agreement to 23/01/2015 being an amount of 938.39 .
The account statement I received off of them on 20/08/2013 reads - 29/08 2012 DEBT WRITTEN OFF credit £4866.93 BALANCE £0.00
The last payment made to the account was £50 in JAN 2010...
I've never disputed I have a debt with WELCOME. The dispute arose after was working away, missed a couple of payments, lots of weird charges were added PLUS a couple of payment made directly at the welcome office were never credited to the account. This is when I challenged them, 2009 ish... Of course, documentation from back then has well gone by the wayside.
I just desperately want to avoid court palaver having never been through it before. I understand I'm now, so to speak, bound by time, do I phone BW and suggest it's unenforceable.
Also just learnt that last weeks letter wasn't sent registered/recorded. Pfffff.......so I'm guessing they could deny that. Then again, it was all emailed the same day...
As per, I salute you...Comment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
The " statement" is interesting debt is written off. This is not proof that there is an agreement that complies with the CCA request.
All Welcome paper work I've seen over the years has been faulty in way or another so let's see what we can do.
Letters have been e-mailed and posted good! Allowing for snail allow 3 working days for delivery response possible by Saturday if lucky as sent 17/18 Jan (Sat/Sunday) received poss 19/20 Jan, finding someone who can understand the letter??
A bit early for a reminder But e-mail the letter again request confirmation.
nemComment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Done so, just emailed the letter and may well resend as well. Actually feel like phoning them and advising they acknowledge or at very least READ the correspondence.
So, do I need to respond via paper-work now or hang fire a while?Comment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Hold for a while see what come up.
nemComment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Noticing there seems to be a blanket of these accounts come to the fore, quite a tactic really.
Is it worth me making an offer of say £5 per month to avoid court etc? Saying that, I'd be disputing the amount anyway as that's NOT what the original was...
Apologies, boring myself now, just fretting a tad...Comment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
A small update...
I spoke to BW yesterday, anon, in the guise of gleaning some info. In short, I asked what would happen given I'd written to them and emailed them before CC papers were served. I also asked why they'd failed to respond. The answer was surprising...
Basically they suggested that it's pretty pointless emailing them on their email addresses as they very rarely answer them?!?! I pointed out that they'd remain documented as an attempted form of contact that they'd chose to ignore and surely that wouldn't go in their favour. I also asked was it policy NOT to respond to letters. She said'if they feel like they will'. As weird as this was getting I then asked - knowing it was pointless mind - was there a different email or postal address via which I could contact Sara de Tute. They said they didn't know who Sara de Tute was. I explained her role.
They then offered me some info, at last, and they gave me the email addresses and address that I'd previously written to and emailed. The ones they'd suggested they rarely respond from. I pointed this out to them. That's when they started getting riled I feel...
During the course of the convo I also mentioned the pursuit of someone on now on benefit with a health condition. It was then suggested that BW require proof of this by way of letters from Doctors & Consultants etc as simple benefit confirmation doesn't suffice (???)
Finally I asked about the pursuit of a debt on which the balance of their own provided account statement reads £0.
Then they put the phone down.Comment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
I can confirm all of what you say, having more than a dozen BW Legal /Lowell matters in hand at present letters are not answered nor are
e-mails.
The " customer (dis) service staff appear badly trained and totally disinterested.
As BW are acting on be half of Lowell I complain either to de Tute or Andrew Bartle directly it does get things moving.
nemComment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Roooight then,
Today I've received two letters from BW. One telling me that they intend issuing CC papers, this is dated 28th. The papers, as you're aware were issued last week.
The second is a 'sort of' response to the letters sent stating 3 points.
1) Explains that the balance of £0 and DEBT WRITTEN OFF is a standard 'charge off account' (?) and this is normal practice when a debt sale agreement goes through...
2) Tells me to complete the court forms if I intend to defend it.
3) 'our client is still amenable to coming to a suitable repayment arrangement based on current circumstances outlined in your email. In order to do so we request you complete and return the admission section of the claim form and return the admission section to the address below. Accordingly please contact our offices to complete an income and expenditure form over the phone which will result in an affordable and sustainable arrangement being agreed. Please provide documented evidence of your current ill health which you have stated in your email you are currently suffering with so we may update our records'
So, any thoughts?
This debt is mine, not my wife's, so I take her her income shouldn't come into it, yes?
As per, thanks for any input. If I go through the court route will the outcome be to pay less? Simply - and truthfully - about £5 pm is all I can afford currently.
Also, I'm uncomfortable with them intimating that they want letters from my doctor etc. That won't happen. I can provide them with proof of benefit. Would that suffice.
It's all making me a tad dizzy...
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
UPDATE:
Just received this email 'bout 2 mins ago...
Dear Sir,
We write in reference to the above matter and your subsequent emails.
Please be advised that the file has been placed on hold and we are awaiting further instructions from our Client.
????????????????
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Well at least you've got them thinking it's a wait and see for a bit now I think.
nemComment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Nem -
Take it I can put the CC paperwork on hold then?Comment
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Re: LOWELL/BW LEGAL /WITHDRAWAL of STATUTORY DEMAND
Yes but keep alert for any developments.
nemComment
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