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    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
    • Thank you Dave. I've had nothing from Booking.com, just a message via the site from the host. I know I need to check my bank account, just trying to resolve some technical issues. HB  
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Credit Ancillary Services/Equidebt Ltd


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Having been pursued by Wescot Credit, Regal Credit Consultants and latterly Apex Credit Management, for an alleged debt of £3k (OC was RBS/Mint), I have now been approached by Credit Ancillary Services, who are a new one on me.

 

They have sent me 2 letters:

 

"Equidebt Ltd have instructed us to collect the above debt which has been outstanding for some considerable time and must be paid.

We are now the authorised debt collection copany dealing with this account and, therefore, any correspondence and future payments should now be sent directly to us.

Failure to respond will only result in our continued efforts to contact you.

Yours sincerely..." :rolleyes:

 

followed just recently by...

 

"DOORSTEP COLLECTION NOTICE

Our records indicate that we have been unable to come to an arrangement to clear the outstanding balance on this account.

This is your last chance to voluntarily offer us payment on this account before we arrange for a Debt Collector to visit you at your home. You have until 12th January to respond.

Etc Etc." :lol:

 

Having successfully fended off for good the pompous asses of 1st Credit, Cabot and Capquest, I am not in the least intimidated by these people. Former CCA request to Mint resulted in a poor photocopy of an application form, not signed by their representative, with no T&C. Additionally, they had not sent me a Default Notice, nor a Notice of Assignment before selling it to Wescot Credit in the first instance. I guess they knew this, which is why they haven't pursued this. :p

 

I will send CAS a letter spelling out the shortcomings of their predecessors and suggesting they pull their fingers out and do what that series of losers couldn't if they wish to get anywhere with this. Oh, and don't send anyone doorstepping.

 

Only in more formal terms than the above, obviously. :D

 

Anyone know anything about Credit Ancillary Services Ltd? Or indeed Equidebt Ltd, who they are allegedly acting for?

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Credit Ancillary Services, who also trade as ECI, are part of Equidebt. They seem to be Equidebt's first line of attack, so to speak, and will usually be repulsed by a CCA.

 

In my case they were employed by the wonderful cretins at Cabot Towers. I would like to think that this was because Cabot knew they were on a hiding to nothing because of previous dealings with me or it could be because of a fundemental error in their correspondence which shows their CRASS STUPIDITY

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Well, I did serve a CCA on Mint, who responded with something woefully inadequate, and eventually sold it on, knowing they were on a loser. I'll CCA CAS I guess, and see what they respond with, or should I remind them that the OC were unable to meet their statutory obligations in this respect?

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Well, I did serve a CCA on Mint, who responded with something woefully inadequate, and eventually sold it on, knowing they were on a loser. I'll CCA CAS I guess, and see what they respond with, or should I remind them that the OC were unable to meet their statutory obligations in this respect?

 

You only need to CCA once. You have CCAed Mint. They are in default so should not have passed it on to another set of MUPPETS. Send this to CAS

 

ACCOUNT IN DISPUTE

Dear Cretins

 

Account number: XXXX XXXX XXXX XXXX

 

Frankly I am surprised that I need to remind a firm of Debt Collectors about the Consumer Credit Act 1974.

 

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 **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, Subject Access request and have also breached s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** 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.

 

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.

 

Should you have any difficulty with the contents of this letter I suggest you seek advice from

 

1. Your local Citizens Advice Bureau

2. A REPUTABLE firm of Solicitors

 

 

 

Yours etc

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I have broke the cardinal sin and phoned CAS as their letter this morning got me going!!

 

I had a debt with Equidebt for over a year, CCA'd them back in June last year and ever since they have been searching for a copy of the CCA. The account was on hold until out of blue on Saturday they started chasing debt again. Again (naughty naughty) I phoned and the girl apologised and said they had switched computer systems and letter went out in error. Ok, fair due, mistakes can occur. But today a letter from CAS - we have been instructed by Equidebt as you failed to respond. Same location address wise as Equidebt. Phoned and spoke to girl who admitted CAS are on the same floor as Equidebt and Equidebt are transferring a lot of accounts to CAS and surprise surprise the new computer software switchover has caused problems - again my account put on hold and referred back to their compliance dept.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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The best thing about CAS letters is that on the back it gives you payment options- I quote (this is what it says) - "You can make payment at any branch of Woolworths" :lol::lol::lol:

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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  • 2 weeks later...

Sending them this:

 

ACCOUNT IN DISPUTE

 

 

Date:

 

Dear Sir/Madam

 

Your Reference:

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with Regal Credit Consultants and has been since 30/10/07.

Not only is this a breach of OFT Collection Guidelines, but is also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

Frankly I am surprised that I need to remind a firm of Debt Collectors about the Consumer Credit Act 1974.

 

Regal Credit Consultants and the original creditor were unable to provide documents relating to the account, which meet the strict requirements of the relevant sections of the Consumer Credit Act 1974, and relevant regulations made under that Act.

 

As Regal Credit Consultants are in default and have also committed a criminal act, by failing to provide an adequate response to my Consumer Credit Act request, and have also, by passing personal data connected with the account to a third party (ie yourselves), breached s10 Data Protection Act, I consider this account to be in SERIOUS DISPUTE.

 

As you are hopefully aware, whilst the matter remains in default, for the reasons outlined, enforcement action is NOT permitted, and under s127 this constitutes a complete defence at law.

 

I would respectfully suggest that this account is returned to the original creditor for resolution of these defaults and breaches, as Credit Ancillary Services (CAS) cannot lawfully pursue any enforcement activities in relation to the matter.

 

If CAS choose to ignore my dispute and do attempt enforcement, then I will respond with appropriate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards Authority, Office of Fair Trading, Information Commissioners Office and Financial Ombudsman Service.

 

I hope that this will not be necessary.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in due course. Please ensure that all correspondence is in writing, dated and signed by a responsible person.

 

Yours sincerely

 

:cool:

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CAS/Equidebt has finally caved in:D.

 

After sending me letters from CAS I got a bit uptight with them and said that CCA req was with Equidebt (their own company) and that had been o/s from June 2008. Slightly a bit over the 12+2 timeframe!!

 

Letter back from Kevin Kennedy from the Compliance Dept apologising for letters going out as computer error and that as CCA req o/s for so long and cant obtain a copy they are closing the account.

Debt Managers (Barclaycard) £7150 - CCA sent - poor photcopy of app form - they rtnd acct to BC. Then Robinson Way come on scene - sent packing straight away. Will they try a third attempt????? :) Yes they did, roll on Westcot, told them were to stuff it. Not heard anything since but Lowell Financial have been searching my credit file. Round 4, ding a ling ling!!:D Now Crapquest on the scene - bought the debt and want the balance... don't think so 8)

 

Equidebt (Co-Operative Visa) £6800 - CCA sent in June - no response still!! Was Ex-Northern Rock card so probably lost. Equidebt have now agreed to write off and remove credit ref listing completely!!! :lol:

 

 

Robinson Way (Abbey) - debt sold to RW £1840 - await letter from them....cant CCA as bank account.... agreed to settle for £368 :-D

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Excellent! Well done! :D

 

Be aware though that Capquest did that with me back in 2007 (ie closed the account) and I thought that was the end of it, but in 2008 Capital 1 (OC) sold it on to Lowell Portfolio, despite them admitting they don't have the CA! So I'm dancing the two-step with Lowlife, sorry...Lowell now, until they realise they've lost before they've begun. Sigh...

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  • 3 months later...

All was quiet after my 'bemused letter' (see earlier post) but now, as if nothing has happened, up pop CAS again, acting stroppy with me. Sending them a repeat copy of the bemused letter and a demand to know whether they 'own' the debt (in which case I've had no Notice of Assignment) or whether they and Equidebt are acting for the OC (RBS/Mint).

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I had my first letter from lovely cuddly equidebt today

 

I like CRA's, they make me smile

 

:D

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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  • 8 months later...
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