Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Does anyone have any experience of dealing with Lowell? Not sure how to proceed. I have a March 07 default with Lowell on a 3 mobile phone contract which is almost three times the original debt(!)
I know house rules generally forbid us from talking to the scuzzers but if they're likely to have an enforceable agreement I can't help wondering if I shouldn't go in all meek & mild with an offer in return for a "settled / satisfied" flag on this account.
Thoughts / opinions anyone??
Muchas gracias, EC
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
I would be questioning the leeds losers about whether they are actually collecting on a "real" debt and not one of the mistakes made by 3.
A while back Watchdog found that 3 had been flogging unknown debts to Lowell and it took ages for them to agree that the debt didn't exist.
In the first instance I would send them a prove it letter. Letter 18 here:
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Will look at the template now & update thread later
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
I would be questioning the leeds losers about whether they are actually collecting on a "real" debt and not one of the mistakes made by 3.
A while back Watchdog found that 3 had been flogging unknown debts to Lowell and it took ages for them to agree that the debt didn't exist.
AND NOW BEEN STUPID ENOUGH TO BUY ANOTHER SHIP LOADI BELIEVE.
In the first instance I would send them a prove it letter. Letter 18 here:
Hmmm. Had a look at the "prove it" letter that Silverfox suggested & not sure how that would apply in this case.
Lowell have the default registered at a previous address & to the best of my memory have never chased me. Don't have account / reference numbers etc which is why I'm a little reluctant to use the above letter.
Was really interesting to note the issue of Lowell, 3 & the non-existent debts though. Wonder whether that's why they've never updated info or chased me? Saying that only registered only Electoral Roll this week after almost two years of being off register so i could be raining down a 5h1t storm on my head anyway!
I'm only looking at it now as I'd like the default removed / satisfied / settled.
Jury's still out on how to move this one forward....
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
interested to response to prove it
SAMLOWELL DETESTER
I knew you wouldn't be far behind me Sam.
As soon as we see the name, it's like a red rag to a bull
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Do you know what? Can't argue with the stats (two platinums after all!)
OK. Going to draft the tailored Prove it letter & get a bit sarky with them into the bargain. Will post something here when done.
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
ok, what do you think to this to get the ball rolling then guys? Haven't got too sarky with them yet as keeping my powder dry!
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
I would also point out that they should remove the default "or else"
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor
Good point about the default! As for the Dear Scumbags?? Did i mention i was keeping my powder dry? Maybe next time!
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
The response to the "prove it" letter has come back. They "noted" I said I wasn't their customer but with the info they hold they believe I am their customer - they also noted the date & amount of last payment on the account (have no recollection but could be right). Now they want my proposals for repayment.
OK. So the issues as i see them are:
1. No one told me the debt had been sold on (although I moved several times so I'm sure they could argue they did)
2. Lowells have entered a default on my CRA files - I didn't know I'd agreed with 3 that this could happen!
So, the reality here is that I am prepared to make a F&F on this (albeit not this month) but I want to find a way to get rid of the default.
Any suggestions guys??
EC
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
So after ages of trying to resolve my particular problem (two unfair defaults on credit file) amicably, eventually I served in the county court and they've now entered a defence. Its not much of a defence granted, but a defence non the less, (and I'm gonna need help with that guys)
I have again asked if they want to reach amicable solution - no reply, so over this last weekend I've been all doom and gloom and woe is me - then my 19 year old son says
"even if they go to court and win, the default then becomes a judgement and coz you cant have a default AND judgement for the same thing the default comes off - so if you then pay the judgement within 28 days, the judgement comes off too so problem solved" (the amount is only £65)
IS THAT RIGHT???????? GOD I'd feel soooo much better if thats right!
Anyway, this saga trundles along. I decided to do a SAR on these guys which I drafted & sent this morning. Got home from work to discover I've had a letter from BCW to collect on this.
Am I right in assuming that this debt is technically in dispute while a SAR is outstanding? If so this would make BCW's approach deceptive & / or unfair according to OFT guidance
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
Bumping this thread as I am still at a loss as to how to proceed.
"Evancosmo" is short for the evanescent cosmopolite.
THE TRUTH WILL SET YOU FREE
1st Credit: CCA request sent
Cabot: failed to provide CCA - s.10 DPA letter sent
Capquest#1: failed to provide CCA - s.10 DPA letter sent
Capquest#2: failed to provide CCA - s.10 DPA letter sent Abbey: on going
Equifax: "attributable data" CCJ removed - Aug 09
I don't think the lowlifes should have got BCW to collect on this. Does the letter say they are collecting on behalf of the Northern Numpties? Lowells should have responded by now and the SAR still has time to go before it becomes in dispute.
I think that because you are disputing the debt, it could be classed as in dispute
I'm thinking that a bemused letter might be in order. Again you will have to edit it to suit.
The above link is just to give you some idea of what to write. The rest is up to you
If you are asked to deal with any matter via private message, PLEASE report it.
Everything I say is opinion only. If you are unsure on any advice given, you should see a qualified solicitor