Court Action Started Against CRA and Lowell

[42man]

Might be worth having a look at these links here (it might even be worth contacting the people in these links to see if they might be able to assist) - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

[sbfido]

1 week to court day, mmmmmm lovely

 

lol

[creditcardmug]

If the court is in agreement, the claimant respectfully requests that special directions may be given as per the attached draft order.

 

Then itemise your requirements, in an attached order

 

[sbfido]

1. The defendants stopp processing information where by there is a legal dispute currently being investigated by the Information Commisioner, Finanical Ombudsman Service or a Solicitor regulated by the law society.

 

2 The defendant notify all companies that have accessed the file within the past 6 months

 

3. Failure to remove that the defendant be summons before District Judge _______ to explain there action and if necessary to be fined or the maximum sentence imposed.

[Kipling88]

What happened at the court case?

[unclebulgaria67]

I suspect the matter was resolved outside of court and a confidentiality agreement was entered into.

 

I guess this is why sometimes these threads suddenly stop.

[lickthewallfatboy]

last activity for sbfido-yesyerday at 23:11

 

so he or she still looks in......

[sbfido]

last activity for sbfido-yesyerday at 23:11

 

so he or she still looks in......

 

Sorry i do look in

 

Lowells settled out of court. They tried to submit late papers - as if!

[sbfido]

Sadly CRS'S can do as they like - Dont agree with this but still looking -

[Pinky69]

The way to put CRAs right on the spot is to send them proof that the entries are inaccurate. They cannot then as joint data controllers argue that they were only following orders from the bank/DCAs as they have evidence that the banks/DCAs were wrong.

[sbfido]

Cheers Pinky i will try that!

[sbfido]

Attached this to explain outcome. Sadly they were meant to pay within 14 days and failed too. So now going to see what i should do. (They have had 10 months to make it happen.

[ATTACH=CONFIG]21320[/ATTACH]

[sbfido]

For the hard of reading as it is a scan

 

IT IS ORDERED THAT:-

 

1. The Judgement against the first defendant be set aside.

 

2. The First defendant do pay the claimant (ME) the sun of: **** by +++ in full and final settlement of all matters exisiting or capable of existing between the first defendant and the claimant.

 

3. Upon complaince by the first defendant (Lowell) of paragraph 2 above the claim be discontinued in it entirity againt the first defendant.

 

(they failed to comply with paragraph 2, but want the judgement set aside shame that lol)

 

I am the claimant the first defendant is THE LOWELL GROUP!

[sbfido]

Does anyone know a good debt collecting company to visit lowells and ring them repeatedly lol.

 

I would prefer someone from a service in india or china as the labour costs are better???

 

hehehe

[the_shadow]

Hmm well if you've ever received any documentation from them asking you to pay and they've supplied a paying in slip then you could go for a garnishee order against them. Would force their bank to withhold funds or make payments until your debt is paid.

 

S.

[NailPost]

Send Lowells a final demand. Add interest at five percent above base rate and tell them they have seven days (or 14 days if you're felling generous). Add that if they don't pay you will take them back to the court and let the judge deal with them again.

 

Alternatively you could go back to the court and tell them the debt owed is still outstanding. The court staff will advise you what to do.

 

I would also inform the OFT about their behaviour.

[unclebulgaria67]

Just go back to the court and ask them about the next step. If there is any extra cost, you can add this on to what they have to pay you.

[babybear39]

You need to request a Warrant of Execution from the issuing court. There will be a fee which you have to pay but they will be liable for ultimately. Then the court will send the bailiffs in if they don't pay

[Guest HeftyHippo]

teh court will advise on your options

 

you should ask your MP to ask the OFT how these companies are deemed fit to hold a credit licence when they cannot pay their own bills on time, and ask your MP to ask the ICO why their licence to process data should not be removed as they have demonstrated either a lack of knowledge or respect for the DPA

[sbfido]

Sadly the ICO and DPA have no real power to exervcise or lack of funds to sort issues out, feel that would be pointless, when CRA can get away with anything even in court as they are not the informaton provider you know the law is stacked in there favour.

[Guest HeftyHippo]

Sadly the ICO and DPA have no real power to exervcise or lack of funds to sort issues out, feel that would be pointless, when CRA can get away with anything even in court as they are not the informaton provider you know the law is stacked in there favour.

 

that contradicts the results you got in court. The CRA is joint data controller as said here or in another thread. It is preceisely you feel that they can get away with anything that you should be bringing bigger guns into the picture, ie, the OFT who can withdraw their credit licence, or the ICO who can withdraw their DPA licence. Action from either of these would put the CRA out of business. Yes, it might be a longshot, and you may not succeed, but in anothe few months, someone else might make the same complaint, and eventually, with enough scrutiny from MPs and the like, someone might act.

 

Where we, collectively fail, is that we deal with problems in isolation and don't escalate them to the real decision makers. The heads of the OFT and ICO are civil servants and answer to parliament one way or another. ie our MPs. If enough MPs were concerned at the antics of these ****, something would be done, but how many people involve MPs and ask them to question the ICO and OFT on how such and such practice happens without them taken action?

 

Creditors, DCAs and CRAs know that few of us have the stamina to go the distance, and that is why they simply frustrate and ignore what we say - they hope to wear us down so we give up. It takes very little effort on their part and gets maximum return on little investment.

[sbfido]

Well is there a way we can make a joint complaint i am happy to use the none compliance of the Court Order