Me Vs Lowell Financial / ***WON WITH COSTS***

[rory32]

There's always been a lot of tension between Lois and me, and it's not so much that I want to kill her, it's just, I want her not to be alive anymore.

[underdog13]

Which is exactly how most of us feel about the DCAs....

[Shawn0109]

Nah underdog only in my dreams.LOL:D

[noomill060]

shawn- there is a BBC Radio Leeds journalist who is looking to dish the dirt of Lowells. She has also been through it them and would be delighted to hear from you.

 

I have her email addy if you want to talk to her.

[Shawn0109]

Wow thats a bit nerve racking never much of a public speaker. whats the email then? Do I just email with my story or do I have to call in or what? I'm not going to say too much though if it's calling in dont want Lowells listening in which they might. I'll have to think about it and get all my words right.

[hillards]

dont want Lowells listening in which they might.

BBC Radio Leeds - right on their doorstep! Less than a mile and a half from Lowell HQ

 

Worried about them listening? They could have already read everything you've put on here anyway...

 

The Beeb seem to be taking hassle from debt collectors quite seriously at present, so why not tell your own story about their nasty tactics and what you had to do to stop them?

 

see also http://www.consumeractiongroup.co.uk/forum/announcement.php?f=167&a=149

Edited January 30, 2009 by hillards

[noomill060]

shawn- you have a Personal Message sent through CAG

[Shawn0109]

noomill060 aint got it yet but it will do eventually.

[noomill060]

Just sent it.

[Shawn0109]

Ok hillards found the link you sent me will email her and see what this turns up.

[Shawn0109]

noomill060 you got my pm?

[noomill060]

Yup

[noomill060]

Has she replied yet?

 

She probably down the pub. My little sis is a journo and she never out of it.

[Shawn0109]

Hahaha lol, maybe maybe nope not heared anything yet but I suppose she is getting loads of emails regarding this kind of issue.

[JonCris]

You are obviously unhappy with Lowell, and I would agree that they should remove any default relating to your case, as orderd by the judge.

 

The point I was making is that the original creditor (Capital One) can issue a default as the debt, owed to them in the first place, still exists. It's just that nobody can enforce action. You have never disputed that, in which case they would have persued a fraud case.

 

Despite you saying that without a CCA there is no debt, Capital One could probably prove that you made payment on the account at some point - therefore the account, and in turn the debt, exists.

 

Hope you can see where I'm going with this, and that some people could easily get the wrong signals.

 

You also need to be careful with direct comments against the company you dealt with... They do read these forums, could probably identify you from the details given to date, and request that a judge ask you to confirm how you know their director takes part in the Scottish pastime involving cabers...

 

Hillards as to whether an unenforceable debt can be registered as a default Legal opinions differ from those who agree with you to those who do not. There are those, of whom I'm one, who consider continuing to default such a debt as a form of enforcement which as we all know is a strict no no in the eyes of the OFT amongst others.

 

In other words whilst the debt is not void the creditor can only 'politely' request you pay & even then the frequency & manner of their requests must be reasonable otherwise they commit the offense of harassment......and risk losing their consumer credit licence

[noomill060]

hillards- you need to be careful making sweeping statements as fact. They are your opinons, nothing more.

 

Creditors issue defaults like confetti. Why? Because they can and because few people realise they can challenge them, they can get away with it.

 

This has resulted in it becoming "industry practice".

 

Like the 6 years they claim to be able to show the default on your credit file- there is absolutely no legal basis for this, its just "industry practice".

 

Many people have challenged this with the ICO who have never ever given a shred of solid evidence as to the reason. Because there isnt any.

 

There have been mutterings about parallels with the 6 years within which time an action for a tort can be brought, but nothing ever really holds water, and they never claim there is any law to back it up.

[hillards]

...whether an unenforceable debt can be registered as a default...

The point I was making was that the DCA CAN NOT uphold a default, as it's been proven they don't have anything to enforce the alleged debt, so should not be processing any data related to it. The judge agreed with Shawn on that point.

 

On the other hand, the OC CAN issue a default, usually before passing to a DCA, which would be more difficult to have removed. Lots of people discover two defaults for the same amount when they check their credit status, which is wrong anyway, but happens too often to be a simple mistake.

 

It would usually be the case that the OC would not request any payment anyway - which agrees with what you say. I would certainly make noises towards the OFT if they even tried.

 

I know there are differing opinions about this, but I've yet to hear of a default being removed in those circumstances. The OC retains the right to process the data as an account in default, and that would stay ?

 

If I'm saying anything incorrect I would be glad of correction (no, put the whip away!) but all this info is gleaned from the various cases I've followed on CAG.

[noomill060]

In my experience, financial institutions will only act only when under direct threat of having to explain themselves to a judge.

 

In other words, when you have taken legal action against them and they have to do something or face the music.

 

In other words, when you have them by the b@lls, their hearts and minds will follow.

 

Template letters explaining the law to them are useful, it lets them "know that you know". They also educate the sender, who probably didnt appreciate that the law really does work both ways and can be used in the consumer's favour.

 

Get your PoC right and the DCA will be only too happy to remove a default and give you money to make you go away.

 

But only if you are prepared to drag them in front of a judge. Write all the letters you like, but there is nothing like a hearing date to concentrate the mind.

[hillards]

hillards- you need to be careful making sweeping statements as fact.

:-?

They are your opinons, nothing more.

I'm not aware that I have said otherwise, and have yet to see what was wrong with the information itself. I've not mentioned anothing about how many years, there was no argument about that?

 

I know that defaults are issued for the smallest reason, sometimes without any substance in cases where they have chased the wrong person - which happens. Sometimes for stupid amounts that cannot really be worth chasing.

 

I had a utility supplier issue a default and then obtained a charge on a property I had only been renting - for an account that was for all of £9, plus hefty charges, from after I had moved out. Nobody lived there for a couple of weeks, as the landlord was doing the place up a bit, so they 'assumed' I had still been there until the time the new tenant moved in - despite my letter to them at the time.

 

Of course, the default and eventual charge notification where sent to that address, not my new one, and the new tenant had just binned any post. It took ages to sort that out, once I knew about it, so I am well aware of how difficult is can be to tackle an incorrect entry. My case was helped greatly by the landlord providing evidence, especially as it was he who discovered the charge on his property!

 

Get your PoC right and the DCA will be only too happy to remove a default...

And the DCA should remove a default when it's shown they were not entitled to be processing the subject's data under the DPA - that was stated in Shawn's case, and I've never gone against that as something to insist on.

 

Again, I pointed out that the Original Creditor was the issue, as they could have a default that would prove more difficult to tackle.

[noomill060]

Agree with you 100% hillards. They throw their weight around as if they doth stride the world a mighty colossus, and need to be brought down a few pegs.

[hillards]

Agree with you 100% hillards. They throw their weight around as if they doth stride the world a mighty colossus, and need to be brought down a few pegs.

I'm now very confused as to what it was I said that started this...?

[JonCris]

hillards- you need to be careful making sweeping statements as fact. They are your opinons, nothing more.

 

Creditors issue defaults like confetti. Why? Because they can and because few people realise they can challenge them, they can get away with it.

 

This has resulted in it becoming "industry practice".

 

Like the 6 years they claim to be able to show the default on your credit file- there is absolutely no legal basis for this, its just "industry practice".

 

Many people have challenged this with the Information Commissioners Office who have never ever given a shred of solid evidence as to the reason. Because there isnt any.

 

There have been mutterings about parallels with the 6 years within which time an action for a tort can be brought, but nothing ever really holds water, and they never claim there is any law to back it up.

 

 

Correct It's the same flawed argument that they use when supplying data under the DPA "we only have to provide data going back 6 years"

 

This is rubbish, they have to supply all of the data they hold going back as far as it's takes. If you had an account for 10 years & they have kept the data then they are required to supply it

[Shawn0109]

I'm still reading posts from last night looks like it was very busy while I was sleeping now have a wee bit of a hangover from last night.

[gust]

hey Shawn0109

 

thanks for pointing me to your thread....

 

and MANY thanks for the advise on mine

 

well done

[Shawn0109]

No worries gust keep me posted on any further developments and thanks all again for your messages and helping me so much on here thanks again.