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    • Just out of curiosity aesmith - are you a lawyer?
    • I spoke to a pro-bono entity this afternoon.  They advise I must initiate a claim in the court v the receiver if I want to then file an application for an order for sale.  I must have a claim/ proceedings to be able to force a sale. The judge in the current proceedings  has told me that I cannot force the lender to sell and the lender cannot interfere either.   If the receiver isn't acting correctly and isn't selling - this means I must make a claim against the receiver I could initiate a claim. Or much quicker  - the other entity - with a charge already - could use that to make an application for an order for sale.
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    • This other entity doesn't know what's going on.  To be clear I had huge equity.  No-one would ever expect a lender to erode all my equity.  The question is - if anyone knows the legal answer - on the basis they have a charging order - could they make an application for an order for sale?  
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Lowell incorrect CFR default date - creation finance debt **WON+COMPO**


jon8214
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Hi I have had an old debt with creation finance now managed by Lowell

 

Lowell have confirmed that the last payment was in May 2011 but the default on my credit report is aug 2013, I would have thought it should of been between Aug and Nov 2011 under the 3-6 mth rule

 

Lowell are refusing to change the default date and they are also saying its not stat barred as the default was registered in 2013

 

Now I know they are talking the preverbial bull about it not being stat barred but how do I go about forcing them to change the default date?

 

cheers

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Ha ha ha good old Lowlifes, how they continue to operate, least of all be solvent, is anyones guess!?

 

 

Which CRA is reporting dud info?

 

 

Inform the CRA in writing, that they are processing inaccurate data and to correct it.

 

 

As for lowlifes, you could submit them a LBA giving them 7 days in which to correct the entry, failing which you will issue a claim against them for defamation and sue them for a four figure sum.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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any idea on the layout of a LBA as I have just spoken to them, recorded of course, and they are point blank refusing to investigate it never mind changing the date

 

Ive had enough of this sharks

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I was thinking along the lines of -

 

Dear Sir/Madam,

 

I herby give notice that unless the default date on account number xxxxxxx is changed to a date within the 3-6mth period after xxx May 2011, within 7 days I reserve the right to issue Court proceedings against your company for defamation of character and also claim a four figure sum in damages.

 

Regards

 

xxxxxxx

 

Just for info this would be lodged in Northern Ireland.

 

Who would I address this to?

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moved to the creation finance forum

nothing to do with lowells or the CRA's

write to the OC and complain creation finance

a DCA cannot default a debt

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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usual letter then as before

write inc that give them 14 days to recify the defaulted date else a formal complaint will be raised with the ICO ad financial compensation sought

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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Heres a copy of the CCA and T&C's they sent me

 

Looks to me like the T&C's are wrong as they look to be about insurance

 

Ive sent the complaint to Creation and also a SAR under GDPR

 

So will wait to see what they come back with ref the default

 

Anyone got any comments on the attached?

 

Cheers

 

Jon

Creation.pdf

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Creation Finance is mainly for Car Insurance.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

Well ive received the SAR from creation

 

nothing really new in it apart from copy letters they sent to me

 

As per the CCA the main thing about it was the last payment was in May 11 but they didn't default me until Aug 13 so over 2 years from last payment to default

 

Also they didn't send any letter about arrears until 24/04/13 which is again almost 2 years after the last payment

 

I phoned Creation for an update on the complaint and have been told its in the queue to be looked at

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so you/ve found a record of the default in the sar comms/account log?

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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send them proof of last payment may 11

give them 14 days to correct the defaulted date mistake [tell them the dates etc]

else you'll open a serious complaint with the ICO and seek financial compo.

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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creation

only the OC can register defaults

not some powerless DCA.

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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  • 1 month later...

well as a final update to this, I have received a letter from Lowell stating that the account is closed with all records removed from the CRA's and they have enclosed a cheque for £50 as way of compensation

 

So a good outcome in all respects, a donation will be made and that's to all for their help

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thank you

title updated

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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