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PJMCM

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  1. At present there is no "conclusion" to speak of. Things are still ongoing but let's just say I'm not as worried as I was a few months back. I'm fully aware - and appreciative - of the fact that people give their time and knowledge voluntarily, and without recompense, on this and most other forums. I used to do so myself on a very busy guitar-related forum. I tended to mostly frequent the "newbie" areas, as I enjoyed imparting the knowledge I had and also enjoyed seeing people grow as they learned. I was put off that forum, funnily enough, by similar posters to DX. Unfortunately guys like DX spoil the party for me! I get the impression that he - and others like him - post with the sentiment of "look at me - I know something you don't know. Am I not just wonderful?" In other words, they do it to show off. I got the impression that he was laughing at me as he apparently knows more about this subject than I do. That may or may not be the case, but his "bedside manner" is certainly lacking somewhat. I'm afraid that I have a very low tolerance level for people like that, hence my reactions. Thanks again everyone - except DX!! - for your contributions and advice.
  2. And you for one will never know. Your wee sarcastic digs are the reason I haven't kept this thread up to date and never will. If you think I'm posting on here so that you can post wee smileys and try to look smart, then think again. There are plenty of web resources available where people can get sarcasm-free advice you know.
  3. Thanks both... @fkofilee I didn't see anything on any of the CCA docs which indicate they were issued in England. I assume that, as the alleged debts were incurred in Scotland - ie where I lived at the time and still do - then Scottish Law applies. I am aware of the 5/6 year Statue rule (Prescription & Limitation here in Scotland) but none of these are at that stage yet. @andyorch appreciated...
  4. Andy, You asked "please lets deal with the problem to hand.". Can you elaborate please? If you're talking about the original query I came to the forum with, then that's exactly what I was trying to do! You will see in the thread that DX advised that I should just ignore Lowells as they were apparently not familiar with Scottish Law or something. Whilst that's easy to say, it causes me concern as I don't know exactly which parts of Scots Law DX is referring to. It's me who's at risk of ending up in the courts, so whilst I would love to be able to just ignore Lowells, would only do so if I was sure of my legal footing, if you get my meaning. So if we want to go back to discussing that issue without the sarcasm and the wee smarty-pants smilies, then I'd gladly do so - maybe some other users can even glean some helpful info at the same time....
  5. Andy The laughing smilies were in direct response to a comment I made in a previous reply. I appreciate that everyone here volunteers, and also appreciate any help that I - and others - have received. However, sarcasm is, in my ever-so-humble opinion, unwelcome, unprofessional and, in this instance, unnecessary. Even worse is that the wee sarcastic smilies were posted by someone who is supposedly part of the "Site Team". Sorry if I caused offence, but my opinion stands I'm afraid.
  6. I didn't actually think there was a Scottish version of the CCA, hence my remarks in brackets... "(or whatever part of the Law applies)" The wee sarcastic smilies were therefore unnecessary. They're also not smart or clever - (edit ) TBH. I came here looking for sensible advice as it seemed to be the best forum I found on the subject. To make glib comments like "the way they describe how Scottish legal system works is wrong" is easy but really needs to be qualified, which is why I asked for clarification on WHY they were wrong. Obviously I was maybe unlucky in that the resident "expert" on Scottish Law (edit). I'll look for either another forum where the members - particularly those who call themselves "mods" - post with some decorum and consideration for people asking for help. Or I'll possibly seek some professional help....with the emphasis on professional
  7. @dx Thanks for the advice you provided on this thread re Lowells, it's very much appreciated. I'm a bit confused though... There are obviously parts of Scottish Law that I'm unfamiliar with, as I thought that these three CCA docs which Lowell provided were legit and that they were therefore entitled to chase me for payment. Maybe you can help by letting me know which parts of the Scottish version of the CCA (or whatever part of the Law applies) they don't adhere to?? I'd love to ignore them as you advised, but worry that they may still be entitled to enforce the debts and I end up in court. Also, you advised on the Provi and Creation debts - any advice on the Vanquis one? Thanks again...
  8. No idea about interest rebates unfortunately. Provident were pretty lax with loans if I remember right. My ex had a pal who was friendly with their agent. What happened was that the ex would call her pal and tell her how much was wanted. The agent would appear maybe the next day with the cash and the agreement/s. I don't recall any affordability checks being carried out. Absolutely mental in hindsight, but those were desperate times, to say the least!
  9. On the top right of each agreement scan there is a different reference number, which I redacted. So although a few were issued on the same date, there are 5 in total. And finally....communications re the alleged Creation Finance debt. Again, I think everything identifiable has been obscured and I've protected the PDF ....jeez, too much to remember!!! Lowell offered two discounts again of 40% and 60% before I requested the CCA. Strange thing is that I can find no trace of this debt on either Experian or Noddle???? Lowell_Creation.pdf
  10. Yes, there were discount letters, but I didn't upload to keep the file size down. I'll upload these later if you think they're necessary. All separate agreements I'm afraid. Discount letter attached. There was only one with the Provi stuff - thought there were two. Should be 5 loans in total??? And yes, on most occasions - if not all - if I remember correctly part of the new loans was used to clear the balance/s on the previous loans. Comms re alleged Vanquis debt attached... .(I trust that this is edited/redacted properly - I can't see anything identifiable left behind) Don't know what I can say about this. Approved via internet in about 4 minutes using a hotmail address!! Lowell offered discounts of 50% and 60% before I sent the CCA letter. Lowell_Prov_Discount.pdf Lowell_Vanquis.pdf Lowell CCA return provident loans.pdf
  11. Sorry for the delay, but I've now attached the latest communication from Lowells re the alleged Provident debts, along with the CCA docs they sent in response to my request. Advice gratefully accepted..... Similar comms re the other claims will follow as soon as I can get them scanned etc.
  12. Thanks - no panic, just concern obviously and a desire to find the best way forward. I wasn't trying to imply that my ex had taken these debts out in my name, just trying to inform of the situation at the time. Yes, she was gambling compulsively and yes, we were taking out payday loans and all sorts to keep food on the table - mostly in my name unfortunately. So much so that I completely lost track. I paid off a load when we sold the house but was obviously forgot about these.. still do if the truth be tolld; it was a very confusing time, to put it mildly. The Vanquis debt is approaching SB date I think. There may also be charges associated with that which I may be able to get written off. Perhaps someone can advise on that once I manage to get the docs posted up. Was looking at a budget etc today. I'd be lucky if there's £30 left at the end of the month (if I send Lowells a copy of it they'd probably send me money out of sympathy............or maybe not, it's Lowells after all) Was thinking of initially speaking to the team at nationaldebtline.org as they're a charity, and not looking to make money from other people's misfortune like some others. Not sure about the Debt Relief Order - due to my job I have to be careful about how I resolve this or I could end up on the dole!! Meant to say... I requested the CCA docs from Lowells on 20/4/16 but it's taken them over six weeks to respond. Is the 12+2 days thing I've seen on here a legal thing? In other words, what would be the possible outcome if I wrote back and told them to get lost as they'd taken to long to supply the requested info? Also, at one time they offered to discount both the Vanquis and Provident debts by about 40%. At the time though, I had my head firmly buried in the sand , adopting the "if I just ignore this, it will go away" stance!!
  13. Think I'm screwed Today I received CCA docs from Lowells in regard to the Provident debts. They look as if they might be genuine and actionable unfortunately. Maybe it's time to get professional help?? That said, I'd like opinion on the following please? They've sent me all the CCA docs in envolopes emblazoned with their name in big letters "Lowell Financial". Could this be in breach of the following sections on the CONC guidelines? The whole world knows that Lowell are debt collectors - shouldn't they be more discrete? I'll post up all the stuff they sent in a day or two once I can get it all scanned etc. Ta....
  14. Ta....it'll take me a few days to post up the docs. I'll do it ASAP. Maybe I wasn't clear - it's all still a bit confusing. Don't think the ex set these up - I can now recall some of what is being alleged, but not all and not all of the amounts being claimed. I don't recall reading any clause/s in any agreements re sharing of data with 3rd parties. I can perhaps understand the sharing of some data, like my name and address and the debt details, but I find it hard to believe that they are allowed to share my bank details without my express permission. With the Prov and Vanquis letters, Lowells sent account statements. I wouldn't question the start dates and I can see what payments etc have been made. I would have thought that any default date would coincide approximately with the date of the last payment. If this is correct, then the entries on Experian are wrong as the dates are way out.... The start dates were all prior to me moving out, so that's not the issue. It's the default dates I'm having a problem with. For example, lets assume the Provident debt is genuine. I would not have made any payments or had any dealings with them since around August 2012, yet the default date Lowell has posted on Experian is May 2014. That can't be right, surely...????
  15. this might take a while, but here goes.... I split with my ex late in 2012 – September or thereabouts She was a compulsive gambler and got us into all sorts of bother!!. We sold the house and paid off debts etc....or so I thought. A few months ago I started receiving letters from Lowells at my new address (presumably they found me via the Electoral Roll or similar). They were claiming payment for several different debts which they claimed I owed. I thought at the time of us splitting that there may have been the odd debt which was missed (my head wasn't in a great place at the time), but nothing like what they were on about. Details: Vanquis Credit Card - £778. I sent Lowells the usual CCA Letter and they have come back with an “electronically signed” agreement as I'd apparently applied for the card online. Along with that is a statement of account and the last transaction on this – other than their charges - is dated 1/12/2011 yet the default date on Experian is 31/8/2012??? Provident - £4,450 I sent Lowells the usual CCA Letter and they have come back with statements of accounts. These are merely like Excel spreadsheets with balances, payments etc with my name & address on them. They are not what I would consider legally-binding agreements under the CCA, and quite frankly, are documents which I could have run up myself in next to no time. The £4,450 is made up of several apparent individual loans with various start dates and all are listed on Experian with my old address on them. As stated I left that address late in 2012 not knowing about these debts and therefore have made no payments to them since then. Yet Lowells have the default date for all of them as 19/5/2014??? Creation Consumer Finance - £597 Again I sent Lowells the usual CCA Letter they have come back with an account statement and what I would say is part of the CCA Agreement. This is only one page and is signed by myself but it is a copy – not the original document. What concerns me about this is that the original creditor sent this copy agreement to Lowells with my bank account details on it. Obviously I would never have consented to this I'm wondering if this contravenes the DPA at all. Funnily enough, I cannot see this debt on Experian or on Noddle???? No idea what to do next. I'm loathe to give Lowells a penny – if I was dealing with the original creditors I'd enter into a plan of some kind. I'm not in any position where I can make significant payments. Help....?????
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