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    • Hi to all, Thought it may be an idea to update this thread for anyone who is following / in the same situation. Still getting the weekly letters from Moorcroft, Westcot etc. with regards to Tesco, RBS & Natwest - also had the odd letter & email from AIC & OPOS in relation to the same debts........so looks like a few different ones chasing the same debts but still with the OC? Lowell have been considering legal action since Sept '23 with regards to both Paypal accounts but have yet to decide and keep reminding me every month. Not heard anything for ages from anyone with regards to Virgin. The most persistent seem to be PRA Group with regards to the Barclaycard debts.....these have now all been forwarded to Brodies. I've uploaded the 4 letters my partner has received with regards to the 2 Barclaycards she has - she is really worrying about these so posted that some kind member can reassure her again - is there still nothing to do at this point until they actually decide to take it further? I've done some further investigating as I have the original emails from Barclaycard. The actual dates of account opening on the PRA letters are completely wrong..........not even close to when they were opened so the liklihood of them having or obtaining any original paperwork seem slim. Also, not sure this is of any relevance but one of her Barclaycard accounts was originally Egg and taken over by Barclaycard. Another point is that most of the companies chasing have at some point got our address wrong and the mail has gone to our neighbour. We live in a group of 3 houses with the same address but all different house names - I'm assuming that omitting the actual house name from the address is a bit of a no no? Thanks to all who read / comment. T. Brodiesletters1-4.pdf
    • Claim dismissed, no order as to costs. The decision came down to whether the escalation of a chargeback claim to pre-arbritration per the chargeback guidelines is covered by the FCA's definition of providing a retail banking service and therefore a right of action under BCOBS and the FSMA 2000. The FCA defines a retail banking service as: "an arrangement with a banking customer, under which a firm agrees to accept a deposit from a banking customer on terms to be held in an account for that customer, and to provide services in relation to that deposit including but not limited to repayment to the customer." Monzo's counsel pressed hard the fact the chargeback scheme is a voluntary and I forgot to make the case that the whole issue was about a depsoit. i.e. the money held on the account for the purposes of transactions. I would have argued that providing transactions and handling disputes is part of that service. It may have held no weight, the evidence is probably out there. Very impressed with the judge, stoic, patient and fair.
    • Without sight of their statement in support I'm clutching at straws as I dont know what they are relying on or if indeed there is any hearsay evidence. Their statement shouldn't be more than 2 pages ? The courts/claimants copy of your statement must be signed with the statement of truth.
    • Thanks! So, I need to scan and upload their witness statement? The file will be too big! Do you know where do I need to put it, in the evidence part?  I was thinking to send the form without signature as I don't have time but I guess I'll have to print and scan otherwise they can also get me for that. There is a hand written signature on their witness form.
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Lowell and Creation Finance CCA return for ScS sofa Purchase


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so this is now paid off?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ok full story then please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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well i was paying all my debts but then my gf lost her job and i couldnt afford to pay them all,

after about 6 months we decided to try and get help.

 

Payplan seemed ok so we decided to use them-

btw they are absolutely terrible and i dont say that lightly

and ive been paying what we could afford every month

but as things have been getting tighter

 

 

I decided to see how i could try and offset seom if possible

and that led to me posting on here where you said to send the cca requests

 

Do you need to know anything else?

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well as wit the satans debt

its still with the OC

so let things run

 

 

are you getting regular statements?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 months later...

Hi

 

Yes i believe so, the reason im writing today is:

 

Ive written to Creation to tell them im not using payplan anymore and they evetually got back to me saying my "account is currently with lowell" in Leeds and to ring them and ask for payment options

 

So my question is, if they still got the CCA stugg they need to take me to court, why pass the debt on or at least get a debt collection firm to handle it??

 

I thought they only used such firms if they thought they couldnt get any money from me??

 

thanks

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No

Other way around

They use or as they have done here

Have sold the debt to lowells

 

Because they don't want to enforce the debt

 

Urm.. Something smells here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

might not be the only reason

but lowells don't chase debts for others

they buy debts and then chase

so somethings a miss.

 

 

let it run for now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Ive just re checked my credit file from earlier this year and Creation are the only [removed] who saw fit to use red marks against my account!

 

All my other creditors still obviously note the default date but it stops there?!

 

Im trying to get a mortgage and this wont help

 

2 things - can they do this?

if so why havent my other creditors done it

and also with my 6 year from default date coming up soon or early next year,

im now worried that my credit file wont be "clean" as id hoped

 

 

it would as if these [removed] keep doing this it will show up until its paid wont it?

 

thanks :-(

 

Screen Shot 2016-09-26 at 17.28.54.png

Edited by dx100uk
behave - dx
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you send them [creation] a letter

and get them to mark the debt as defaulted on the third missed payment date

else you'll complain to the ICO then.

 

 

that way it wont matter what they put.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

they wont

its creation that needs to do it.

 

the ICO states it is unfair to mark a debt for so many years without a default

 

have a read of the AP marker threads

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 3 weeks later...

i just got a letter from creation saying they sold the debt on the 29th July this year.

Creation had written to me on the 1st june i think with (if it was) the CCA request details.

As said before those details didnt include any t&c only the signed copy of my agreement.

 

So now im wondering, if that signed copy didnt actually fulfil the CCA request (as it didnt contain enough info as there should be) so they ve sold it on.

 

 

It says the total sold on was £1410.16 which AFAIK was the owed amount but they obviously didnt pay that for it.

 

Should i now request that lowells provide me with a copy of the CCA request? As you have said before DX, why sell it on if they can take me to court and it was getting paid up til that point.

 

Hmmmm....

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guessed right then...

 

still continue with the default complaint mind to creation

changes nothing on that front.

 

have lowlife written yet ?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so just the notice of assignment then.

 

 

good

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 2 months later...

Hi guys

 

Can someone look at this image please and tell me if my Credit file should look like this from Creation. This was from a few months ago, so id imagine a fresh copy shows red marks up to todays date.

 

As you can see they are still showing me as defaulting every month and the default date is the current month! not 6 years ago when it should be

 

None of my other creditors do this -im still waiting to hear back from Creation about this

 

thanks

Screen Shot 2017-01-11 at 11.51.09.png

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so what happened about the default complaint then?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

They wrote to me yesterday saying they had written on the 23rd Nov but i never received that.

 

They say they've checked and their team says the default date is right!

 

I said - are you telling me that you (Creation) don't know or haven't sent this info to Equifax??

 

They also said as id not replied they'd closed the case.

 

 i wrote back to the complaints address on their letter and sent a copy of the image above.

 

The day before i got their letter id emailed the ICO and they rang me today so i updated them.

 

I didn't realise id already posted a similar pic,

 

my reason for asking was to query if its allowed for a creditor to give that info,

ie showing im in default every month when i've only defaulted once

 

No other creditors do it so surely it cant be right

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no the account is in default is it not

so they will mark it as such.

 

however they should have issued a default on the third missed payment.

go read those AP marker threads I pointed you too.

 

I thought you'd done the complaint post 12 in September!!

 

did you send the complaint letter

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

That was around when i wrote it i think!

 

Yes its in default, no denying that but if it was in regulations surely all my creditors would leave my file like that id have thought anyway

 

AP marker threads? cant see any reference to those

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post 14 use the search cag box of the red top toolbar.

 

so what letter did you send them?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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