Just remind me please CCA goes to Lowells? CRP 31:14 goes to Lowells solicitors? SAR goes to Cap One, and he must sign this? This will all have to be done tomorrow.

Having spoken to my friend, it is his belief that he did not sign up on-line for this credit card. Fairly sure it was done by post. Moving on then: He goes ahead with the SAR. and also the CCA along with the CPR 31:14? I will get him to sign up on MCOL tomorrow to acknowledge

Name of Claimant : lowells Issue date: 16 Feb 2017 Particluars of Claim 1) The Defendant entered into a consumer credit Act 1974 regulated agreement with Capital One under account reference .......("the Agreement"). 2)The Defendant failed to maintain the required payments and a default notice was served and not complied with. 3)The agreement was later assigned to the Claimant on 24/06/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £860.40 remains due and outstanding. And the Claimant claims a) The said sum of £860.40 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.189, but limited to one year, being £68.83 c) Costs Total £1059.23 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? It was 2010. Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. lowells Were you aware the account had been assigned – did you receive a Notice of Assignment? A: 16 July 2015 Letter from Capital One informing that the account sold to Lowell Portfolio I Ltd 26 June 2015 Did you receive a Default Notice from the original creditor? A: Notice of Default served under section 87 (1) of CCA 1974. Dated 18/06/2014 from Capital One Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? A: Notice of Sums in Arrears from Capital One dated 22/05/2014, not seen any since then Why did you cease payments? A: Depression following a messy divorce, 3 adolescent dependents to take care of too as a result. What was the date of your last payment? A: About January or February 2014 Was there a dispute with the original creditor that remains unresolved? A: No Did you communicate any financial problems to the original creditor and make any attempt to enter into debt management. A: Yes, contacted Capital One by phone at the beginning of 2014 asking for interest to be frozen, financial difficulty as result of depression etc. This was by phone, so have no written confirmation.

Ok, I shall follow your instructions. Thanks

Thanks for getting back on this. My friend has 14days to reply to the court, so does he simply return the dispute form stating he has made an application to the claimant(Lowells) for the CCA? If so, would he need to send a copy of the letter he sends to Lowells with the dispute notice?

Hoping for some help here. Friend has had claimform served. Needs to delay the process. claimant is Lowells acting as assigned for credit card debt with Capital One. Should he still apply to Lowells to produce a signed copy of the Credit agreement and a statement of accounts etc., under the Consumer Credit Act 1974 for the fee of £1. (don't want to restart the 6years rule). As I understood it from the past, the lack of an exact copy of the original signed Credit Agreement may render a "debt" as unenforceable. Would this be reason enough to stall the court process and avoid the CCJ actually being issued?

Is it possible that the Subject Access Request re-kindles any issues about 6 year statute of limitations concerning long outstanding issues?

Most hire companies are, according to an article in todays Guardian, completely unaware of these changes, particularly those abroad.

I have booked my summer holidays in Spain, also made a reservation to hire a car for the duration. Just discovered that as of 8th June 2015 the DVLA are scrapping the paper counterpart of the UK drivers licence. This will have an enormous impact on everyone who wants to hire a car either at home or abroad. ............This is the first I have heard of this: Check it out; https://www.gov.uk/government/news/driving-licence-changes If this goes ahead...............you will have to get all this information before hiring any vehicle. Any Thoughts?

Thanks, I've typed up the collection agency letter, that will posted registered mail tomorrow. I shall also fire off the e-mail to BG in a few minutes follow up with paaper copies by post.

Data request, I had a letter back from them last weekend. They state that they will comply by or before 16th May 2015, the cheque has not yet been cashed though.

Hiyya, I got a letter from AIC Allied Credit International (UK) Limited. I have scanned it into an e-mail back to British Gas Executive office heres what I was going to send off. Looking for some feedback before I do so.. Thanks. ------------------------------------------------------------------------------------------------------------ Dear Mr ***********, Please find the attached scan of a letter I received today (17/04/2015) from AIC. Allied Internationl Credit(UK) Limited. Demanding an outstanding balance of £132.29, it states. Our client British Gas, has authorised us to contact you regarding the above outstanding balance, relating to your Gas Contract at the supply address listed below: (my address and post code are then printed in Bold Upper Case.) It goes on to state.... "Despite several reminders from our client the outstanding Gas Contract bill remains unpaid and a resolution is now required... ...............................etc, etc.. The last paragraph, makes reference to the fact that this information "being shared with Credit Reference Agencies which includes infomation on bills being paid on time or late." --------------------------------------------------------------------------------------------------------------------------------------------------------- This raises several matters which will need to be addressed, and through Court action if neccessary. Firstly: 07/04/2015 I already took the trouble to check my credit record. I note that British Gas have already placed a "false" scar on my credit report with regard to this alledged account. Secondly: AIC. Allied International Credit (UK) Limited, refer twice to a GAS CONTRACT (at the supply address). Presumably they have clear proof alledgedly, that such a contract exists between British Gas and myself at this supply address. Thirdly: All of the following The effects of this ongoing Dispute have had, and has continued to have, a significantly negative impact upon my health. It has caused me a conciderable amount of stress, fear and anxiety, impacting greatly on my diabetes, further strain on my breathing, exacerbating my Emphyesema, my blood pressure has risen despite the daily medication used to lower it. I have suffered sleeplessness, with the fear of Forced entry to my home being threatened together with the anxiety caused when having to leave the house to take my daughter to her school, or even to go shopping in case the Forced entry were to be undertaken. The amount of my time and effort consumed in dealing with this matter. Costs involved with seeking advice, posting recorded delivery correspondence, Data Subject Access Request fees(Data Protection Act 1998) which will now likely include additional costs when making the same application for Data Subject Access Request directly to AIC, Allied International Credit (UK) Limited. This would at least give me the opportunity to corelate the information shared between British Gas and AIC concerning myself. The matter of the entry on my credit listings may well impact upon myself and my family should I need to move to new Private Rented Accommodation at any time during the next six years. Even applying for a mobile phone contract on behalf of my daughter could be effected. I have been careful to manage and to maintain my credit score particularly due to the minimal level of income I have coming into the household, only to have it blemished.

You are quite right. Very nice of them. On the face of it it all comes across as very contrite and apologetic. However, I have very poor health, and this whole process of dealing with them, and being threatened with the possibility of them gaining forced entry to my flat I found very distressing. The levels of distress and anxiety has had an enormous impact on my health and my peace of mind. I'm looking at a bit more than simply an apology.

Update: I was contacted today by phone by someone from the Chief executives office. I asked for everything to be put into an e-mail and sent to me asap. Here is what was said in the e-mail: Please give my any ideas of what implication is made in the last paragraph "When you get in touch........" ------------------------------------------------------------------------------------------------------- Thank you for your email addressed to Ian Peters, our Managing Director. He has asked me to address your concerns and respond directly. Please accept my apologies for the shortfall in customer service you have receive while trying to get your gas meter removed. I can confirm I’ve located the relevant record from our engineer which confirms the meter was removed on the 26th February 2015. I’ve taken steps to ensure the relevant systems are updated to show there is no longer a meter situated at the property. A credit has been applied to remove any outstanding balance and the account has been closed. I’ve sent notification to our collection agent to inform them to cease any action as there is no balance outstanding. I need to wait for a few systems to update to ensure an account is not opened in the future for the property. I’ll continue to monitor the account to ensure all these systems are updated correctly and will send you a further update once everything has been completed. In the meantime I’ve placed a block on the account to ensure no further action takes place. If you have any questions please do not hesitate to contact me and I’ll be happy to help. When you get in touch, to make sure you and your household are getting all the help you’re entitled to please can you let me know if anybody living in your property has any medical conditions, disabilities or additional requirements that you would like us to be made aware of? Kind regards ********************* Senior Customer Relations Advisor Executive Office ----------------------------------------------------------------------------------------------- During the phone conversation he went on to say that they were also blocking any pursuit of money for any previous tenants blah blah..............

It shows that the meter reading dated 23/10/12 was 00183. I was then asked to check the actual meter and confirm that the reading was correct. 00183 I then signed it there and then. Date 30/11/12. There is a paragraph headed Utilities information I agree that it is my responsibility to contact the providers of my electricity and gas. It is also my responsibility to contact the Coucil Tax dept and pursue any benefits that I may be entitled to:

Whilst following your suggestion of getting the paper trail together, I have just come across the Council Housing Officers' record of the gas meter reading (which I had to observe, agree to, and sign) only moments before signing the tenancy agreement.

OK will do.

I have an update. Remember earlier I said this morning that I had fired off an e-mail to CEO at BG.....I have had a response from the Executive Office Thank you for taking the time to email Ian Peters. I’m sorry to hear of the problems you’ve experienced. I have forwarded your email to a Customer Manager in the Executive Office, who will carry out a full investigation and respond to you directly within the next 5 working days. In the meantime, if you would like to discuss your complaint over the telephone, please contact us on 01784 874994 and we’ll be happy to assist. Our Executive team is available from 8am – 6pm, Monday to Friday. If you’d like to know more about our Complaints Handling Procedure you can view a copy online at britishgas.co.uk/energycomplaints, alternatively please let us know and we will send you a copy free of charge. So I now have the beginnings of an e-mail trail as well paper.

Sorry, but can you give me a link to the Customer services guides please.

The thing is they clearly had little or no knowledge of who resides at this address until on or around the middle of Feb 2015 when I was able to confront the "meter reader" a human being rather than the call centres. Other wise I could have expected billing much earlier,( as indicated previously my First Gas Bill was dated 15 Feb 2015) in spite of having given my details in an attempts to have the meter removed via the call centre phone numbers as long ago as 2012 and again early 2013. Rant over. Thanks for your input everyone.

How can they list £45 as a "regular payment" and no supply contract has ever existed between myself and British Gas at this address?

Just checked my credit report......... ......and lo and behold.......... ....British gas is on there showing that I owe them the disputed amount of £118. It is saying that the amount outstanding goes back to 20/12/2012. This is an outrage. How and when can I get that removed from my credit report? Account type Gas - even payment Account number ***************7707 0 Account start date 20/12/2012 Opening balance £ 118 Regular payment £ £ 45 Payment start date 20/12/2012 Repayment frequency Monthly It report shows the letters QY under the "calender" indicating Querry (account under review)

Thanks, I haven't checked my credit file yet. I need more info about how to hold of it really. I sent a cheque for £10 with the SAR letter, On the back I stated that this must only be encashed for the sole purpose of SAR Data Protection.

Ok then. The two letters to CEO and the Head of OPs at BG sent off together with SAR. Sent next day delivery. E-mail blasted off to CEO also. I will keep things updated as matters unfold.

Hiyya, regarding the SAR to British Gas. To whom should I address this? Data Controller or Data Compliance Officer and post it presumably to the Central office/headquarters in Staines? Thanks