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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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Tears with Lowells


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Despite two written requests for Lowells complaints proceedure i've not had one, after 42mans letter i've not had any contact with them at all!

 

I know i shouldn't pay anything to them but this is effecting my credit score and restircting my from getting credit that i need right now! Are they allowed to place a default on my credit file when it would appear they can't confirm the debt.

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  • 5 months later...

Belive it or not this is still dragging on. I've not had any further communication from Lowells since sending my letter in August last year. In this letter is asked for proof of the debt which has not been provided.

 

Today i get a letter from BPO collections which follows the same sort of line as the previous letters from Lowels and their red debt collection department. Basically pay in a few days or we're taking you to court.

 

Proof has still not been provided that this debt actually exists and furthermore no proof that any debt has been solded to Lowells/Red Debt/BPO

 

Why are they allowed to default my credit file?

If they have failed to provided the proof of debt within 28 days are they still allowed to chase it?

 

Please advise me guys & girls

 

Thanks!

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Naughty Lowells should not have passed this on whilst in dispute.

 

Send this to the new DCA

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the Lowell Group and has been since DATE

Not only is this a breach of OFT collection guidelines, but also in breach of the Data Protection Act 1998

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the Lowell Group for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection from Unfair Trading Regulations 2008 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

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ODC my thanks to you for taking the time to write that and read through my thread. Thank you

 

Reading another thread on here regarding Lowells i have never recived a NOA let alone agreeded to any such transaction. Yet Lowells have placed a default on my account which, if i understand correctly, they are not legally allowed to do and i am in a position to now threaten them. Oh how the tables (hopefully) have turned.

 

This bloody debt doesn't even exist :rolleyes:

 

My thanks again to every member who has helped. It really is appricated and without knowing about this forum it's easy to pay and that keeps these tailfins in business!

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Was watching a little light entertainment earlier and noticed something quite extraordinary.

 

watchdoglow.jpg

 

 

Lowells datamatrix is on the letter from 3 telling the Lowell customer that they owe Lowells an imaginary £212 debt.:D:D

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Do i need to be notified that O2 have sold the debt and my details to Lowells???

 

If the assignment is absolute-YES

If the assignment is equitable-NO (but it is good practice)

 

absolute-Lowells own the title to the debt

equitable- O2 own the title to the debt.

 

There are many legal implications surrounding what Lowells can and cannot do if they do not own title to the debt.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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I feel i should point out that the address they have for me i have not lived in for 3/4 years, it's my parents house and they forward me mail which i tend to get from time to time

 

Ask your parents if they wouldn't mind writing "No longer at this address" on the envelopes and sending them back.

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Good morning all,

 

My continued thanks to all that have assisted with this matter. A bit of good news today i suppose, today I received a grovelling letter from BPO collections apologising and confirming that they had "closed the account and returned to Lowell Financial". Furthermore they have provided an 0870 number for legal advice...how kind.

 

This has inspired me to attempt to bring closure to this matter once and for all and also strengthens my belief that if indeed the claimed debt does exist, Lowell's couldn't prove it anyway. There is a default on my credit file in relation to this, I suspect from Lowell's although it says communication supplier (see screen print below) I could do with some advice from those in the know as to who this default may have originated from.

 

I feel that this default is on my credit file unlawfully and would like to claim compensation for credit I have since taken out as it no doubt has resulted in a higher that normal interest rate. I have below drafted a letter to Lowell's who would appear to have stopped writing to me since I requested proof of this debt and their formal complaints procedure. They seem to be passing this to different collection agencies in the hope that I just pay it.

 

Could someone please review the letter before I send it so that I don't jeopardise my case and what I have stated is legal, fair and correct?

Again my thanks to you guys and gals for all your help, advice and support. It really is appreciated!

 

Screen print from credit file, is this Lowells doing or o2?

 

DEFAULT.jpg

 

Purposed letter, could someone please take a look at this for me?

 

To Whom It May Concern:

After receiving communication from BPO Collections I can now add another illegal offence that you have committed, quite a catalogue of these unlawful acts is building up and it is feared that this communication with yourselves will result in another.

Further to my letter dated 4th August 2008 (to which I have received no reply from yourselves) I am disappointed that I have not received your formal complaints procedure as requested. Furthermore proof of the claimed debt has also not been provided (as requested) and strengthens my believe that even if this debt did exist you couldn’t prove it anyway.

As you are aware Lowell’s placed a default on my credit file, this has affected my credit rating and increased my rate of interest on credit I have obtained.

If you can prove that there is a debt on this account I will have no problem paying it. Proof meaning a signed contract between myself and O2, communication between 02 and myself detailing said charges (statements, letters etc) Once this has been provided and accepted I will then need proof that this debt has been sold/passed over to Lowell’s and, if paid, no further action will be taken and this default will be removed from my credit file.

You have 7 days from the date of this letter to reply in writing before I ask my solicitor to act on my behalf and, amongst other offences that you have committed against me, claim compensation on credit I have obtained since this default you have unlawfully placed on my account.

Best Regards

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Thanks for the reply ODC and your help with the BPO letter, if i could buy you a drink i would.

 

I'm really ****ed off that they've put a default against my name when i don't owe any money, why are they allowed to do this! I'm not an unreasonable guy and if i owed the money i'd pay it, fact is i don't yet am being hounded and punished for a debt i don't owe.

 

I need confirmation on the letter i drafted above so i can get this default off my record.

 

Re Agent Moulder, i could do that but it still wouldn't get the default off my back and if anything probably make me look guilty. I own my own property, registered on the Electrol Roll so if they wanted to could find out where i currently reside.

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Thanks for the reply ODC and your help with the BPO letter, if i could buy you a drink i would.

 

I'm really ****ed off that they've put a default against my name when i don't owe any money, why are they allowed to do this! I'm not an unreasonable guy and if i owed the money i'd pay it, fact is i don't yet am being hounded and punished for a debt i don't owe.

 

I need confirmation on the letter i drafted above so i can get this default off my record.

 

Re Agent Moulder, i could do that but it still wouldn't get the default off my back and if anything probably make me look guilty. I own my own property, registered on the Electrol Roll so if they wanted to could find out where i currently reside.

Hi steSE, its a horrid no win situation, i have Lowells, and my missus has Lowells and Unreliable collections, robbers way, all for one catalogue with illegal insurance on it, and a NPOWER account that never existed and a British Gas that was paid.

All in all if i pay them, the DCAs win and im out of pocket, if i dont theres Defaults galore at the CRA. What you have to remember, is that Lowells probably defaulted you before they even contacted you, so unless you look at your Credit File every day, you wouldn't have known anyway till it was there, so you may as well battle them till the end, then force them to remove it icon7.gif

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I have contacted o2 directly now about the information, or lack of it, from my SAR. This has seemed to provoke a good response and i am awaiting their final view. If it transpires that they didn't send me all the information help about me on the SAR i may have a bargining chip.

 

Lowells have not contacted me.

 

Anyone know if a SAR includeds recorded phone calls?

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