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Moon phases


Lowell court claim

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Post by Balfour Sun Mar 18, 2018 6:54 pm

Hi , I’m being taken to court by Lowell over credit card debt:
I’ve sent cpr18 - they replied that they’ve been unable to obtain documents from original creditor, but can confirm that an account was opened on such a date with and an original loan value of £x.
Also S78 request has been ignored.
Have therefore had to give up mediation, as they haven’t supplied me with the information I’ve requested.
1) can I insist that they send me details requested in cpr18
2) the OC sent me copy of CA & statement. Statement at time loan was taken out shows a credit limit far less than Lowell have stated, can I do them on this?
3) CA has ppi box unticked, yet statement is showing ppi payments, can I do them for fraud over this?

Thanks for your help

Balfour
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Post by Tiggy Mon Mar 19, 2018 5:28 pm

Balfour wrote:Hi , I’m being taken to court by Lowell over credit card debt:
I’ve sent cpr18 - they replied that they’ve been unable to obtain documents from original creditor, but can confirm that an account was opened on such a date with and an original loan value of £x.
Also S78 request has been ignored.
Have therefore had to give up mediation, as they haven’t supplied me with the information I’ve requested.
1) can I insist that they send me details requested in cpr18
2) the OC sent me copy of CA & statement. Statement at time loan was taken out shows a credit limit far less than Lowell have stated, can I do them on this?
3) CA has ppi box unticked, yet statement is showing ppi payments, can I do them for fraud over this?

Thanks for your help
Bit confused by this, you say they've failed to respond to your CPR 18 & S78 request but you've received the credit agreement and statements from the original creditor, what's that in response to, did you make a separate request to the OC?

Also, you talk about a credit card debt then about when a loan was taken out, which is it a loan or credit card debt?

In respect to the PPI, you can claim misselling but that would be made to the original creditor, misselling has nothing to do with the debt being sold or the debt purchaser.

Tiggy
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Post by Balfour Mon Mar 19, 2018 5:42 pm

It’s a credit card. OC sent me copy of CA & statement years ago, before they sold it on to Lowell.
Surely with PPI, if they’ve charged it on account when it wasn’t required, that’s fraud, and if Lowell have bought the debt , they’re surely liable?

Balfour
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Post by Tiggy Mon Mar 19, 2018 6:13 pm

Balfour wrote:It’s a credit card. OC sent me copy of CA & statement years ago, before they sold it on to Lowell.
Surely with PPI, if they’ve charged it on account when it wasn’t required, that’s fraud, and if Lowell have bought the debt , they’re surely liable?
How can Lowell's be held liable for the actions of the OC? It's like you buying a car and finding out it was involved in a fatal hit and run, would you be liable for the previous owners actions?

Tiggy
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Post by Balfour Tue Mar 20, 2018 8:09 am

The point I’m trying to make is, if the debt was for example £5k , which included £2k of Mis sold PPI, how can they get away with claiming the whole £5k?
If I was buying a car, I’d make sure I knew it’s history beforehand, the fact that they’re not bothered about that because they’re just trying to make a quick buck should be irrelevant.

Balfour
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Post by Tiggy Tue Mar 20, 2018 8:43 am

Balfour wrote:The point I’m trying to make is, if the debt was for example £5k , which included £2k of Mis sold PPI, how can they get away with claiming the whole £5k?
If I was buying a car, I’d make sure I knew it’s history beforehand, the fact that they’re not bothered about that because they’re just trying to make a quick buck should be irrelevant.
But you haven't put in a claim for mis selling, have you ? How can there possibly be any 'history' if you haven't put in a claim !!

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Post by Balfour Tue Mar 20, 2018 9:59 am

The OC has actually sent me an offer for mis sold PPI, which I haven’t yet accepted, as I wasn’t sure how if would affect the case

Balfour
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