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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
    • Well, they trashed their last election manifesto pledges, so nothing new really is it? They just find weasel words to try to claim they haven't actually failed if you just look at it just a little squinted and in this particular way  - and are stupid.
    • I think they're inventing stuff now. They seem to know they won't be around to implement any of it.
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Lowell again again and prob again too


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hi folks

got the s.a.r that i didn`t request it consists of eight pges that are blank exept for headers across the top with the victims name,acc number,dates,balances,addresses etc then the last page that basically says that the addresses dont link but the name and date of birth are the same and the addresses are less than a mile apart

any ideas what to do next

the debt is not old enough to be statute barred.dont want to do anything that could be interpreted as an admission of liability

thanx

S.C

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hi folks

got the s.a.r that i didn`t request it consists of eight pges that are blank exept for headers across the top with the victims name,acc number,dates,balances,addresses etc then the last page that basically says that the addresses dont link but the name and date of birth are the same and the addresses are less than a mile apart

any ideas what to do next

the debt is not old enough to be statute barred.dont want to do anything that could be interpreted as an admission of liability

thanx

S.C

SC you have these clowns by the spherical objects. Im sure the press would be interested on them passing you on details of other peoples alleged debts. You really should consult your MP as well.

 

This just shows how Hi Tech their tracing system is. They obviously send out threatogrammes to everybody with a similar name and Date of Birth.

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This just shows how Hi Tech their tracing system is. They obviously send out threatogrammes to everybody with a similar name and Date of Birth.

 

I think that's probably true - they caught me in their net for a small peanuts debt that wasn't mine, which is why I ended up on CAG in the first place.

They insist their tracing department is "one of the best in the UK" and they "very rarely make mistakes" but that's quite obviously a pile of ____ or there wouldn't be any need to send out "we think you might have lived at xxx address at some point, could you let us know" and then they start the bullying regardless.

 

Does anyone know if Lowell actually have a tracing dept?? Is the tracing work done by another company (as is common) or do they just not bother in order to save money??

 

Shrodingers Cat (fantastic name - Dead or Alive?? ;)) make sure you complain about them. It's important to turn up the heat on the real a___holes. Electrica77's idea sounds pretty good to me........

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Shrodingers Cat (fantastic name - Dead or Alive?? ;)) make sure you complain about them. It's important to turn up the heat on the real a___holes. Electrica77's idea sounds pretty good to me........

 

No actally alive and dead at the same time :D makes me sound like i know what i`m talking about eh but i`m afraid quantum physics is well out of my league

its the worst day of work today and i cant think about anything else or the books wont balance,i`ll get back to you people tomorrow.

Thanks loads

S.C

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SC

You now need to send off a CCA to our friends in Leeds. I can tell you now that as its and ALLEGED Capone debt they will not be able to come up with anything which is remotely enforcable in Court. They will doubtless make you wonderful offers of at least 60% discount on what they say you owe. However without the proper paperwork they cannot PROVE you owe anything so 60% of nothing is nothing. Considering this shower bought this alleged debt for pennies in the pound I would not be in the least bit concerned about them.

 

As for the information they sent you I would definately take this further and as you already know there are plent on here who can advise you as to the best way forward.

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hi folks

had a think over the weekend and i`ve decided to write to lowell explaing to them that the sar they sent me is not mine as the only similarity between me and the alleged debtor is the name and that i have forwarded it to the add in question with a letter explaining their right to complain under the data protection act but i need to know what part of the act they have broken so if anyone`s out there who knows please post it and any other helpful hints you might have specially anyone who i might have pm`d

thanx muchly

S.C

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Personally I would not make Lowell aware of their Serious Breach of the DPA. I would be straight on to the ICO, the OFT and if I could get the press involved so much the better

 

After all look at the blurb on their own website. They are so Professional etc etc. They do not make mistakes

 

Lowell Group maintains the highest standards of professionalism to both protect our clients' reputations and to establish ongoing and long term client relationships.

We are committed to taking a fair, sensitive and ethical approach to debt recovery. We comply fully with Government guidelines and industry trade and regulatory bodies. We are also:

PicExportError A founding member of the Debt Buyers and

Sellers Group

PicExportError Regulated by the Credit Services Association,

the Debt Buyers and Sellers Group and the Data Protection Authority

PicExportError Members of the Consumer Credit Trade Association and the Civil Courts Users Association

PicExportError Committed to complying with the Banking Code of Conduct

Lowell Group - our superior systems deliver market leading efficiency

 

Lowell Group has developed advanced, operational support systems with leading edge technologies providing both scaleability and reliability, and allowing us to continually enhance our overall performance.

 

Lowell Group has an unrivalled technological infrastructure as a result of:

PicExportError Continuous research and development

PicExportError Innovative workflow collections software that supports the diverse range of dynamic collection strategies

PicExportError Fully integrated, bespoke trace engine that provides an accurate and high volume trace solution

PicExportError Multiple contact channels incorporating a sophisticated predictive dialler and telephony platform

PicExportError An offsite paralleled system architecture that ensures complete business continuity at all times

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hi

too late i`ve sent them this

 

dear sir/madam

I have received the subject access request that I did not ask you for and it seems the only thing this person and myself have in common is the name.

I have told you on numerous occasions that I am not the person that this debt pertains to and this proves it.

I have forwarded the letter to the address in question along with details of how you have broken the data protection act in sending it to me and who to complain to.

As for myself what follows is the course of action I have decided upon ;

 

 

Consumer Credit Act 1974

 

 

I do not acknowledge ANY debt to your company. I require you to supply the

following documentation before I will correspond further on this matter.

1). You must supply me with a true copy of the alleged agreement you refer to.

This is my right under your obligation to supply a copy of the agreement under

the legislation contained within s.78 (1) Consumer Credit Act 1974 -

(s.77 (1) for fixed sum credit).

I enclose a postal order to the value of £1 in payment of the statutory fee. This is not to

be applied as any kind of payment to the disputed account.

2). A signed true copy of the deed of assignment of the above referenced agreement

that you allege exists.

3). You are notified that you are obliged to supply these documents, whether you are the

original creditor or not under S189 of the CCA 1974.

 

 

Non-compliance with my request is a criminal offence under the above Act and will

result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the

customer is totally unenforceable under the CCA and therefore is a complete defence to

any court claim that is issued.

 

 

Take note at this stage, that any legal action you may contemplate will be both

vigorously defended and contested.

 

 

good or bad ?

 

S.C

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They surely won't be stupid enough to break DP again by supplying you with the CCA. But, then again, this is lowells you're dealing with, so who knows :rolleyes:

 

Hope you kept a copy of the stuff they sent you for complaints to all the authorities...

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Hi schrodingers cat

 

I sent that letter on Friday, they replied me today saying "We are in receipt of your request for a copy of executed credit agreement in accordance with section 77(1) and /or 78(1) of consumer credit act 1974.

 

The account agreement to which you seek is not regulated agreement under the consumer credit act 1974 and the provisions act do not apply to this debt,

 

our client therefore has no obligation under provision of the Act to supply the info requested by you.

 

also asking me contact them immediately.

 

Please help

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Hi schrodingers cat

 

I sent that letter on Friday, they replied me today saying "We are in receipt of your request for a copy of executed credit agreement in accordance with section 77(1) and /or 78(1) of consumer credit act 1974.

 

The account agreement to which you seek is not regulated agreement under the consumer credit act 1974 and the provisions act do not apply to this debt,

 

our client therefore has no obligation under provision of the Act to supply the info requested by you.

 

also asking me contact them immediately.

 

Please help

 

hi

i`m pretty new at this myself but from what i`ve read mobile phones do not come under the consumer credit act its out of my league i`m afraid but i`m sure someone will be along to help

take a breath and chill out lowell are losers who mostly take on debts that are uncollectable yours will prob be one of these.there will be a way outa this

S.C

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and to quote someone on this site "never speak to them ever" :)

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I think they referring the T-Mobile account, which i never have or had in my life.

 

SC is correct. Mobile accounts are not covered by the CCA 1974.

 

As you're saying you've never had a t-mobile account send this 'prove it' letter to the numpties:

 

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

 

Amend to suit, send recorded, DO NOT SIGN, print your name, keep copies of everything and good luck.

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