Lowell again again and prob again too

[schrodingers cat]

hi folks

got a are you this person who lived at this address three years ago letter from the lowell portfolio bout three weeks ago was adised by you folks to ignore it so i did,the follow up has arrived and its capital one on my case this ones from lowell financial tho.these lovely people want to give me the opportunity to discuss how we can work together to find a solution to clear my outstanding balance but untill i contact them they wont be able to offer their assistance

soz lowell but i dont think there`s a law that says i have to pay the debts of everyone else that just happens to share my name.

I was thinking of going with this letter

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

any input before i commit would be muchly appreciated

S.C

[babybear39]

Hi S.C,

 

Yep that's the one Make them prove it.

 

Good luck and best wishes.

 

PS: DO NOT SIGN IT, print your name. Send recorded and keep copies of everything.

Edited June 2, 2008 by babybear39
Forgot something

[ODC]

OMG are Lowell still chasing these UNENFORCABLE Capone debts.

[babybear39]

It would appear the ijits are

[dannyboy660]

Lowell seem to deal solely with SB and unenforceable debt. With this new unfair trading legislation coming into effect, why have they still got a CC license?? They are the lowest of the low and arguably one of the most persistent and bullying of them all. They make constant threats that they won't or can't carry out, and yet still they continue to write such crap as "we have reason to believe you used to live at xxx address, if you do not respond" etc, etc......

 

I was told about 18 months the OFT were looking into them. I know things changed recently with regards to OFT's interest and powers in such matters.....but why is nothing being done about the way Lowell operate??? All that scattergun approach stuff was supposedly outlawed years ago!!

 

I wish I could get a CC license and hold people to ransom over unsubstantiated debts...........

[schrodingers cat]

what are the chances of me billing them for the postage etc then surely if they dont pay i can send the enemy round to mr bartle

[ODC]

Statute barred and Unenforcable Debt is much cheaper to buy and if they can CONvince people to cough up then it becomes very profitable

[schrodingers cat]

Hi S.C,

 

Yep that's the one Make them prove it.

 

Good luck and best wishes.

 

PS: DO NOT SIGN IT, print your name. Send recorded and keep copies of everything.

went for one of those natty signature creators in the end.got visions of all the f**kwits trying to work out if its my signature on the agreement,that`s assuming they have anything with a signature on it.

S.C

[42man]

I would state in your next letter that you will be charging them £12 for every letter you have to write to them, Trading Standards, the OFT, your MP, and the Financial Ombudsman Service, or spend time consulting a lawyer....

[schrodingers cat]

oh and i think i`ve worked out how they think they`ve found the person they are looking for.got collared by some woman at a garage asking if i wanted their fuel credit card.could there be a data protection issue going on here ?

S.C

[babybear39]

went for one of those natty signature creators in the end.got visions of all the f**kwits trying to work out if its my signature on the agreement,that`s assuming they have anything with a signature on it.

S.C

 

I'd love to see them send you a copy of a CCA with that on it

 

TBH though it wouldn't surprise me

 

As for the woman at the garage, what info did you give her?

[schrodingers cat]

hi

gave her very little info think twas just name and address maybe d.o.b cos i remember thinking she didn`t wanna know much for a credit card and coincidently (god my spelling is atrocious i`ve got to check every word with more than six syllables even syllables) on the same day as the are you this person letter i got a letter off them asking me to phone them,i didnt bother

S.C

[babybear39]

Does sound a bit coincidental

[schrodingers cat]

hi folks

got my reply today from the prove i`m this person letter apparently they are looking into my enquiry and will respond to me as soon as possible

and i`m to be assured that they will try to resolve my enquiry at their earliest convenience

unfortunately they cant give me an exact date when this will be as they have to retrieve information from the original client or external bodies but they can guarantee that my enquiry is being delt with and i have no need to write again

any ideas what to do next,ignore it or can i push some more (please say yes) i`m tempted to send one along the lines of "as long as you dont break the data protection act while you are checking up" surely this is not the end of it

S.C

[babybear39]

Send them an S.10 notice to stop them processing your data

[ODC]

Here's one I prepared earlier

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

[babybear39]

Thanks ODC, I didn't have a copy but now I do

[ODC]

Thanks ODC, I didn't have a copy but now I do

Mines probably plagerised as well:D

[babybear39]

Ah well

[schrodingers cat]

thanx for that i`ll be posting it on monday

S.C

[babybear39]

Yay

[schrodingers cat]

Yay

is this spose to be fun

S.C

[schrodingers cat]

Here's one I prepared earlier

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the first, fourth and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

 

hi folks

i got a reply to this today and i`m baffled,hope you can help it goes like this

 

re subject access request

we refer to your correspondence regarding the above matter

we can confirm we have recieved your request for data subject access

all information that we hold in relation to this account will be forwarded to you within the 40 day time period

we will advise you further if it will take longer than the prescribed period to supply the required information

 

aaaaaaaaaaargh whats that mean besides they are sending me stuff and can they send me someone elses stuff without breaking the data protection act even if we have the same name

S.C

[ODC]

Looks like you've confused the Leeds Losers.

[schrodingers cat]

god your on the ball have you got some kinda sixth sense regarding the lowell fools

its not only them thats confused