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Everything posted by BRIGADIER2JCS

  1. As said previously Fused a default at this late date is highly unlikely and would easily be challenged at the moment the entry (s) are a nuisance and I think you correct in writing requesting removal now.
  2. Hi Rick welcome, For an alleged debt of less than £20 highly unlikely to issue a CC claim. More likely to register a default on credit reference file instead. Write asking for unequivocal proof of any such debt, state you do not acknowledge any liability for the alleged amount owed.
  3. I agree Coniff he made a good point. What is " behind" the scenes may well be somewhat different from that we see on news media.
  4. I think a "test" the water letter I regard to financial redress is a reasonable approach if this fails to produce a positive response escalate to a " letter before action" but you Must be prepared to follow this through if necessary.
  5. Write to the Data Controller at the CRA (s) involved and state that you requires a notice of correction place on the files that the debt is statute barred. This record will certainly damage any application I suspect especially if the outstanding balance is large. As the creditor has not made any contact and you have neither paid or acknowledged the alleged debt you can most certainly write the creditors Data Controller informing them that the account is statute barred and you therefore do not acknowledge any liability and will not make any payment now or in the future. Also because of the creditors failure to default the account within the guidelines laid down by the ICO the CRA entry is now an unfair record.
  6. An investigation such as this will take time 10 -14 days is not a reasonable time scale in which to expect results if the matter is to be investigated properly.
  7. The elections in the UK are secret ballots as has been said, if confidential information has been passed to parties/candidates in an election at any level and you believe your specific information as your vote has been divulged a complaint should be made. I think the first port of call is the "returning officer".
  8. I most certainly agree with catchthemonkey this judgement changes much. No doubt we will see a raft of pointless discussion on this now!
  9. Hello Gia, I would suggest that you write to this nervous manager and insist that all that he said is put in writing, it has already been seen how provident conveniently forget, lose, and deny conversations and correspondence. (Don't ask Demand).
  10. Don't worry about any further defaults happening now or in the future it's not going to happen! Even if it did it is very easy to challenge.
  11. Exactly my point UB, the inclusion of the RBS data is a big mistake and certainly makes the recon non compliant. If I have enough time left here I will attempt to put something together to put Lowell away for good on this.
  12. That is exactly the point UB the inclusion of data relating to 3rd party (RBS) and possibly disclosing information, in my opinion totally disqualifies the recon. No offers don't give in to them while I still have time here I'll try to put something together.
  13. No most certainly they cannot default anything the default was placed by the original creditor and there can never be another one. The DN will have been issued by the creditor, you did not satisfy the default, so the account was defaulted by the creditor then sold.
  14. Just reject is as non compliant they know it is and are chancing that you don't. e.g. Thank you for your response to my CCA request dated xx/xx/xxxx please note the document supplied does not meet the requirements of the request as a copy or a reconstruction of the original agreement and it is therefore rejected and this alleged debt remains unenforceable via the court system. Make them do the work!!
  15. The RBS data is enough to reject the recon outright. It's very hard to assess what is missing or is relevant. This is a bad mistake by Lowell, if I may I'd like to think on approach to get Lowell to back down completely if you can wait for an answer?
  16. From what I seeing very many people are getting a rash of PPI/accident claims cold calls and advertising drops, unconnected with DCAs had em myself 5 cold callers on PPI this week and I'm not involved with Wescott or any other DCA.
  17. A reconstituted agreement must have. Your name and address as at the inception of the agreement and the closure and the same for the creditor. The Complete Ts & Cs at inception and closure. All material amendments to the Ts & Cs during the life of the agreement. Any document mentioned in the Ts & Cs. Without all these parts the recon fails to satisfy the CCA request.
  18. No the process is pretty well fool proof DN sent, not satisfied account terminated and sold on. From what you say the document provided is a very poor effort at producing a " reconstituted agreement and it does not satisfy a CCA request, it should be rejected as non compliant. Agreements don't have to be supplied with a SAR, and the deed of assignment is the contract of sale between the creditor and the debt purchaser and is confidential. A recon agreement must have> Your name and address at the inception of the account, ditto for the creditor. The Ts & Cs in force at inception and closure of the account. All material amendments to the Ts & Cs during the life of the agreement. Any document (s) mentioned in the Ts & Cs. If any part is not present the recon fails.
  19. LS an excellent result achieved by real guts and persistence, well done!!
  20. aristilus I don't see your address provided on this alleged agreement, was it there, have you redacted it.
  21. Have you done a SAR as well as the CCA request? If not the SAR to the original creditor Is a good idea.
  22. Hi, Welcome to CAG, If take a look at other threads regarding Cabot you will see it tends to make up " rules" to suit its own purpose. I would suggest a CCA request to Cabot immediately (Statutory Fee £1.00, use a postal order clearly marked " for statutory fee only" keep a copy of the PO> Cabot have 12+ 2 Working Days to comply). There is a basic template in the CAG library edit it to suit. Is there PPI on this?
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