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    • it is NOT A FINE.....this is an extremely important point to understand no-one bar a magistrate in a magistrates criminal court can ever fine anyone for anything. Private Parking Tickets (speculative invoices) are NOT a criminal matter, merely a speculative contractual Civil matter hence they can only try a speculative monetary claim via the civil county court system (which is no more a legal powers matter than what any member of Joe Public can do). Until/unless they do raise a county court claim a CCJ and win, there are not ANY enforcement powers they can undertake other than using a DCA, whom are legally powerless and are not BAILIFFS. Penalty Charge Notices issued by local authorities etc were decriminalised years ago - meaning they no longer can progress a claim to the magistrates court to enforce, but go directly to legal enforcement via a real BAILIFF themselves. 10'000 of people waste £m's paying private parking companies because they think they are FINES...and the media do not help either. the more people read the above the less income this shark industry get. where your post said fine it now says charge .............. please fill out the Q&A ASAP. dx  
    • Well done on reading the other threads. If ECP haven't got the guts to do court then there is no reason to pay them. From other threads there is a 35-minute free stay after which you need to pay, with the signs hidden where no-one will read them.  Which probably explains why ECP threaten this & threaten that, but in the end daren't do court. As for your employer - well you can out yourself as the driver to ECP so the hamster bedding will arrive at yours.  Get your employer to do that using the e-mail address under Appeals and Transfer Of Liability.  
    • good you are getting there. Lloyds/TSb...i certainly would not be risking possible off-setting going on if a choice were there, but in all honestly thats obv too late now..., however..you might not never be in that situation so dont worry too much. regardless to being defaulted or not, if any debt that is not paid/used in 6yrs it becomes statute barred. you need to understand a couple of things like 'default' and 'default notice' a default is simply a recorded D in the calendar section/history of a debt, it does not really mean anything. might slightly hit your rating. the important thing here is a default notice , these are issued by the original creditor (OC) under the consumer credit act, it gives you 14 days to settle whatever they are asking, if you don't then they have the option to register a defaulted date on your credit file. that can make getting other credit more difficult. and hits your rating. once that happens, not matter what you do after that, paying it or not or not paid off or not, the whole account vanishes from your credit file on the DN's 6th b'day. though that might not necessarily mean the debt is not still owed - thats down to the SB date above. an OC very rarely does court and only the OWNER of a debt can instigate any court action (Attempted a CCJ) DCA's debt collection agencies - DCA's are NOT BAILIFFS they have ZERO legal powers on ANY debt - no matter what it's TYPE. an OC make pass a debt to a dca as their client to try and spoof people into paying through legal ignorance of the above statement. an OC may SELL on an old debt to a DCA/debt buyer (approx 10p=£1) and then claim their losses through tax write off and their business insurance, wiping their hands of the debt. the DCA then becomes the debt OWNER. since the late 70's dca's pull all kinds of 'stunts' through threat-o-grams to spoof a debtor into paying them the full value of the debt, when they bought if for a discounted sum (typically 10p=£1). you never pay a dca a penny! if read carefully, NONE of their letters nor those of any other 'trading names' they spoof themselves under making it seem it's going up some kind of legitimate legal 'chain' say WILL anything....just carefully worded letters with all kinds of threats of what could/might/poss happen with other such words as instruct forward pass... well my dog does not sit when instructed too...so... DCA's SOMETIMES will issue a court claim, but in all honesty its simply a speculative claim hoping mugs wet themselves and cough up...oh im going to court... BIG DEAL DCA - show me the enforceable paperwork signed by me...9/10 they dont have it and if your defence is conducted properly, most run away from you . however before they do all that they now have to send a letter of claim, cause the courts got fed up with them issuing +750'000PA speculative claims and jamming up the legal system. so bottom line is two conclusions.... if you cant pay a debt, get a DN issued ASAP (stop paying it!) make sure it gets registered on your file then it stops hurting your file/future credit in 6yrs regardless to what happens (bar of course a later DCA CCJ - fat chance mind!)  once you've a registered DN , then look into restarting payments if the debt is still owed by the OC, if SOLD to a DCA, don't pay - see if they issue a letter of claim (then comeback here!).        
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
    • Any update here?  I ask as we have someone new being hassled for parking at this site.
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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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