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

[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

[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

[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

[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

[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

[schrodingers cat]

thanx for that i`ll be posting it on monday

S.C

[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

[schrodingers cat]

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

its not only them thats confused

[schrodingers cat]

hi

i only had a vague idea of what the letter i sent was saying but it looks like they had no idea. i didn`t request anything did i ? and what does them sending me all my stuff actually achive ?

is it they are sending me everything they have and thats the end of it (doubt that) i`m confused :? any help in clarifying this woul be appriciated and is there anything else i need to send

thanx

S.C

[schrodingers cat]

They've confused an S.10 notice with an S.A.R - (Subject Access Request) poor dears

 

hi

is that good or bad,should i send an s10 or leave it to see what happens.thought an s.a.r costs a tenner

s.c

[schrodingers cat]

Oops...I thought you'd sent an S.10 as per ODC's post.

 

What did you send? I'm a bit fuzzy after my week away :o

 

hi

i did send an s10 but got a reply like i`d asked for an s.a.r.

just thought it might be some new tactic to avoid the fact i`d s10`d them if this is the case are they still going to do as the s10 requires or should i write again pointing out i didn`t ask for an s.a.r and s10 them again.

hope this makes sense it does in my head but thats no indication of anything

S.C

[schrodingers cat]

hi

what good will a s.a.r do me ? if its going to be of use i`ll wait for it to come,dont want to jepardise my free tenner`s worth off them

but i also dont want them poking round either and thats what the s10 was spose to achive

I`m not who they think i am and dont want to incurr any defaults that the person they are after might have created

S.C

[schrodingers cat]

i`ve drafted my reply if anyone would care to comment or correct my terrible spelling and punctuation feel free

 

Dear sir/Madam

With reference to your letter dated 19 June. I did not send you a subject access request what I sent was this ;

 

 

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.

 

 

If you also wish to send me all the information on this account please do so but be warned that I am not the person in question and in no way will I be responsible for paying the £10 fee for the subject access request

I also think it would be reasonable for you to offer some form of payment to me for the time and costs involved in this action you are taking against me lets say £10 for every letter that I have to send to you or your affiliates from this date forward

 

 

is that too in your face or what should i scrub the pay me for my time thing

S.C

[schrodingers cat]

Hi, I now do the same thing, I work out, on avarage, a price per hour for my time (on weekends it is particularly expensive as it is family time) plus any other costs..I go on the average wage doing my job as in a self employed capacity, £30-40 ph. So every letter, I send a charge of £35 (which is fair I think)...most calls have now stopped and have not heard from on dca at all....since sending a rather forward, proove it letter..lol

 

you should send the debt collectors round i`m sure at £35 a letter they owe you a fair bit.dont send lowell tho they are useless try red collections lets see them get money off themselves

S.C

[schrodingers cat]

Surely if Clownells charge people an Administration Charge then people are entitled to Charge them an Administration Charge to answer their begging letters regarding their frivolous and unsubstantiated claims

 

i`ve often wondered how is it these people can just pull some figure out of the air and thats what you get charged its madness and i cant see a valid reason why we cant do the same but if anyone can please let me know soon cos i`m about to try it

S.C

[schrodingers cat]

I'd have had enough to pay a LOT of the alleged debts I was supossed to have if I'd charged them all administration fees

 

Go for it SC

i will i`ll let you know how it went

[schrodingers cat]

I have had several £35 cheques sent to me

and i was only going to charge them a tenner.forgot about inflation :grin:

S.C

[schrodingers cat]

From which DCAs?

 

your after a new source of income here

[schrodingers cat]

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

[schrodingers cat]

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 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

[schrodingers cat]

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

[schrodingers cat]

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

[schrodingers cat]

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