Bank Charges for Jooper

[Jooper]

Was thinking of sending this:

 

 

Thank you for your letter concerning my missing Data.

 

 

I was contacted by Lowells Portfolio 1 on the 18th june 2007.

They stated they had bought a debt of £384.73 from Abbey National Plc.

 

I had no record of the account and told them the account was "In Dispute"

This they have completely ignored and have perssued me for this money continually.

 

I have sent you a Subject Access Request asking for all my details.

You replied that you had no record of said account and returned my cheque for ten pounds.

 

The only piece of information I have which may be of assistance to you was my address at the time.

 

****** ******** ***************

 

I would like to point out at this point that I am disgusted that you can sell this supposed debt on to a third party yet have no record of my account.

 

If this address does not help you I suggest you contact Lowells Portfolio 1.

 

Hope that covers everything?

 

 

 

[Lula]

very good, I would also add something like, If you have no record of my account how can you possibly hope to prove that I owe you any money, I respectfully suggest that until such time that you can furnish me with details of my account and any monies owing, that you stop trying to collect via your Debt Collection Agency.

 

dont send this to Sheena small though this is nothing to do with her, send it to the customer complaints and the collections department, you must have some details of them somewhere in the paper work that you have

[Jooper]

It is not Abbey who are persuing the debt.They sold the debt to Lowells Portfolio 1 who I believe are a completely separate company.

 

Surely Abbey should still have a record of this account.

 

In one of the letters from the debt collectors they actually state that they,nor Abbey see any reason why I should not pay so they must have some contact.

Or it was not true.

I have no other email address to send this to so will have to send it to Ms Small.

Thanks for your help will email it now.

Cheers Jooper

[Lula]

Lowells should have a record and details of the debt that they are persuing. They have to be able to prove that you owe the debt, hang on i will ask a few others on how to proceed from here

[Jooper]

They have sent me a really bad print out of the account and it does not include account number,sort code or name or address.

 

The debt on this printout is made up entirely of bank charges which is why I have been trying to get the statements from Abbey themselves.

 

Thanks for your time and help.

Jooper

[Lula]

is there any way that you can scan it and post it on here?

[Jooper]

Unfortunately I do not have a scanner but will try to do it tomorrow.

Hope that will help,do you need all four pages?

 

Jooper

[Lula]

well if you can get to a scanner you might as well

[rory32]

Perhaps sending an official complaint to both Lowells and Abbey may be an idea as they can not substantiate the account. If they don't reply satisfactorily you can then make a complaint to the FOS.

[steven4064]

Hi jooper

 

In your propsed letter (post #26) I would add something along the lines of

 

I requested data applicable to me under a subject access request pursuant to section 7 of the Data Protection Act 1984 but you have not supplied me with any data that shows I had an account with Abbey plc (or whatever their correct title is) within the statutory period of 40 days. If you have such data, you have committed an offence under the Act by not supplying it to me.

 

If you don't have such data, by passing my personal details to Lovells Portfolio without my authorisation you have violated data protection principles (including but not limited to principles 2, 3 and 4) laid out in schedule 1 part 1 of the Data Protection Act 1984. This is also an offence under the Act.

 

I will give you a further 14 days to rectify this situation. If you do not respond positively within that timescale I shall commence proceedings in the county court without any further communication. I will be asking for compensation at the court's discretion for the distress caused to me by you and by Lovell's actions.

 

I shall also be making a formal complaint to the Information Commissioner and to the Financial Ombudsman.

[Lula]

thanks Steven and Rory

[rory32]

Just a quick amendment to Steven's excellent letter - it should read The Data Protection Act 1998 (1984 was the previous version of the Act).

[steven4064]

I knew that

[Jooper]

Firstly I would just like to say thank you for all who have taken time to look at my thread.I really appreciate it.

I have tried to scan the details into my friends computer but we did not seem to manage it.

We did however work out two things.

1:When I have contacted Abbey I have given them the reference number that Lowells Portfolio 1 have provided with all their corespondence.

It is now clear to me that Abbey have assumed this was the account number and is probably why they have found no details.

2:I now believe the numbers in the corner of the bad printout may actually be the account numbers and was thinking of sending this to Abbey.

 

 

 

Ref.***** *********

 

Further to my earlier emails I would like to point out at this time that ************* is the reference number that the debt collectors Lowells Portfolio 1 use in their correspondance with me.

It is not therefore an account number.

 

One of the correspondance I have recieved is a bad print out of the statements .

I can only guess that the numbers in the corner are said account number.

They are:***************************

 

I hope this will assist you in tracing the account as I have no more information.

 

Mr Jooper

 

I do want to get the information as I would like to claim back the charges as that is all the debt is made up of.I left the account in£3.13 credit and all the charges were then added later before the account was closed down.

 

Do you think I should post above email or leave it to them?

I have also today photocopied everything and have sent it to the Office Of Fair Trading as the debt collectors have persued me continually even though I told them the account was in Dispute in July.

 

Thanks again for all help and advice.

Jooper

[Lula]

Hi, yes that is fine, it is all they need, you shouldnt have to be doing this they should know what accounts they are sending to DCA's and have the information readily to hand, I would add that they have 14 working days to supply you with the information or you will consider the matter closed and expect any further contact from the Debt Collection Agency to cease

[Jooper]

I have been expecting them to cease ever since I told them the account was In Dispute.As ever there is always a massive difference between expectation and reality with these people.

I will add the 14 days part and e mail it now.

Thanks again for all help.

Jooper

[Lula]

I know but these people never seem to take the hint unless you say it a good few times

[Jooper]

I have just now received this e mail from Abbey.

 

Dear Mr Jooper

Based on the additional address information I have located an account and have today arranged to retrieve all the data held by Abbey. The information collated will be sent out to you as soon as I have received it from the respective business areas. In the meantime, I will send you a written acknowledgement confirming the original Abbey Account Number for your future reference.

Kind Regards

 

This can only be good news and has only taken six months! When I have the information I can see exactly what the situation involves.

Once I have said information how do I then go about retrieving or at least getting the charges removed?

Cheers Again to all

 

Jooper

[Lula]

Well whilst you are waiting you need to read the FAQ's and then you will need the template letters which are here, also, a good thing would be to read some threads in the abbey section and see how the claims go, if you have any further questions or need some help, post back in this thread and someone will be around to answer you

[steven4064]

Your situation is a little unusual. As I understand it, you haven't used this account for a long time and, when you last used it, it was in credit by a small amount. Since then, abbey have debited charges and now you have a large debt made up entirely of charges.

 

What Lula says is correct, however, before embarking on the usual process, it might be worth an intitial step of writing to them explaining the above and asking them to remove all the charges they have put on whilst you have not been using the account. If they refuse, then start the usual process as Lula suggests, although it will get put on hold until after the OFT test case.

[Jooper]

Yes as I stated earlier:

There are nineteen unpaid standing order charges of £30 a time.[£570]

Four of these were payed by me as the account ran and was then back in credit.

The account was left by me £3.13 in credit on the 01/07/01.

On the 06/08/01 seven charges at £30 a time were added.

Then on the 06/09/01 eight charges at £30 a time were added.

The rest were then put on in the form of int debit?at roughly seven or eight pounds each.I did actually then pay in a total £125 in small amounts before the account was closed by Abbey back in 2002 being £384.73 in Debt.

 

What I don't understand is how so many charges can be added ?unless was for a weekly direct debits maybe?

Also as the dates of the actual charges are over six years old is this debt now unenforceable?

The account itself was then closed on 21/05/02.

Does the debt itself run in conjunction with the closing of the account?Or from exact dates charged?

 

Thanks again for all help and advice.

Jooper

[steven4064]

I would just explain the situation in plain english (that will confuse them as they are not ysed to it themselves ) and ask for the charges to be removed.

[Jooper]

Sorry I have re edited last post if anyone has any advise on the timing of the debt questions in there it would be gratefully received.

Cheers Jooper

[Jooper]

Just to ask again:

There are nineteen unpaid standing order charges of £30 a time.[£570]

Four of these were payed by me as the account ran and was then back in credit.

The account was left by me £3.13 in credit on the 01/07/01.

On the 06/08/01 seven charges at £30 a time were added.

Then on the 06/09/01 eight charges at £30 a time were added.

The rest were then put on in the form of int debit?at roughly seven or eight pounds each.I did actually then pay in a total £125 in small amounts before the account was closed by Abbey back in 2002 being £384.73 in Debt.

 

What I don't understand is how so many charges can be added ?unless was for a weekly direct debits maybe?

 

Also as the dates of the actual charges are over six years old is this debt now unenforceable?

 

The account itself was then closed on 21/05/02.

 

Does the debt itself run in conjunction with the closing of the account?Or from exact dates charged?

 

Thanks again for all help and advice.

Jooper

[Lula]

not sure I have they defaulted you on your credit rating cos that is when the 6 years will run from, as for the charges, well, your guess is as good as mine, just put them all onto the spreadsheet and as you left the account in credit, all the interest that they charged you too