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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Lowell financial and 4 debts


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My partner started to receive letters from a company called Lowell financial a while ago.

When I saw them alarm bells started to ring and I did a bit of research on here.

 

From what my other half tells me,

these debts were from well before we met so are probably 10 years or more old.

 

The debts were from capital one,

three,

jd wiliams, and

shop direct.

 

We sent a cca request and £1 postal orders for all the debts.

Lowells have acknowledged all the cca requests and closed the three account.

 

It has now been a month since we have heard anything from lowells about the remaining 3 accounts.

We have checked on experian and it seems lowells have 2 of the named accounts showing as in arrears for about 4 years.

 

From what I read on another post, my other half should not pay them anything ever.

They have failed to provide any of the original documents so as far as I can tell they are unenforceable and should be off her credit record after 6 years.

Am I correct And should we be worried about it?

Edited by dx100uk
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you say no payments have been made on any of them in 10yrs?

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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you say no payments have been made on any of them in 10yrs?

 

No, I said the debts were probably over 10 years old. They were from when she lived in a flat before moving back home into her mothers house.

 

Closed the Three account after a CCA request?

Please do tell more...

 

Cca request sent on 4th July, acknowledgement of the letter received on 11th July, letter about closed account on 14th july

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so the rest have now well failed the 12+2 working days time limit

 

ignore until or unless you get a letter of claim.

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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  • 3 weeks later...

As an update on this thread, my partner has today received 3 letters, all the same but for the 3 remaining accounts.

 

state that they are still waiting for a copy of the documentation from the former debtors and the accounts remain on hold.

 

They say we should hear from them within 40 days.

 

I thought they had to provide to us the original docs within 12 (+2) days, which they have failed to do

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former debtors?

you mean the original creditors

 

yes they only have 12+2 WORKING days

if they fail stop any payments till they comply with a CCA that gets checked here first

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

Just to clarify, this is what their letters say...

 

We refer to your recent request under sections 77/78 of the Consumer Credit Act 1974 for a copy of the documentation for this former capital one/ j d williams/ shop direct account.

 

We have requested a copy of the documentation but have not received it yet.

 

Your account will remain on hold while we await the requested information from capital one/ j d williams/ shop direct.

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  • 2 months later...

The 40 days they claim to have to supply the requested documentation have long gone but all 3 remaining accounts are still showing up on her credit file as in default but queried. Is there anything we can do to get them removed? The three account has been cleared from her credit file.

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accounts stay on credit file till the default reaches its 6th birthday

then they are removed

paid or not, paying or not..makes no odds

 

theres not reason to remove them no.

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...

Start a new thread in the cap1 forum

Give a brief history

And scan the cca return upto one multipage pdf please

Read upload

 

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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