OK Thanks for that it's done, can anyone advise me on what my legal rights are to getting the any CCJ proceedings moved to my local court?

Are you saying to send this to Buchanan or Lowell?

Sorry, wasn't if to post in here or the general debt forum. Sods law: when faced with 2 choices you always pick the wrong one

Hi All,

This is a long running dispute with Lowell, first prove it letter I sent them was Dec '09 requesting a CCA, Statement of accounts and Notice of Assignment. I only received a CCA 6 months later, which isn't proof at all as I was able to request the same document from CapOne providing nothing more than an account number and £1. There has been no proof provided as to the amount of monies owned or that they own this alleged debt. I have had various recorded delivery letters back and forth between Lowell and Bryan Carter (previously "appointed" solicitor) in which I clearly stated the account was in dispute. Now I've recieved another CCJ threat from Buchanan Clark + Wells acting on behalf of Lowell, I'm just wondering what action to take?

I have half a mind to fight this as they have dragged their feet for well over a year since my prove it letter I don't think they have anything beyond a signed CCA, I have bank records from the time showing I had been paying the card off regularly each month. However the other option is keep my head down as the debt is 6 months from being statuate barred.

Any advice is welcome.

Also if I do call their bluff do I have the right to request and CCJ/court proceedings get done in my local court?

Thanks all

This is a copy of the one I used

Mr One's Address

23 High Street

London

ABC1 8YZ

The ABC Bank

 

1 Bank Square

Bank Town

BK1 7TD

 

Date: xxxx

Dear Sir or Madam

 

Account number - xxxxxxxxxx

Sort Code - xxxxxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account.

 

Further to this neither I nor my partner have a recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

Mr & Mrs One

Hi DonkeyB, does that mean I should send another data request to Lowell like the one above? My problem is I have done the first step of send a CCA request, I don't know the next correct course of action... Another CCA or something else(open to suggestions)?

I have just drafted this letter and will be sending to Capital One if no-one spots any problems

Date: 18/03/2010

Dear Sir or Madam

Account number – xxxxxxxxxxxxxxxx. The account number as provided by the Dept Collection Agency.

 

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that a "Default" notice has been placed against my account by a company alleging to have bought the dept from yourselves.

 

Neither I nor my partner have a recollection of ever receiving any correspondence from either yourselves or the Dept Collection Agency. I have sent requests to the Dept Collection Agency asking for the information below to which I have had no reply after over 3 months. I therefore require you, as the original creditor, provide me with the information requested at your earliest convenience.

1. You must supply me with a true copy of any agreements you have relating to me. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1234 567890.

2. You must supply me with a signed true and certified copy of the original default notice.

3. Any deed of assignment when the debt was sold on.

4. Any other personal data you have relating to me.

 

 

The address you would have on file for this account is xxxxxx.

I would request that this data is provided to myself within the next 28 days.

 

Yours faithfully

Looking at the s10 form on page 1, I'm not sure if that's what I need, it looks like it should be sent to the OC not the DCA, also the default has already been applied I'm now trying to get it removed.

Has anyone else got any idea why there is such a discrepancy between the defaulted date and the "Default" being applied to my file and would this be grounds on which to build my case with the CRA?

Also for further info:

My credit file states that I defaulted on 12/07/2005, however, the "Default" wasn't placed on my file until 01/03/2009.

There is absolutely no mention of the OC, which seems very strange they wouldn't have added a default to my account. How is it that DCA can add a "Default" 3 and a half years after the alleged date it happened?

Before 01/03/2009 my credit rating was 977 after Lowell got their fingers on my account it's down to 717!

I'm thinking as DCA have completely ignored my CCA am I now in a position to go on the offensive? By this I mean is there any threats I can now make towards DCA for breaking the law by ignoring my CCA?

I would like there to be some kind of stick I can use to rattle their cage before I send a letter to the CRA asking for the default to be removed. Giving the DCA an incentive to the reply favourably to CRAs request to have default remove. Does that make sense?

I will also send the SAR to OC see if that turns anything up.

Would this be the s10 you refer to:

Notice pursuant to s.10 of The Data Protection Act 1998.

Re: account no. xxxxxxxxxxxx

Account holder. xxxxxxxxxxxxxxxxxx

Address. xxxxxxxxxxxxxxxxxxxx

Whereas I have been a customer of xxxxx since xxxxx and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

signed

date

You say "after the recent rulings" do you have any links to what these rulings entail?

That said it should be the original lender putting the default and then the DCA chasing taking over the default.. the only people who should actually default you are the original lenders.

As you know your credit score dates back 6 years so if the original lenders haven't added a default to my credit score, coupled with the fact they can't produce a CCA then surely this must prove their claim is bogus?

It would appear we are in a very similar situation chewy if I hear anything I'll update you on here.

It's been awhile so thought I'd post an update.

The letter was sent and I got a reply back from Bryan Carter in Jan saying he had passed it on to Lowell Finance. As of today I have had no word from them so I'm thinking this matter was all done and busted.

However, I am applying for a mortgage and did a credit check to see what shape I was in, it turns out that Lowell have added a defaulted entry to my credit score , now I would think that as they haven't done anything to acknowledge I owe them money this defaulted entry should be removed? Has anyone had experience trying this and if so were you successful?

Edit: just noticed this post and thought I should mention this was added to my account last March(09) and was done through my old address which I wasn't receiving any mail from for over 2 years.

Good thinking

Thats what I was thinking but the CCA form states whoever owns the debt, in this case his client Lowell. But if thats the case then why send trough BC&c, is it just to get them to back off and let them know there is a dispute?

Thanks

Quick question.

I'm requesting the CCA in a letter to Bryan Carter and as far as I know I need to send a £1 cheque/postal order, who do I make it payable to BC&c or Lowell Financial Ltd.?

Thanks for the replies everyone, I must say speedy and helpful one and all.

I will follow Nailposts advice and start the CCA request via recorded delivery today. I'll keep you posted as to what the cretin has to say.

I'll also be adding my voice to the many calling for this guy to be reined in by the authorities.

Hi All,

I received a Final Notice from Bryan Carter today, this is the first and only time I have heard anything from this guy. It states that "Court Proceedings will be issued on 14th December. If payment not received blah blah". His client is Lowell Financial Ltd. chasing me for £2000.

First up what does this letter mean? The date is 3 days (Monday 14th Dec) away and there is the weekend so I effectively only have today (Friday 11th Dec) to sort something out. Will they be submitting the case to court on Monday so I could have a CCJ against me by Monday night by not being able to mount a responce in time thus defaulting.

If this means he'll be starting to submit the claim on Monday and I'll have time on co-ordinate a defence is there any advice on fighting BC in court? I have read around the forum about requesting all documents he has regarding the case and to get the hearing moved to Middlebrough and requesting the CCA(?). Is there anything else I need to consider.

Finally I have read BC uses a Bulk Court where there are no hearings, is this legal? can I request and do I have a legal right to a hearing before getting slapped with a bogus CCJ?

So many question but hopefully I have managed to get accross the bulk of my thought process/questions

Thanks