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Everything posted by Bazza66

  1. I feel robbed - I only got a 63% discount! But got the offer twice and then they conceded defeat and closed the file. Thats what they think - they got the letter asking for money back, defaults removed, etc and they replied with "Case Closed". They are now in receipt and processing my Formal Complaint - they've had that 2 weeks now - they have 4 weeks and must reply. Wonder what they will say?
  2. Have the letters from Lowell/Hamptons stopped? If they have then they are probably in receipt of your CCA request. I know they stopped sending me letters as soon as CCA delivered.
  3. I have previously sent about 7 letters to Lowell-Life and all have shown on track and trace so not sure if they bulk sign. Or maybe I just got lucky?
  4. The post office website is unable to confirm? Have you tried www.royalmail.co.uk and tracked it from there? I would be suprised that they have not got a recorded delivery item. Put dont worry - Royal mail, I am led to believe, will continue to try and deliver item for a set time and then return it to you. If you have not got it back yet then they are still trying to deliver. You dont need to CCA Hamptons - they are basically Lowell.
  5. Forgive my ignorance (its probably quite simple) but what would I achieve by getting a SAR from HSBC?
  6. Since I am still waiting for HSBC to confirm receipt of my Bank Charges at present do you think it would still be beneficial to SAR them? I have copies of the last statement which showed a credit of £834 to zero out the account - not my credit but assume HSBC wrote the debt off hence recrediting the account to zero. Lowell are chasing for £711. The amount of bank charges being reclaimed is £534. Would a SAR tell me what HSBC sold the debt to Lowell for?
  7. When I did a CCA to lowell-life I sent a postal order made out to "Lowell Financal Limited" Also remember DO NOT SIGN YOUR LETTER!!!! They sent me the standard "getting files from...." letter Then a "60% reduction on payment" letter then "OC couldnt find CCA so we are closing the file" letter. I have requested monies back and removal of default which they didnt respond to. They will have a formal complaint letter arrive on monday! Bazza
  8. Now Whisky (spelling like this) is Scottish Whiskey (spelled with an E) is Irish What's Wiskey? Which country is that from? :grin:
  9. I am in a very similar situation and so have a few questions myself. I have sent off an unfair bank charges claim against HSBC which amounts to more than 1/2 the overdraft. I have not SAR'ed them just sent the unfair bank charges letter - I was in a fortunate position to find out all my charges they had applied. I believe there is some news regarding this recently. Lowell-life are chasing me (more like hounding me!) for this money. I sent Lowell-life a "Prove it letter" and all they sent back was copy of statements (which is why I could get the overdraft charges as stated above) - hardly proof is it? In fact the last statement shows a credit to the account which brings the balance to zero. Lowell-life said this was HSBC preparing the account for them - more like HSBC wrote the account off (its nearly 6 years ago) and Lowell-life brought it for £5. I have since rewritten back with a formal complaint highlighting the points in the "Prove it" letter. Lowell-life have sent me 6 letters in the space of 1 month since sending copies of statements - and have now passed to Red Collections - same people I know. Talk about hounding... they wrote and said you have 7 days to pay up.. and within 7 days sent another saying I have 5 days. Now thats harressment. Anyway I digress.... Since I have a unfair bank charges claim outstanding does this make the account in dispute until the whole bank charges thing is sorted? Since the balance of the account Lowell-life are asking for is completely different to what it would be if the charges were returned.
  10. Cheers spamhead. I think its time to pen another letter to Lowell-Life. I sent them the "Prove it" Letter and they replied with copies of bank statements and pay now or else threat.
  11. Hi All, My understanding is that a DCA has to produce a valid CCA/Deed of Assignment to constitut proof of ownership/debt. What constitutes proof on a bank account overdraft since a CCA does not apply to this type of account. Thanks in advance
  12. Cheers Pinky, Thats the exact route I was trying to take. But your additional information of what laws they have broke will be added to the letter. I will also add that this is now a formal complaint and ask for their complaints procedure instead of me saying they have 4 weeks, etc. Thanks again. Watch this space.....
  13. Cheers Saintly, I did know the 30 days did not apply (i.e. its not a criminal offence for the DCA now). But surely that doesnt mean that they have illegally taken money off me? Which is why I want them to repay money, remove default, etc since they could not produce the original CCA they are not allow to chase the debt. Therefore they should not have taken any money from me. It seems simple to me so maybe I am missing something? Has anyone managed to reclaim monies paid? Defaults removed?
  14. Hi, New to this forum (usually use Moneysaving as I'm sure alot on here do). Anyway thought I would try this forum since someone has mentioned there are alot more "legally minded" people on this one. I did the send CCA request to Lowell-life and eventually they came back with nothing (suprised?). So after the 30 days sent them the 30 days letter i.e. return all payments, removed from credit file etc etc. They replied with the exact same letter they sent 2 days before the 30 days ran out i.e. that they could not find the CCA and the file is closed unless they find it. This is what I indend to send back. I would be grateful if anyone could cast an eye over it? And is it worth chasing it? Has anyone been successful claiming back from a DCA? Dear Sir/Madam Re:− Reference Number xxxxxxxx I do not acknowledge any debt to your company. I would like to make a complaint against your company. The details are set out below. I refer to my letter dated 15th September 2008 which was delivered via Recorded Delivery to your offices on 16th September 2008 in which I asked the following : 1. All payments made to date to Lowell Financial for this account should be refunded in full, including interest at the rate of 8% per annum. 2. Removal of all defaults entered by Lowell Financial. Note this is to be a complete deletion and not merely an amendment. 3. Compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years. 4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group. You were given 14 days to comply with the above yet you have failed to acknowledge the letter or attempt to resolve all of the requests. I understand that you must send a written acknowledgement of my complaint within 5 business days of its receipt. If you are unable to resolve my complaint within 4 weeks you must send a holding response, explaining the reasons why and indicating when you will make further contact. If you fail to resolve my complaint within 8 weeks, or if matters are not settled to my satisfaction, I will have no alternative but to escalate my complaint to the Financial Ombudsman Service. This could result in you being ordered to pay compensation if my complaint is upheld. I look forward to your reply. Yours faithfully Mr N E One
  15. Hi All, I sent a "Prove It" Letter to Lowell-Life and 2 months later they wrote back. In a nutshell they included 18 pages of copies of bank statements which showed a final balance of Zero - last transaction was a credit of £813 to make it zero. Lowell say in the covering letter that this was to prepare the account for sale to them and that I now owe them the money and I need to ring them now to sort it - yeah right I'm going to phone them! The bank statements show something that resembles my name but they do not show any address. Is this proof? My thinking is it isnt. Anyone any ideas how to reply to this? Thanks in advance.
  16. Cheers Saintly. Guess I will just wait and see what happens. I was hoping that I could send them a letter to remove all my details from their system under the Data Protection Act since they are not legally entitled to retain my details.
  17. Thanks but the letter was not a CCA request. I asked them originally for a CCA but they wrote back saying it was a bank account so is CCA excempt. This is the follow up of "Prove it" as suggested by the National Debt HelpLine website but I cannot find anywhere on the forum what is a resonable amount of time to let them respond. I know its 12+30 days for a CCA request so do I allow the same amount of time for this one? Thanks Bazza
  18. Hiya, I had been getting letters etc from Red Collection & Hamptons solictors so sent them the "Prove it" Letter as below. My question is - they signed for it on 14th Aug and I have still not heard back from them. Do I just forget it or can I respond to them stated they have not replied to me to say the matter is closed so you should (under Data Protection Act) remove all references to me from their systems. Or should I write saying they have 10 (or whatever) more days to respond otherwise I will be informing the OFT, etc? I know hearing nothing is good but I would sooner have a written confirmation from them that the matter is closed in case they try and flog the debt(?) to another DCA and I get hassle from them. As in the CCA request you can forbid them to pass your info under Data Protection Act - if they cant prove it surely you can state the same? Any ideas? Thanks in advance Bazza Letter I sent ... August 13, 2008 Dear Sir/Madam Re:− Reference Number xxxxxxxx You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Red Debt Collection Services or any other “trading style” of the Lowell Group (including Hamptons Legal). I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions. I look forward to your reply. Yours faithfully xxxxx
  19. I recently sent a CCA request (along with statement of account and proof of assignment) to Lowell and got the following back from Red Debt Collection Service. Which is basicaly the same company I understand. "We refer to your request for a copy of your original credit agreement in accordance with the provisions of the section 77(1) and / or 78(1) of the consumer Credit Act 1974. This account from which the above amount (£731) is due relates to a bank account that your held with HSBC Bank plc. While this account is a regulated agreement I would refer you to Section 74(b) of the Consumer Credit Act 1974 whereby any requirement to supply a copy of the agreement is exempt for current bank accounts. We could now request that you please call the number below to arrange re-payment of this debt by return" OK so it was an overdraft and so a CCA does not exist but they have not answered 2 of my questions (deed of assignment and statement of account) so where do I go from here? Do I write back asking for the 2 answers to be answered or find one of the "prove it" letters and send that. Or even a statued barred letter as it may be 6 years on this one - I thought they had written off the account but looks like Lowell might to trying to cash in on it. And just to add they also wrote to me via Hamptons Legal (again part of Lowell) on the same day threating to get a copy of my credit file and basically seeing if I own a house and decide next course of action". But I am guessing they are going for the scare tactics type letter. Thanks for help in advance. Bazza
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