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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Help with Capital One


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No, the letter states:

 

I have further reviewed your account and can confirm that all the points were answered in my previous response.

 

In light of the above,

I believe that the outstanding balance is fully due and owing.

 

 

I have enclosed a copy of these documents for your perusal (nothing enclosed).

I would ask you to contact our Customer contact centre to discuss repayment plan.... yayayaya

 

This letter represents my final response on the matter, if you dispute this contact financial ombudsman....

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Haha. It may be their final response but it's not going to be yours!

 

 

Don't reply for a few days - couple of weeks - because if you do they think they are calling the shots.

 

 

Write back and say that they did not reply to the points you raised in their previous response and then repeat the bit about HSBC v Carey.

 

 

Then CPUTR etc....... And then say, "It is a simple question and the answer is YES or NO."

 

 

As you suggest I shall of course be reporting this to the Financial Ombudsman if you fail to provide the documents I have requested within seven days. You state in your letter of xx that you were enclosing documents for my perusal but these were not enclosed.

 

 

Then when you have a minute phone up the FOS and report them for demanding money from you without providing a copy of your alleged credit agreement. If FOS ask if you had the money say you did but you think you may have been overcharged and incurred various penalty charges and it is for the reason that you wish to see your original agreement, as of course you have a right to do. They will give you a reference number and send you a form to complete. In my experience Lowell will write to you before you send in your complaint, because they will be notified immediately.

 

 

DD

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  • 1 month later...

Good morning,

 

I wrote to Lowell and reiterated the questions asked. I messaged FOS stating what you mentioned and Lowell have written back to me again saying exactly the same thing suggesting the points were answered previously etc.

 

Thanks

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Ok, i'm basically sending them this is not a legal document letter. Is that correct?

 

Hi,

Does anyone have a copy of the above letter template? I've just looked in the library and can't find one. Am also fighting Lowell on behalf of someone else's Cap1 CC that have received the short application form and seperate T&Cs everyone seems to have been sent.

 

Many thanks in advance for any help

Regards

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  • 2 weeks later...

I sent the letter to Lowell, they have sent a reply today stating: Your letter has not raised any further points and therefore I feel that my previous letter, dated 19th November, adequately answered all of the concerns you had raised.

 

In light of the above, any further letters will be noted but not responded to.

 

Your account is currently being managed by Fredrickson International. Therefore, please contact them on 0845 313 6613 to discuss an affordable payment proposal.

 

This letter represents my final response on this matter. If you wish to dispute my decision the Financial Ombudsman Service provides a dispute resolution service to assist customers who fel their complaint remains unresolved. You have the right to use this service for up to six months from teh date of the letter dated 19th November 2014.

 

 

 

 

 

 

I have put in a complaint with the FOS. Any idea if i should do anything else in the mean time?

 

 

Thank you

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I would ignore completely, and wait and see if they issue a claim,

 

then defend on the basis of improper execution via s61/65/127(3)

 

the fos will not look at enforceability issues

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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you are not going to get anywhere with Lowells,they will just say they have complied with s78

 

the fos wont be of any help, so its deadlocked

 

so wait till you get an lba and argue it out initially with the solicitors

 

and then if they issue, defend on the basis of improper execution

 

really its a case of come to an arrangement to pay,ignore in the hope that they do nothing or defend in the long run

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I've just found this on another thread, do you think i should send it to Fredrickson??

 

I am sending this tomorrow to both addresses that this joke of a company have.. Just wanted to get some input from this forum.

 

--------------------

out of date template removed

Edited by dx100uk
dx
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No out of date and just going round in circles imo

 

Do you own a property or employed?

 

This often determines whether they persue a court claim

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Debt in your name so can't obtain charging order

 

If not employed no attachment of earnings

 

makes claim less likely

 

Read up on the 1983 regs and s61/65/127(3)cca1974

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ok, do you think I should send them the account is in dispute letter which has been sent to previous DCA?

 

I am actually in employment, but have no assets in my name and my outgoings are more than my income atm.... should I include any of this information in a responding letter?

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why keep inviting letter tennis

when anyone first failed to send you an enforceable agreement

you should have stop writing then.

 

 

you keep writing they'll keep thinking one more letter will mug you.

 

 

until/unless a claimform is issued

I'd be ignoring everything.

 

 

this has been going on +4yrs here already!

 

 

must be SB'd, last payment?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What is SB'd?

 

Statute Barred

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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this thread explains the s61/65/127(3) basis of defence

 

but as dx says above ignore and see if they issue a claim

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441354-CCA-from-HSBC-credit-card.&p=4693108#post4693108

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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