Has the debt been sold or is the DCA just managing the account?

You need to use the telephone harassment letter from the CAG

library and send it to the DCAs Compliance Manager recorded

delivery.

I think it has been sold.

I apparently owe Black Horse around £2500 for a car which was stolen,

the insurance paid out on about 3 years ago but the amount paid by the insurance fell short of the amount owed by the £2500.

A company called Apex Credit Management wrote to me about the amount.

I told them the alleged debt didn't exist.

There was then some email communication which ceased around 5 weeks ago.

I then received a letter from DLC saying I now owe them the amount and should pay within 7 days.

Today, I have had a phone call which I ignored, a voicemail which I also ignored,

and my colleague at work has said she has taken a call from them stating it was a "private call and matter" leaving her a reference number and a phone number for me to contact them.

I'm on annual leave until next week. This stuff could cost me my job.

Am I right in saying it is unreasonable by the OFT guidelines in debt collection for DLC to contact you at work? And therefore do I not have grounds for complaint?

As an aside, my credit file actually says that until 8 months ago my account with Black Horse was up to date?? So why all of a sudden try these tricks?

Any advice greatly appreciated.

D

Received another phone call and text from BCW today. Harrassment??

Had a message from an old colleague (as in about 8 months ago) saying that Red Services had contacted them requesting to speak to me.

I then received a text asking me to call BCW as soon as possible.

So thats now Lowells (two letters in two days), Red (one letter one phone call) and BCW (text) in a week.

When I get my SAR, I will THINK about responding (Ive been waiting for years for it!).

So - Its been just under a year since these cronies last tried to unlawfully claim money which they say I "owe" them.

Anyway, I have received a letter from Lowells saying that they have obtained a copy of my credit report (which, by the way, they unlawfully placed a default on over 6 years ago) and have discovered that I am still making payments to creditors from my home address. Therefore they now require full payment of £714. And, as a goodwill gesture they are willing to reduce the amount by 20%.

They want me to either pay in full, or make an arrangement to pay, and if they dont hear from me then they will seek to recover the cost by alternative methods i.e. coming through my door and taking my Mum's TV, my Mum's stereo, my Mum's DVD player etc etc.

I need a nice letter to basically say I acknowledge no such debt, I sent the phone back many many moons ago following the instructions of the o2 advisor, and that since then they have ignored my SAR AND I havent heard anything from them for 10 months.

Can anyone help??

Yesterday after hearing about a bargain from Mothercare from my Baby Forum friends I ordered a carseat. It was £119 reduced to £9!!! Anything that was £110 off sounded good to me so I ordered it, I did wonder if it was a typo but then I noticed it had 92% off on the image (which I print screened thank god)

Now today I received this email.

Dear ......

 

Thank you for placing an order with Mothercare.

 

We regret that unfortunately we have had to cancel your order (details below) as the item(s) you requested are not currently available.

 

If you ordered online, by telephone or by mail order & paid by credit/debit card please note that your credit/debit card has not been charged for this order.

 

If you ordered by telephone or by mail order & paid by any other method we are currently processing a full cheque refund which will be posted to your billing address as soon as possible, please allow a maximum of ten working days for receipt.

 

If you placed your order instore for a full refund please visit any Mothercare store, taking with you your receipt and a copy of this e-mail. If this is not possible please write to us at the address below (enclosing your receipt and a copy of this e-mail), and we will arrange for a refund to be posted to your billing address.

 

Mothercare Customer Service Centre

Cherry Tree Road

Watford

Hertfordshire

WD24 6SH

 

***********************************************************

ORDER DETAILS

***********************************************************

 

Order number : 203-1250109-3045901

Date : 24-August-2010

Items :

1 of Concord Lift Evo PT Car Seat - Bamboo (Bamboo/Black), £9.00

 

Subtotal of Items : £9.00

Postage & Packing : £4.95

Promotional Certificates : - £4.95

-----------------------------------------------------------

Order total inc. of VAT : £9.00

What rights do I have, they obviously had them in stock when I ordered it, as after a few minutes they went out of stock (I went back to buy my friends son one) then next thing I know after hearing from a few other people who wanted them they where back up to £119, then went out of stock again!!!

A person who bought one of these seats, rang up this morning to be told it was a mistake & they would send her one out. The thing is I am not very good on the phone and would prefer to write a letter/email. They must not have sold out if they are willing to give someone one if she kicks up a fuss. Also if the price was a mistake, why did the image state 92% off.

Any advice?

Thanks in advance Amy-Lea (posting on my partners account)

Ok, situation:

Had a car on finance with Black Horse

Car was stolen

Insurance paid out

Gap Insurance wont as they say my Policy was not to cover the difference between settlement figure from finance company and insurance payout but was infact to provide the sum of the difference between the value of the car at the time of purchasing the policy and the insurance payout, should the payout be less.

Ive asked them to reconsider as they used the complete wrong car to value my car. They did, but then used the wrong year! I asked them to reconsider again and I still await their response. This was late last year.

Black horse say I owe them the amount on the letter below and have passed on my account to Nationwide Collection.

Advice needed! I cant afford to pay that for a car I no longer have!

Oh, I know where Cockfosters Road is, been down there many a time to catch the tube to Arsenal, Chelsea et al. I know it isnt in Edinburgh!

I said that but she said she already opened it cos you couldnt clearly see it was for me, only the address in the window of the envelope.

Jesus - its been a while!!

I sent screen shots of every stage of the application process from the Lloyd Latchford website to the Zurich investigator along with a statement of events.

In conclusion, the Zurich claim investigator accepted my version of events as true. She said that she was satisfied that I had not had ample opportunity to check all of the information over and that I could not enter the IN10 into their website.

They paid out and I got a new vehicle.

Power to the person for once!

Hello again, long time no speak!

Received this letter yesterday:

Now, there are a few things wrong with this letter. Firstly I dont owe them a thing as I sent the phone back years ago now.

Secondly IT WAS SENT TO MY GIRLFRIENDS ADDRESS

I dont live there, shes going mad.

How have they got her address??

What can I do about this??!!

Hi

Just an update and a small request for a letter in response (if any is needed)....

Received this letter yesterday morning from Red Debt Collection Services (who are "a trading style of Lowell Financial Ltd"

1. Pay one payment of £357.43 as full and final settlement

   
   

2. Pay 3 equal payments of £142.97 over the course of the next 3 months as full and final settlement

   
   

3. Enter into a repayment plan and pay £40 per month by Direct Debit using the Direct Debit mandate enclosed, until the outstanding balance is cleared

   
   

Received this letter today. Its from a company based in Leeds called Hamptons Legal:

You were informed previously by Red Debt Collections Services that if your account was not settles, or that if you had not entered into a repayment plan litlgation would be considered to recover the outstanding balance.

As you have not done either, we are assessing your account for litigation purposes. We may now issue county court proceedings against you with a view of recovering the outstanding balance owed by you. Any Judgement that may subsequently be made against you bu the Court, may see your outstanding balance increase significantly with court costs and interest.

I must stress at this point we would still prefer to reach an amicable agreement with you and not use the services of the court system and therefore I am prepared to offer you two options for repayemnt.

1. Pay £536.14, this is a 25% saving on your outstanding balance

2. Pay £25 per month by direct debit until the outstanding balance is cleared

If you would like to take advantage one of the offers outlined above, or discuss an alternative repayment solution then please call the number below and one of our advisors will be more than happy to help.

Unless an acceptable repayment plan or agreed settlement is in place within 10 days of this letter, legal proceedings may commence.

Should legal proceedings be commenced there will be an additional claim made against you for payment of interest on the overdue amount in accordance with Section 69 of the County Court Act 1984 together with legal costs.

Furthermore, should any judgement be subsequently granted against you bu the Court this may be registered against you at the Register of County COurt Judgements. This would then remain as a public record for a period of up to six years and as a consequence may affect your future ability to obtain credit.

We would urge you not to ignore this correspondance and contact us on 0844 844 4720 with a view to resolving this issue as a matter of urgency.

Yours sincerely

Stephen Hunter

Director of Legal Services

Hamptons Legal

Ok so I now need to write to these people to tell them Im in the process of gathering my evidence for a complaint against o2 registered with the ICO, after they blanked my SAR.

What do you think?

I thought dave could not as its for a mobile phone that went missing after posting it back to the company.

You thought I couldnt what?

Its actually a company called red debt collection agency who have been assigned by Lowells Portfolio, who have given me 10 days from the date of their letter to set up a repayment plan or pay in full.

They can do one. They have ignored my SAR, and the complaint is in with the Information Comissioner and Im waiting their response.

How long does this take, and should I send the CCA to Lowells/red/both?

Then that is where it will end. With Lowells.

 

Lowells are the end if the line, the true bottomfeeders of the DCA world.

 

As soon as you hear from them, hit them with a CCA request,

Sorry, what is a CCA request and who do I send that to? Lowells have written to me today.

If you get a letter remind them its in dispute as they amount claimed is due to fraudlent calls made whenyou did not own the phone.

This is what I intend to do.

Well he should have thought about that before breaking the law. Just because there is no visible camera doesn't meant it's all of a sudden legal to go at whatever speed you want. The fact that he's on 9 pts already and yet he still did this stupid and potentially dangerous act shows his disregard and lack of respect for other roadusers, and he deserves punishment, irrespective of how that affects his personal circumstances. It will be for the safety of all others on the road that he is punished.

 

I think it's disgraceful that people are treated with leniency in driving offences just because they rely on driving for their job. That's basically giving these people a licence to breach the rules of the road and drive how they want. This loophole needs to be closed.

Do you want me to hire you a cherry picker to help you down of your extremely high horse, you bore.

I think its disgraceful that the Police have introduced performance criteria indicators, which means they must issue a certain amount of tickets, producers, conduct spot checks etc each month or else they could face disciplinary action (fact - a colleague of mine is engaged to a police officer). I also think that its disgraceful that because of this I was issued with a FPN for resting my head on my arm and scratching my ear and not, as it says on the FPN, "using a mobile phone whilst driving". £60 and 3 points, which could result in a ban. Fighting it all of the way.

Close the topic.

Its been a while!

Received a letter saying they have sold my account on to Lowell Portfolio - the sharks who were on Watchdog not so long ago.

Anyway, Ive filed a complaint with the information commissioners office and await their response.

UPDATE

No details received from o2 as REQUIRED by law under the Data Protection Act. I googled SAR and found some interesting documentation from the Isle of Man. I wonder if the regulations are the same over here? If so, then how and where do I go with this:

I haven’t received a response. What happens now?

If you have not received a response by the end of the 40 day period, then the organisation will have committed a breach of the Sixth Data Protection Principle, which provides for the rights of the data subject.

At this point you have two options:

1. You may request the Office of the Data Protection Supervisor to undertake an assessment to determine if the organisation has complied with your request. This will normally elicit a rapid response from the organisation without you resorting to legal action.
   

• Or
   
  

1. You can refer the matter directly to the High Court. The Court can order the organisation to comply with your request and, if satisfied that the failure to comply was unjustified, impose a penalty of up to £5000. You may also seek compensation if you have suffered distress due to the failure to comply with the request. If you contemplate taking legal action, we recommend that you seek legal advice from a Manx advocate.
   

And also:

referred to the High Court who can fine the business up to £5000.

Received a letter from otelo stating the deadline has now expired and the ombudsmans decision is no longer binding to o2.

I am yet to receive the details requested in my SAR.

I am writing to explain that I cannot make my final decision on probability as the ombudsman has stated he did, and that I must request that otelo extend the deadline to seven days after the date of receipt of the information requested from o2.

What happens if o2 do not acknowledge the SAR within the 40 days? I sent them a cheque which remains uncashed.

Ok, I understand that I had to apply to have the stay lifted within 7 days outlining why.

But ...

I have been reading about financial hardship. Because of rent and bills etc, I find myself with no money from my wages now every month. I have 2 credit cards, my mum has borrowed me some money (paid directly into my Barclays account directly), I have to pay a court fine from a driving offence committed 2 years ago via a payment plan, I have 2 payday loans being repaid and have just missed the first payment on my car finance agreement in 2 years. Im trying to rebuild my credit so that any future agreements are more favourable to me in terms of interest rate. My car has been stolen and therefore I have more urgent things to pay for.

Can I claim financial hardship?

Just a little update.

I sent the Subject Access Request off last week (I didnt have the money to do it)

I also received a letter from Otelo yesterday saying they could not extend the deadline for acceptance of my final decision by 40 days at such a late stage in the case. What they could do was extend it until 18th September, which still doesnt help me as an SAR takes 40 days maximum by law to come through.

This is totally unjust.

Sounds like you are getting ripped off by your insurers. They have probably figured out that as you are both insured with them, if they blame you both, they can charge both of you your excesses and reduce both your no-claim bonuses - hence cheapest solution for the insurance company! Go back and say you deny any blame and that the damage is to th efront of his car and the rear of yours hence proves he drove into you. They will probably dismiss this but its worth a try; then you'll either have to pay up or consider litigation - a small claim to recover your excess and any loss in NCB. The insurers will probably not want the hassle of this and may then back down. Good luck.

I second this, and also try the Financial Ombudsman.

UPDATE

Just spoken to Zurich's investigation department, who told me the following:

"I dont have all of the details in front of me as I am still waiting for all of the information to come through.. Your claim is on hold due to an undisclosed conviction on your licence. This is now a three way thing between us, your broker and you. It can also go one of three ways.

1 - We decide your broker is at fault. We continue to insure you and adjust your premium accordingly as well as validating the claim and settling.

2 - We decide your broker is at fault. However, we discontinue your insurance due to the IN10.

3 - We decide its completely your fault. We cancel your insurance, refund all your premiums and do not settle the claim.

We will be writing to you to request a letter of explanation. Explain what you told me (about the broker etc) and we will look into it. I must tell you, this will take a minimum of 2 further weeks."

Joke this.

You can request the DVLA to substitute an SP50

I have just spoken to them, they said I need to take it up with the court who issued the judgement.

My understanding is that the broker didn't sell, because you bought on-line direct from the insurer.

I didnt. I bought on-line through a broker.

Yes, it was. 1st January 2006.

Does this make the conviction on my licence invalid?? If so can I request it be removed??

Nevertheless they did not sell you a policy - fraudulently or otherwise.

I bought, they sold?

b) no, AIUI, they didn't sell you a policy; you bought on-line after calling them.

Yeah, but it was after calling them to confirm the IN10 was ok.