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    • Paragraph 18 – you are still talking about Boston stolen items. About time this was fixed??? Paragraph 19  In any event, the claimant's PS5 gaming device was correctly declared and correctly valued. The defendant accepted it for carriage and was even prepared to earn extra money by selling sell insurance in case of its loss or damage. New paragraph 20 – this the defendant routinely sells insurance in respect of "no compensation" items (a secondary contract contrary to section 72 CRA 2015) new paragraph above paragraph 20 – the defendant purports to limit its liability in respect of lost or damaged items. This is contrary to section 57 of the consumer rights act 2015. The defendant offers to extend their liability if their customer purchases an insurance cover for an extra sum of money. This insurance is a secondary contract calculated to exclude or limit their liability for the defendants contractual breaches and is contrary to section 72 of the consumer rights act 2015. New paragraph below paragraph 42 – the defendant merely relies on "standard industry practice" You haven't pointed to the place in your bundle of the Telegraph newspaper extract. You have to jiggle the paragraphs around. Even though I have suggested new paragraph numbers, the order I have suggested is on your existing version 5. You will have to work it out for your next version. Good luck!   Let's see version 6 Separately, would you be kind enough to send me an unredacted to me at our admin email address.
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    • As already mentioned freely available "credit scores" are fairly useless. All lenders have their own "credit scoring" system, that for obvious reasons they don't divulge. And they're "scored" differently to the freely available ones. As soon as they could, we've always encouraged our two children to use credit cards responsibly... Pay off in full, etc, to generate good history. It's paid off. At quite young ages, they have both obtained loans for cars, mortgage and their credit card limits are through the roof. Personally, I have shifted debt around a lot on credit cards (even financed a house purchase once at 0% 😉) and I've only ever been refused a credit card once, sorry twice by the same company, over many years. They must have something very different in their lending criteria. You're a tight one, Mr Branson.
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Lowell yet again..............


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Another harrased newbie apologies.My first contact with Lowell was before I started reading this fine board. I am not going to be too specific as it appears they read this board as well.

At the beginning of Sept. they left a message on the answering machine to contact them urgently.Niavely I responded and they told me they were chasing a £1,000 Visa debt from 1993. I genuinely had forgotten about it (its not on any of my credit reports) and denied all knowledge.To cut a long story short I suggested they had the wrong person and suggested if they had any evidence they should post it to me and I would have a look at it.

Since then they have not sent any written communication.But I receive about 2 or 3 phone calls a day from them which I never answer ( I recognise the number) and the occasional aggressive answering machine message.

I am fairly confident from reading these splendid forums I am doing the correct thing but is still very stressfull and I would appreciate some further advice.Thanks.

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The reason they haven't written is either because they haven't got your address or much more likely, none of them have learnt how to write yet.

 

Next time they ring, pluck up your courage and answer it. Have a note beside the phone of what you want to say-say it then hang up. If they drown you out before you have finished, hang up then-do not engage in any

dialogue with them.

 

Something along these lines-"are you still ringing me? I told you last time we spoke that I had no recollection of this debt-and I still haven't. I also asked you to write to me with full details. You haven't done so. Get your act in gear

as the next phone call will result in a strong complaint to my local Trading Standards office. I have already kept your ansaphone messages and my phone has been fitted with a tape recorder so anything you say will be

reported. Now I hope that this will be the end of your harassment. If not I will

question your suitability to have a Consumer Credit Licence. I have checked

my credit file and nothing is showing on there, so not only have you got the

wrong person, I have now found out that a debt that old is statute barred, so even the person you should be chasing is exempt from paying it. I trust

I will hear no more from you in the future. Goodbye." Slam the phone down.

Read it at a speed that makes it difficult for them to interrupt and do not pause at full stops or question marks. Practice saying it a few times and

then when you are ready, let them have it. Enjoy it. And reclaim your phone so you don't have to check who is calling.

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Next time they ring refuse to answer their security questions then,

before they ring off, insist on obtaining the name of the poor idiot who has called you, their place in the hierarchy, their telephone number and address.

Tell them you are logging the details along with the date and time of the call to provide evidence to make a complaint to the relevant authorities. Not for them but these include Ofcom, (harassment by telephone), Oft (questioning their right/suitability to hold a credit licence), information commissioner (misuse of database). Then ring off with a cheery byeee.....

In the meantime write a short, three paragraph letter to them telling them to remove your name and telephone number from their Sinclair ZX database. They must comply if you ask them to do so.

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If they do contact you in writing send the Leeds Losers the Staute Barred Letter.

As has been suggested they probably dont have my address.............but I am still confused about the phone calls.Do I just ignore them or should I (as has been suggested) confront them?

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As has been suggested they probably dont have my address.............but I am still confused about the phone calls.Do I just ignore them or should I (as has been suggested) confront them?

 

If you send the letter, just log down the fact they called you - date, time company. Put the phone down

 

If they call you more than three times, send a formal complaint under their complaints procedure. After that, complain to the Financial Ombudsman Service.

 

You might also want to complain to their trading standards, and the original creditor.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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As has been suggested they probably dont have my address.............but I am still confused about the phone calls.Do I just ignore them or should I (as has been suggested) confront them?

If they phone you, do NOT engage in any conversation with them hard as this may be. Clownells employ some of the most agressive ignoramuses of any DCA. As Tom says take a note of the date and time of the call. Once they identify themselves either set the phone down or leave it off the hook while you go and do something useful. They are paying for the call.

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If they phone you, do NOT engage in any conversation with them hard as this may be. Clownells employ some of the most agressive ignoramuses of any DCA. As Tom says take a note of the date and time of the call. Once they identify themselves either set the phone down or leave it off the hook while you go and do something useful. They are paying for the call.

 

It can also be nice to lay on some music... you know, toilett flushing, or whistle blowing, or perhapse the noisiest football hooter you can find.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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i have now had to set up a direct debit for money i have never ever spent money that i cant afford and dont know how to stop this

 

Chiropodist, cancel that direct debit now.

 

If this account is not yours then why should you pay anything at all. At the very worst, Lowell could take you to court where thay would have to prove the debt was yours and from what you are saying, they cannot do so.

 

Send off the CCA letter with the £1 fee ASAP and wait to see what happens.

When they fail to produce an agreement and they will fail if what you say is correct, report them to Trading Standards, OFT etc.

 

I would also see about reclaiming any moneys already paid as it is one thing paying a debt which is yours but with no agreement as opposed to paying somebody elses debt after threats and harrasment.

Of course I will pay you everything you say I owe with no proof.

Oooh Look....Flying Pigs

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They are still phoning , I am still not answering and have not received any written communication. Do they eventually give up ?

have you sent statued letter to them.they wrote to my son there debt is with hsbc my son says he did not have account with them at that time he was with nat west,now he has just got new account with hsbc surely if he owed money to hsbc he would of not got new account,his credit rating is fine so do you think they are pulling a fast one.

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have you sent statued letter to them.they wrote to my son there debt is with hsbc my son says he did not have account with them at that time he was with nat west,now he has just got new account with hsbc surely if he owed money to hsbc he would of not got new account,his credit rating is fine so do you think they are pulling a fast one.

They have never written to me just continual phoning , which I ignore.I dont really want to get in to written communication with them................

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  • 2 weeks later...

I have finally got a letter from Red who say they are acting on behalf of thier client Lowell (snigger).The letter mentions the debt but there is no proof of debt or even the date of debt. They mentioned by phone a couple of months ago now that it was from 1992.Its so lame I am half tempted to ignore the letter or is worth firing off the template letter to them ?

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If its from 1992 you need to send the Statute Barred letter to them.....

See thats the thing.They phoned us up a couple of months ago and told us the alleged debt was from 1992.We denied all knowledge of the debt and said if you think we have a debt send us some proof.They became aggressive and so we put the phone down on them.

I then did some research online and found this forum.Since then they have been continually phoning us (we never answer).

Then finally this lame letter from Red.It is the first written communication from either Red or Lowell. It has NO proof of debt and doesnt even mention the date of the "debt".Thats why I am tempted not to respond at all.

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You are under no obligation to write to them. The debt is so old and they

should not be pursuing you now for it. They know they cannot take you to Court because of the age of the debt.

It is just a question if you can last out all the letters and possible phone calls

they may send before they give up.

The one advantage of sending a letter to them telling that you know there is nothing they can do is the letters should stop. But if you can stand it, and

can't be bothered to respond, feel free.........it's their time and stationery

they are wasting.

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You are under no obligation to write to them. The debt is so old and they

should not be pursuing you now for it. They know they cannot take you to Court because of the age of the debt.

It is just a question if you can last out all the letters and possible phone calls

they may send before they give up.

The one advantage of sending a letter to them telling that you know there is nothing they can do is the letters should stop. But if you can stand it, and

can't be bothered to respond, feel free.........it's their time and stationery

they are wasting.

Sorry I am getting paranoid about it but is there any way sending the letter could encourage them ? By almost acknowledging them ?

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Sending them the Statute Barred letter shifts the burden of proof to them to prove the debt is Not Statute Barred. They are idiots so remember this when dealing with them. They are full of flatulence. Do not worry about them. Had they any proof they would have taken you to Court. They have diddly squat so its time you told them so.

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Sending them the Statute Barred letter shifts the burden of proof to them to prove the debt is Not Statute Barred. They are idiots so remember this when dealing with them. They are full of flatulence. Do not worry about them. Had they any proof they would have taken you to Court. They have diddly squat so its time you told them so.

Ok I will do the letter this weekend. Much appreciate your and others support.

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