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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Lowell to get a lovely surprise soon

teaboy2

By teaboy2
in Debt Collection Agencies

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teaboy2

teaboy2

Posted
Posted

Hi Guys

 

Just to save you reading all the way through the thread here - http://www.consumeractiongroup.co.uk/forum/showthread.php?295098-Lowell-and-alleged-three-mobile-contract-DENIED&highlight=

 

Which was in connection to unsolicited mobile phones sent to me. I have decided to create a new thread to

 

1) inform you all that as they still have not paid the invoice i sent them that i am looking at issuing a default on their company credit file.

 

And

 

2) thought it would be useful to have a thread where people can discuss issue of placing defaults on company credit reports for outstanding invoices that you have sent and they have refused to pay.

 

As for my own case - well i suspect Lowell's will get a nasty shock when they view their credit file in a couple of weeks time. But hey, they want to issue invalid/inaccurate defaults on mine for unsolicited goods, then its only fair that as i did inform them i would be charging them (and what the charges would be), only for them to continue the threatograms etc and thereby accepting and acknowledging them, prior to later refusing to acknowledge them, after they already had acknowledged them with their continued threatograms - That its only fair i turn it round on them and see how they bloody like it.

 

Oh and this is not libelous, as i have every intention of placing the default on their file, so it is true statement and not false, and yes the default they placed on mine is inaccurate as the goods were unsolicited and if they check their emails they will see a bank statement confirming the direct debit they claimed paid on 21/02/2009 (a Saturday) did not come from my account and nor did the token payment on the 23/02/2009 and therefore proving that i did not make such payments that they allege i did, after all why would i pay for unsolicited gifts when its illegal for a company or person to demand payment for such unsolicited goods!

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

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teaboy2

teaboy2

Posted
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Posted
Do they have a credit file to place the default on? Forgive me asking but I always presumed these were for people nit businesses.

 

Yes company's also have credit files/reports etc.

 

http://www.firstreport.co.uk/

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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BSC

BSC

Posted
Posted

I knew there would be published accounts but didn't realise there were credit files. Shame as I could have done something similar a couple of years ago.

 

Good luck!

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teaboy2

teaboy2

Posted
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Posted
I knew there would be published accounts but didn't realise there were credit files. Shame as I could have done something similar a couple of years ago.

 

Good luck!

 

If they still haven't paid then you can still do it, so long as its not an unpaid account/invoice from 6 years ago (5 years ago in Scotland) as after 6 years the debt becomes statute barred.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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BSC

BSC

Posted
Posted

We reached a Mexican standoff. They don't ask me for what they believe I owed them and I don't chase them for what they owe me.

 

They've never defaulted me so I'm happy with are 'arrangement' - if I defaulted them if could become tit for tat.

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teaboy2

teaboy2

Posted
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That's true, if they had defaulted you then you would be in a similar situation as i am now, and could well have defaulted them in response like i am Lowell's, as well as demanding they remove the inaccurate defaults on my file or face legal action for libel.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
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Posted

Who said i am not assigning the debt BB (lol at lowells expense)?

 

Besides Hutchinson 3g UK Ltd do not have a CCL and have also placed a default on my file as well as lowells, and i am doing it via my company. So if hutchinson 3g can place one on my file then its safe to say you do not need a CCL

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
  • Author
Posted (edited)

No, but in order for myself to respond to their letters etc, i had to take time out from my work. So to cover the potential loss of profit and time taken, i charged them for it, as i advised them i would.

 

By the way the company is not a ltd company but a sole proprietorship, so all company debts (though there isn't any) i would be liable for and all debts owed to the company would be owed to myself - As myself and the company trading name are one single entity due to it being a proprietorship.

Edited by teaboy2
reworded

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
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Posted

Well i have just obtained a copy of lowell groups credit report, very interesting reading. Obviously i can not go into details but the advisory monthly credit guide has in the last 3 months has decreased by just over 100% going from a 6 figure amount to a 5 figure amount - though they are still under Normal Risk in the risk category used by potential creditors. Also they made a substantial loss close to an 8 figure some in 2009 and in 2008 is was a lost also but not as high a loss as in 2009, though they did make 7 figure net profit in 2010. - Though its important to note the figures provided in the report relates to companies in 2003 standard industry classification (NACE) Sector.

 

There net worth decreases by over 2 million in 2010 i assume its referring to 2010 by the reference to accounts for period ending 31/08/2010

 

As i said i can not go into details, i.e. exact figures extra for legal reasons - but reading the report, and although they made a net profit last year, the rest of the report didn't look all that good in my opinion.

 

Guess its about to get worser for them too lol

 

P.s. their share captial on ordinary share is less then a pound and about a pound for preference shares. Not that you would want to invest in them or anything like that.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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FORMISTER

FORMISTER

Posted
Posted

Maybe their net losses in 2008/2009 were due to purchasing portfolios of debts

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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teaboy2

teaboy2

Posted
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Posted

Possibly, but they only made a return profit of about 50% in 2010 of the total losses made in 2009/8 added together.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

Posted
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Posted

Lol well i heard lemons do attract lemons :-)

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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unclebulgaria67

unclebulgaria67

Posted
Posted

I am not sure that they will be that bothered. Someone posted that many DCA's have outstanding CCJ's on their records and they don't pay them either.

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FORMISTER

FORMISTER

Posted
Posted

It is debatable if it affects their ability to hold/gain a CCA licence.

 

If you ring the oft, they wont give a definitive answer. They just refer you to: http://www.oft.gov.uk/shared_oft/bus...ces/oft969.pdf

which is the fitness and requirements notes, and shows the factors that they take into account for provision of a licence. There is absolutely nothing in those notes that addresses ccjs, although there is a question on the application form.

 

It may however restrict the conditions under the licence in which you can operate.

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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teaboy2

teaboy2

Posted
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Well it will be their first CCJ if it went to court, so i think they may well not want to risk losing there unblemished record and being humiliated in court. Not to mention face criminal charges for demanding payment on unsolicited goods :wink:

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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FORMISTER

FORMISTER

Posted
Posted

Good luck to you Teaboy, hope they get a taste of their own medicine.

 

Have you been charging them for every letter you have had to send them? See http://www.consumeractiongroup.co.uk/forum/showthread.php?257619-Turning-the-tables-on-DCA-Bullies&highlight=turning+the+tables+on+the+dca%27s

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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teaboy2

teaboy2

Posted
  • Author
Posted (edited)
Good luck to you Teaboy, hope they get a taste of their own medicine.

 

Have you been charging them for every letter you have had to send them? See http://www.consumeractiongroup.co.uk/forum/showthread.php?257619-Turning-the-tables-on-DCA-Bullies&highlight=turning+the+tables+on+the+dca%27s

 

 

Lol oh you bet i have, and more, such as phone calls from fredricksons after it was passed to them by lowells resulting in daily harassing phone calls to my mother who has a severe heart condition so that alone is a demand for £100 compensation.

 

In total including the £100 compensation they owe since 10/03/2010 £765.00

 

Thats, 1 admin charge £25.00 (haven't received any threatening letters since the first 1 after i informed them of the charges)

 

and £640 in late payment fees charged at a rate of £10 per week for each week the invoice remains unpaid after the initial date the invoice was due.

 

I think the late payment fees alone compensate me for the time i have spent writing to them requesting proof only to be met with, "entering the sim card is prove you accepted the terms" along with inconsistent statements with odd direct debit payments dates that were on a Saturday. lol

 

They now owe me around £200 more than what they initially alleged i owed them for unsolicited goods. Also they are £15 over the minimum amount needed to take them down the bankruptcy route :-D

Edited by teaboy2

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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teaboy2

teaboy2

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Well i have now downloaded statutory demand form 4.1 and filled in relevant parts, ready to serve on them if they do not respond to the default i will be issuing on their credit report.

Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (CAG),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

 

By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

 

If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phinishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

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