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janet jones

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Everything posted by janet jones

  1. Thankyou i am aware of the set-aside, however i would have to take the company to court to defend myself and the cost at the moment is on the thousands...(advice from legal)..i dont have a few thousand pound hanging around...i simply cant afford to take them to court and they know it.Plus the company can afford the best solicitors..and i will have to defend myself...i dont stand a chance.This company have already violated nearly every guideline of the O.F.T.ive had to report them...and they can be raided by the O.F.T. ...and have now been reported for bringing a ccj agaisnt using decpetive purposes...i was lucky enough to get some free legal advice and lowell portfolio 1 ltd employ deceptive tatics.Although lowell have broken the O.F.Ts rules and did not before getting a ccj reply to any of my letters asking for a credit agreement...balance of account and deed of assigment..etc etc...nor did they afterwards nor did they provide a default notice, they debt was not pursued for over 7rs until recently and if it is not pursued after 6 years the debt is written off automatically by the law...the fact they came after me after nearly 7 yrs and did not contact me regarding the debt only to get a ccj on me, is a very serious matter with the O.F.T. and it is agianst the law.the O.F.T. are considering taking their credit licence away from the for this sort of disgusting underhand sneaky and unlawful behaviour...because so many people have had lowell pull the same trick on them.
  2. I am shocked because ive been told that asking for a copy of the credit agreement and not getting one ..means that the company dont have to provide proof theres a debt to begin with..i have been. told its a criminal offence when ive now found out ive been conned as its not against the law not to have proof.Ive had a company claim i owe debt adf they dont have a credit licence, the oft has said this is because either they dont exist or they dont trade in the uk...they also claim i bought goods worth £900 in a shop in the uk although the oft have stated theres no credit licence so no stores in the uk..plus the company have not been able to at any stage produce a statement of the account nor a deed of assigment and have refused to tell me and my dmc what the debt is for will not communicate with me in writing or any other way... and have refused to negotiate with a court..if a judge decides he wants me to pay this debt and sets up the payment amount, at the moment this is summized as im concerned it seems the court hasnt required proof i owe the debt and are unconcerned about the ofts advice and all the other details...ive also been informed that generally courts are not interested in whether its a real debt or not they just stamp the paperwork the company send them they dont look at it....How can they get away with this? especially when they have no proof and a court has made it clear they are not interested in whether this is genuine or not. The company have been featured on watchdog for fake [problem] debts ..and the court is not interested also that the oft are considering taking their credit licence form them for dishonest business practice...(company is and be warned:LOWELL PORTFOILIO 1 LTD)...the court has said very little about the situation and refuse to tell me if this is genuine or if they company have proof or not only that they said i owe the debt so therefore it seems good enough to them.So i dont know how much of what ive been told or actually reported in this comment about the actual court is right or wrong as the court are not co-operating fully either.I have had legal advice(i cant afford a solicitor so cant defend this in court..and been advised even if i did they would probably win any i feel they are not being honest now and can spring surprise proof on you and make you look stupid and guilty) and i have been advised things have not been done the way a court would normally handle much matters and its odd for this to happen and really strict court procedure should have been followed, maybe it was i dont know the court wont tell me anything only that ive been done, maybe the court wont talk because something is going on that should not be and ive been advised this is perhaps suspicious behaviour.Really at the end of the day i dont know because no one is talking to me about it and i cant get the company or the court to talk.
  3. I am in a similar situation, unfortuantely you cant prove a thing.Its not against the law not to produce proof you owe them money or to produce a copy of any of the credit agreements, unfortunately debt management companies are powerless and dmc only do informal agreements which means the company have no legal requirement to accept the repayments, the company can anytime refuse payments through a debt management company and get a ccj against you and again a dmc cannot do anything to except offer payments..they cannot negotiate and often will not.. with creditors and sort out things if you get a ccj thats up to you to figure out on your own...even though you are paying your debts and aknowledge them you can still get done by a court...as merely paying your debts is not enough.. Which is why many ppl get ccjs because they dont know the law and a dmc are not legally trained they just employ general advisory staff who often dont understand or have never dealt with ccjs.Whatever debt this company say you owe or whatever agreements they say you have signed you have to comply with or without proof from the company because the law does not say they have to produce the proof.Its your word against theres. bluespiderman;3725067]I've studied the SAR info further and it looks as if the following has occurred:- The original loan was taken out in 2002. My wife (well, she is now) could not afford to continue paying the debt as she went back into full time education following redundancy. A 'rescue package' was agreed which is the second loan issued in 2003. The interest was in effect frozen (well it was lowered drastically to 1%) and lower payments agreed. She then began to struggle with these payments. It looks as if the bank then decided to withdraw their good will and closed the second CCA in 2005, and opened a new account which appears to be without her authority as no signed CCA, which was back at a higher interest rate with even less chance of her affording the payments. She made some payments up to 2007, at which point the debt was sold to debt collection agencies.
  4. A company that claim you owe them debt does not have to have proof of or produce a copy of a credit agreement to say you owe them money...and they cannot be prosecuted or be brought to justice for it ..unless apparently an ombudsman wants to get them brought to justice.Although they are no ombudsmans who can actually do this i find this odd.Ive talked to the OFT...Trading standards..consumer direct... the financial ombudsman...debline...cccs..the fsa and many others all of them claim they dont deal with these issues and dont know of any ombudsman which governs such a thing.Which means basically you are up s*** creek without a paddle...and you cannot stop these companies doing this to people. The law claims through the consumer credit act of 1974 its a criminal offence etc not to produce a credit agreement when in fact it isnt an offence, wonder who wrote those laws?.. ..they can refuse to provide a credit agreement or any proof you owe them money..because you cant contest it.Unfortuantely almost any company can say you owe them money..and dont have to provide any proof..which certainly is unfair...as i feel they should by law have to have proof you owe a debt, as anyone could make up a story you do and force you to pay it.
  5. Creditors can reject anything you offer them through cccs they are not obligated to accept as you only have an informal agreement with cccs, this means that most creditors will push to get a ccj on you whether you agree to pay a debt or not a dmp is of little or no help, ive had it done to me and im with cccs, creditor accepted repayment with me and cccs then went behind my back and got a ccj against unfortunately i did not get the paperwork and the court say they are not responsible if you dont find out you have a ccj till its to late.I have found being on a dmp with any dmp company is not worth it as you get a ccj anyway and creditors are not honest and can fiddle their way with a court. The fact that i had a ccj put on me without the evidence of a credit agreement, i was informed the court are not interested in whether the company can prove you owe them any money..(i got this from the court themselves. and other authorities...and they say although it is up to the company to prove you owe them debt not the other way around..the court accept that a creditor claims you owe it..means you do) it does not go to a judge when you get a ccj (I got this info from the court themselves it goes through a postal admin dept and the company pay a fee to have the document stamped..a judge never sees it, unless you want to pay it in installements..i have had legal advice that says this isnt the case but the court have assured me they are right here..and who can argue with a court?) anyway,it is assumed by the court you owe the debt because the company say you do and thats good enough. The fact you get no default notice and nothing ever from a court to let you know their are or have been proceedings against you ..is of no concern to a court...and the fact they didnt inform you that a company has took out a ccj agaisnt you is no defence either.Courts seem to act on the say so of others.?..and i would have thought they would require some proof to get someone done,..and im concerned companies dont need to produce proof anyone owes them money which means anyone could make up a story you owe them money and apply to a court...BTW:you can buy a company for £14..99p on the inetrnet!
  6. WARNING: Just becuz a company like cccs claim they work on behalf of the client does not mean its true.I had been a client of CCCS for a long time.They need you to make their money.Like any money making business, they tell you what you want to hear to get you to sign a contract or agreement with them, and will alter it according to their needs or the story they are telling you at the time, telling you you have not signed a contract or an agreement but an understanding between you that you will in effect jump to their tune.They actually claim they work in your behalf to negotiate with creditors,in fact they wont even talk to a creditor unless it is to pay them ..something.. their aim is to make money from your payments in interest,and they will in effect more or less impress tehy dont have to honour the agreement by telling you to do their job by you negotiating with your own creditors,which is in essence the same as an informal agreement were you agree to do your own legwork in this case CCCS get money from your payments were in an informal agreement noone gets anything except your creditor. CCCS are indeed funded by voluntary donations by businesses..which means a creditor can be a donator if they wish,and which could also mean they recieve special treatment from CCCS.There is some discussion on whether CCCS should have their credit licence revoked...with the OFT.But as of yet they seem to be getting away with their behaviour.I have found them ..not all of them but some abusive, threatening and they use blacmail im some cases to force a client to pay debts that are not even proved theirs.i am one such victim.In some cases they also accept any debt from any company who contact them and claim the client owes them money and do not bother to get proof they take it as gospel.I am at the moment fighting CCCS as i have been able to establish a court ordered debt may have been fabricated by the creditor and debt may not been mine and yet CCCS have told me it does not matter if its legal I WILL pay it or else!..CCCS at present are not interested if this is a real debt or not CCCS may work for a lot of people, in many cases and many others they work for the best interests of the creditor,and will use like any debt collection agency any measures to terrifiy you into making their life easy by paying debts and amounts that they dont even have proof for.I would say be very aware of this company and be aware they like any other company anywhere do not employ honest people who always tell the truth and are necessarily working in your behalf.Plz be aware they will support creditors in many cases if they bring false debts against you and will not even check with a court in some cases whether you have anything agaisnt you...the word of the creditor that you owe money is considered more than enough proof to get money out of you through CCCS.
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