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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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Ma Griff

Bank Charges

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3925 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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A bit of background first -

 

My daughter is a single parent who has a 6 year old son with disabilities. He receives DLA and she receives Carers Allowance. He does not attend school at present because of his disabilities so she is educating him at home. The only income is their benefits.

 

My daughter recently discovered that her bank account was nearly £400 overdrawn, when it should not have been overdrawn at all. She went into the bank and found out that this was because of bank changes, which had all been taken out in one big lump. It seems that a company called Lowell Portfolio tried several times a day, over the space of two or three days, to remove money from her account by direct debit. As there was only a matter of a couple of pounds left in her account, these claims were rejected and the bank charged her for each rejected attempt.

 

The thing is though, although my daughter does have some debts, she has never given this company permission to remove money from her account, she has never set up a direct debit agreement with them.

 

The bank say that they cannot prove that she did not set up the direct debit so they will only refund part of the charges they made.

 

The charges have caused my daughter and my grandson great hardship. They have been without money for the past few weeks and when my grandsons DLA goes in, this will only help to clear some of the overdraft, it will not be money that can be used and so the problem will continue because bills will have to be paid and there will not be money in to cover them, and also she will not be able to buy food etc.

 

I have tried to help as much as I can but I do not have money to spare so I am very little help. She managed to get a crisis loan but this was only £30 so that she could buy some food. She has had to go and stay with her dad for the past two weeks, just so that she and my little grandson can eat, but he isn't well off either so it is a strain on his finances as well.

 

So, I have several questions and I pray that someone can help us.

 

How can a company set up a direct debit without the permission of the holder of the bank account?

 

How can we prove my daughter did not give permission for the company to attempt to withdraw money from her account?

 

How can we get the bank charges back in full as quickly as possible before the situation gets worse?

 

The bank involved is Natwest.

Edited by Ma Griff
Adding information

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Bumping for advice. Have also asked for it to be moved to the Natwest forum.

 

 

 

enamae


Please note: I have no qualifications in this area and any advice offered is given in good faith.

 

 

http://www.financial-ombudsman.org.uk/publications/Ombudsman-news/40/40_setoff.htm

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Bumping again- this needs some very serious action taking and more details.

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My initial feeling is what the hell have Lowell Portfolio got to do with the account or any of the OP's daughter's financial dealings?

If the answer is nothing whatsoever then it is a fraud case.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Lowell Portfolio are a debt collection agency- what has your daughter had from them?

 

For a start and as a matter of extreme urgency, I would advise your daughter on Monday to get a BASIC account with another bank unconnected with her current one and make sure that all future benefit payments are paid into her new account.

 

They will keep taking anything they can get out of her old one.

 

Ask you daughter to come on here because we need more details of the background to all this before we can give constructive advice.

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And for God's sake, tell the DWP to stop paying benifits into this account in the meantime- tell them that you want payment by Giro.

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Moved to nat west as requested


Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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This needs some nuclear advice from the CAG big guns - and fast.

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This needs some nuclear advice from the CAG big guns - and fast.

We need the OP to give us some more information first. To be honest, I did see the thread yesterday but didn't see enough info to give advice.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Where did Lowells get your daughters bank account number from?

 

has she had any contact from Lowells before?

 

Who are they collecting money for?

 

A catalog company or what?

 

Ask you daugther to collect all letters about this from whoever and Lowells. We need to get to the bottom of this.

 

Contact Natwest and cancel whatever direct debit Lowells have got and tell them this was set up fraudulently.

 

Come back soon and let us know what Ive asked- better still get you daughter on here. We can help but need your help to get to the bottom of this and as fast as possible before this escalates any further.

 

Both Lowells and Natwest need to be slapped down and fast.

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We need the OP to give us some more information first. To be honest, I did see the thread yesterday but didn't see enough info to give advice.

 

 

In which case, just a bit of support for the OP would have been nice, she must be terrified.

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In which case, just a bit of support for the OP would have been nice, she must be terrified.

 

Well, she has the support of her mother which is more than some people have so I am sure her mother will come back with more information when she has asked her daughter and that is when we can offer help.

 

To be honest, I did start to reply but because the words "LOWELL PORTFOLIO" is mentioned and the paranoia around signatures here on CAG, meant that the advise I would have had would have been shot down in flames. In the end, I chose that best form of an answer was nothing because without the information of why they are involved it is impossible for me to give any adequate advice.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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gutted that this was not seen yesterday:mad:

 

hope OP comes back it needs to be sorted,ASAP.

 

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi all

 

My daughter has a couple of debts with catalogue companies, she got things for my grandson for Christmas but then failed to keep up with the payments (I've already given her a serious talking to about this). Lowell have sent her some letters asking for payment. I think she has ignored them on the whole (another serious talking to from me).

 

She has never given Lowell Portfolio permission to take money from her bank, thats for sure. I don't know how they got her bank details, thats one of the mysteries in all this.

 

She has already contacted DWP and they are sending my grandsons DLA by giro but she hasn't sorted out her Carers Allowance yet.

 

She has told the bank that she didn't set up a direct debit with the company but the bank (even though they have said themselves that they consider the company to be of 'dubiuos reputation) say that they have no proof that she didn't set up a direct debit, so they will only refund part of the charges they took out. Seems very strange to me, surely if they can't prove she didn't set up a direct debit, they should be able to prove it if she did (which she didn't), or can anyone just tell a bank a direct debit has been set up and take money out of an account, without having proof that they have the account holders permission?

 

She is at her wits end about it all. She knows she was a fool in the first place to run up the catalogue bills but she just wanted to make sure her son didn't miss out at Christmas, and then realised she couldn't afford to pay it all. A tough lesson to learn.

 

Thank you for all the replies.

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Hi all

 

My daughter has a couple of debts with catalogue companies, she got things for my grandson for Christmas but then failed to keep up with the payments (I've already given her a serious talking to about this). Lowell have sent her some letters asking for payment. I think she has ignored them on the whole (another serious talking to from me).

 

She has never given Lowell Portfolio permission to take money from her bank, thats for sure. I don't know how they got her bank details, thats one of the mysteries in all this.has she payed anything to them by card or cheque? at all?

have they kept the details and tried to help themselves.

 

She has already contacted DWP and they are sending my grandsons DLA by giro but she hasn't sorted out her Carers Allowance yet.get her to sort as soon as poss.

 

She has told the bank that she didn't set up a direct debit with the company but the bank (even though they have said themselves that they consider the company to be of 'dubiuos reputation) say that they have no proof that she didn't set up a direct debit, so they will only refund part of the charges they took out. Seems very strange to me, surely if they can't prove she didn't set up a direct debit, they should be able to prove it if she did (which she didn't), or can anyone just tell a bank a direct debit has been set up and take money out of an account, without having proof that they have the account holders permission?do the bank not have a copy of DD mandate,not sure how it works maybe yourbank will look back in.:)can she now instruct the bank not to allow any payment to them?

 

She is at her wits end about it all. She knows she was a fool in the first place to run up the catalogue bills but she just wanted to make sure her son didn't miss out at Christmas, and then realised she couldn't afford to pay it all. A tough lesson to learn.

 

 

Thank you for all the replies.

 

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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Hi again

 

I will check some more details tomorrow and let you know but as I understand it, she has never paid them anything, she just ignored them.

 

By what I can tell, from what the bank have said so far, they presumably don't have a copy of a mandate, otherwise I would have thought they would say they have proof that she set up a DD, rather than saying they can't prove she didn't (if you see what I mean), it's all very confusing :confused:. I don't know much about how these things work either but I am beginning to think that they work in whichever way the bank wants them to work at the time.

 

She is still staying at her dads at the moment but once she gets back I am going into the bank with her to tell them we would like to see the proof of a DD mandate. At least the bank have stopped the mysterious DD so they shouldn't be able to do it again.

 

Pam

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At the bottom of this, is Lowells- a debt collection agency.

 

Get to the bottom of why Lowells is involved. They buy debts from banks, catalogs, phone companies, credit cards etc etc.

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OK- get the details of all the catalog debts.

 

The plan is to make them prove they have a right to collect- you can do this by send a request for a copy of the credit agreement under section 77-79 of the Consumer Credit Act.

 

This is the law that sets out the rights and duties of creditors and borrowers.

 

They have to provide or they are going to be in deep trouble.

 

Problem for them is, catalog companies never keep copies of credit agreements...so Lowells is going to be in very deep water.

 

We call them the Leeds Losers on here!

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Hi again

 

I will check some more details tomorrow and let you know but as I understand it, she has never paid them anything, she just ignored them.thinking,as it has been known for them to take payments and claim that it was arranged over the phone.

can you find out if the catalouge had ger bank details and past them on.

these cretins have got the details from somewhere:mad:

 

By what I can tell, from what the bank have said so far, they presumably don't have a copy of a mandate, otherwise I would have thought they would say they have proof that she set up a DD, rather than saying they can't prove she didn't (if you see what I mean), it's all very confusing :confused:. I don't know much about how these things work either but I am beginning to think that they work in whichever way the bank wants them to work at the time.

 

She is still staying at her dads at the moment but once she gets back I am going into the bank with her to tell them we would like to see the proof of a DD mandate. At least the bank have stopped the mysterious DD so they shouldn't be able to do it again.

well they have stopped it,and presume they will be told that under no circumstances is another to be set up.

 

but she still needs that money back,all of it:mad:

find out as much as you can about contact with lowell.

 

and get them to bloody answer.

am fuming over this.:-x

 

 

Pam

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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I would happily rip all their arms and legs off, including the Banks.

 

So:

 

1) Natwest think Lowells are of "dubious reputation"

 

(Thus admitting that they should have known better than to give your daughter's money away.)

 

2) They have agreed to refund "part" of the charges

 

(thus admitting that theyve made a big mistake and should really refund the lot but are too mean spirited, but will do when push comes to shove)

 

and

 

3) Natwest admit that they dont have any evidence of a DD mandate.

 

(Thus admitting they should have told Lowells to "do one" as soon as they appeared)

Edited by noomill060

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Tell Natwest the you intend to start a legal action naming Natwest and Lowells as co-defendents if they (Natwest) dont refund every penny of the money they gave away to Lowells and Nat West's bank charges.

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I would happily rip all their arms and legs off, including the Banks.

 

So:

 

1) Natwest think Lowells are of "dubious reputation"

makes you think if this situation as arose before?

2) They have agreed to refund "part" of the charges

(thus admitting that they should really refund the lot)

defo

 

 

and

 

3) Natwest admit that they dont have any evidence of a DD mandate.(Thus admitting they should have told Lowells to "do one" as soon as they appeared)

or at least checked with the account holder first.

 

 

half refund as a goodwill gesture is not good enough.

 

lowlifes are 100% to blame here.:-x

this has to be reported.

how much more can they get away with.

 

ma griff.

assure your daughter that she will get all the help that she needs here in sorting these ******* out.

 

SAM:pLOWELL DETESTER


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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"half refund as a goodwill gesture is not good enough."

 

But a better admission of liability for giving away someone else money I have yet to see.

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Look at it this way- if Nat West though they were blameless, they wouldnt have offered to remove any charges..

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I would happily rip all their arms and legs off, including the Banks.

 

So:

 

1) Natwest think Lowells are of "dubious reputation"

I won't comment on this part of your post ;)

(Thus admitting that they should have known better than to give your daughter's money away.)

 

2) They have agreed to refund "part" of the charges

 

(thus admitting that theyve made a big mistake and should really refund the lot but are too mean spirited, but will do when push comes to shove)

That part is wrong, they have taken circumtances into consideration and the fact that it left her with hardly any money into consideration when refunding some charges. They aren't doing it because there is necessarily a mistake.

and

 

3) Natwest admit that they dont have any evidence of a DD mandate.

Have you read about AUDDIS? The DD provider would hold the mandate.

(Thus admitting they should have told Lowells to "do one" as soon as they appeared)

See above but I am sure things will become clearer with the post today.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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