After the 30 days have passed....

[Bazza66]

Hi, New to this forum (usually use Moneysaving as I'm sure alot on here do). Anyway thought I would try this forum since someone has mentioned there are alot more "legally minded" people on this one.

 

I did the send CCA request to Lowell-life and eventually they came back with nothing (suprised?). So after the 30 days sent them the 30 days letter i.e. return all payments, removed from credit file etc etc. They replied with the exact same letter they sent 2 days before the 30 days ran out i.e. that they could not find the CCA and the file is closed unless they find it. This is what I indend to send back. I would be grateful if anyone could cast an eye over it? And is it worth chasing it? Has anyone been successful claiming back from a DCA?

 

 

 

Dear Sir/Madam

 

Re:− Reference Number xxxxxxxx

 

 

I do not acknowledge any debt to your company.

 

I would like to make a complaint against your company. The details are set out below.

 

I refer to my letter dated 15th September 2008 which was delivered via Recorded Delivery to your offices on 16th September 2008 in which I asked the following :

 

1. All payments made to date to Lowell Financial for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Lowell Financial. Note this is to be a complete deletion and not merely an amendment.

 

3. Compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

You were given 14 days to comply with the above yet you have failed to acknowledge the letter or attempt to resolve all of the requests.

 

I understand that you must send a written acknowledgement of my complaint within 5 business days of its receipt. If you are unable to resolve my complaint within 4 weeks you must send a holding response, explaining the reasons why and indicating when you will make further contact.

 

If you fail to resolve my complaint within 8 weeks, or if matters are not settled to my satisfaction, I will have no alternative but to escalate my complaint to the Financial Ombudsman Service.

 

This could result in you being ordered to pay compensation if my complaint is upheld.

 

I look forward to your reply.

 

Yours faithfully

 

Mr N E One

[saintly_1]

The 30 days no longer applies it was repealed earlier this year

[Bazza66]

Cheers Saintly,

 

I did know the 30 days did not apply (i.e. its not a criminal offence for the DCA now). But surely that doesnt mean that they have illegally taken money off me? Which is why I want them to repay money, remove default, etc since they could not produce the original CCA they are not allow to chase the debt. Therefore they should not have taken any money from me.

 

It seems simple to me so maybe I am missing something?

 

Has anyone managed to reclaim monies paid? Defaults removed?

[Pinky69]

No, you are not missing anything but you are unlikley to get a refund and default removed going through their normal channels - they probably don't even read the letters sent to them. Ask for their complaints procedure and make a formal complaint that they pursued you for payment without a properly excecuted credit agreement and you demand a refund of monies paid and the default placed on your credit files removed. Failure to do so will result in a formal complaint to the Financial Ombudsman Service. The laws the have breached are the CCA 1974, the Administration of Justice Act 1970 Section 40, the Data Protection Act 1998 and the CPUTR 2008. Good luck.

[Bazza66]

Cheers Pinky,

 

Thats the exact route I was trying to take. But your additional information of what laws they have broke will be added to the letter.

 

I will also add that this is now a formal complaint and ask for their complaints procedure instead of me saying they have 4 weeks, etc.

 

Thanks again.

 

Watch this space.....