Jump to content


  • Tweets

  • Posts

    • Oil and gold prices have jumped, while shares have fallen.View the full article
    • 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.
    • The streaming giant also said it added 9.3 million subscribers in the first three months of the year.View the full article
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

CO-OP OD all charges - and Loan to pay off OD...


phatram
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2096 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Thank you for your email dated *** **** **** in respect of your dealing with Lowell and Advants DCA’s.

 

First step you can take is making a complaint directly to the firm outlining the reasons for the formal complaint. Detailed steps an individual could take should they wish to complain about a regulated firm can be found on our website. For your convenience, I have attached the link to our website below:

 

www.fca.org.uk/consumers/complaints-and-compensation/how-to-complain

 

If the firm cannot send you a final response within eight weeks, then they must inform you that you can ask the Financial Ombudsman Service (Ombudsman) to consider your case.

 

I trust this email is of assistance, and has clarified your potential next steps.

 

Yours sincerely

Link to post
Share on other sites

  • 2 weeks later...
  • Replies 183
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Standard computer generated rubbish.

 

IMO I would file it under ignore, your dealing with the FCA, wait for them to respond DCA's are powerless to do anything anyway.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

The use of a secondary DCA is against the rules, it makes you believe that this is a new DCA when in fact the original DCA is not interested in pursuing the debt so farms it out to try to fool you.

 

Have you sent in the usual CCA/SAR requests and account in dispute letters, have you had the correct responses? If not why not?

 

Have they responded and failed to give all required documents?

 

I would tell Advantis this account is in dispute with the Lowell group and you will NOT be dealing with them and tell them to send it back to Lowell end of.

 

Sorry to be blunt but take control and be heard!! I would also inform both groups that a formal/official complaint has been logged with the FCA and demand a final resolution letter within the prescribed time limits from Lowell

If I have been of any help, please click on my star and leave a note to let me know, thank you.

Link to post
Share on other sites

We Acknowledge No Debt To Your Company

Dear Sir / Madam,

 

With regards to the above accounts/reference numbers; 
Your client THE LOWELL GROUP have been made aware that this account has been in dispute with THE COOPERATIVE BANK since early 2009.


Despite clear written notification of such, your clients have shown a total disregard to both Consumer legislation and also matters under the Data Protection Act 1980 by its instructions to yourselves to further pursue collection whilst a dispute remains. 
 We now put you on written notice to the fact that we will be taking this matter further and we have been in contact with the FCA regarding your conduct.

 

Therefore, you must now immediately cease sending any further collection correspondence to myself, refrain from any further attempts at collecting any payment with regards these accounts, and also immediately cease processing my personal data in respect of any alleged arrears or debt.

 

Should your collection activity continue following being made aware of this:

 

1/ We shall immediately seek directions from the Court with a view to obtaining an injunction against your company, preventing your continued harassment.

 

2/ We shall also file formal complaints with the FCA and also my local Trading Standards office, with a view to urging a review of your suitability to retain your CCA74 & other regulatory licenses.

 

3/ All correspondence from yourselves will continue to be retained by ourselves, and may later be used as evidence in a future claim for damages.

 

The FCA has recently issued stern warnings to those individuals and organisations who have initiated hostile actions (threats and secondary actions, addition of collection charges, and the sharing, passing or processing of personal data with third parties) whilst customers are seeking to enforce their Statutory and legal rights, and we strongly suggest you familiarise yourselves to these warnings.

 

Since this is a formal complaint you are also required to send us a copy of your complaints procedure, as per guidance from the FCA, and also the Financial Ombudsman, who act on their behalf.

 

We look forward to receiving a copy of these, together with your written undertaking that your own attempts at further recoveries will now be suspended.

 

 

Yours Faithfully

 

 

 

 

 

 

 

Hows that?

 

Of course mate, this has been going on since 2009 and I'm on about DCA 6.

Link to post
Share on other sites

The use of a secondary DCA is against the rules, it makes you believe that this is a new DCA when in fact the original DCA is not interested in pursuing the debt so farms it out to try to fool you.

 

Have you sent in the usual CCA/SAR requests and account in dispute letters, have you had the correct responses? If not why not?

 

Have they responded and failed to give all required documents?

 

I would tell Advantis this account is in dispute with the Lowell group and you will NOT be dealing with them and tell them to send it back to Lowell end of.

 

Sorry to be blunt but take control and be heard!! I would also inform both groups that a formal/official complaint has been logged with the FCA and demand a final resolution letter within the prescribed time limits from Lowell

 

 

 

As Lowell is a debt purchaser (Lowell Portfolio/Lowell Portfolio 1) they can properly use a 3rd party debt collector to manage and collect a debt on their behalf.

There is no breach of the DPA this is not a "new" assignment.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • 2 months later...
  • 1 month later...

FROMFREDS15DEC2014RECOOPLOANACCOUNT_zps41771f86.jpg

 

Third time now with Freds!

 

This I've adapted from the 1st letter I sent to Freds a few years ago,

 

With regards the above accounts/reference numbers; This is now the third time you have harassed me concerning this alleged debt.


Your client LOWELLS & THE CO-OPERATIVE BANK have been aware since early **** that this account was in dispute, and being investigated by FOS.

In your letter of the ** *** ****, you enclosed copies of 6 statements of our current account with The Co-Operative bank. This data has been illegally processed by yourselves and the Bank as the account was closed on ** **** **** with a nil balance. We are in the process of taking action against the Co-Operative bank concerning this matter.

Despite clear written notification of such, your clients have shown a total disregard to both Consumer legislation and also matters under the Data Protection Act 1980 by its instructions to yourselves to further pursue collection whilst a dispute remains. 
I now put you on written notice to the fact that this matter has now been handed over to my solicitors to deal with.

 

Therefore, you must now immediately cease sending any further collection correspondence to myself, refrain from any further attempts at collecting any payment with regards these accounts, and also immediately cease processing my personal data in respect of any alleged arrears or debt.

 

Should your collection activity continue following being made aware of this:

 

1/ I shall immediately seek directions from the Court with a view to obtaining an injunction against your company, preventing your continued harassment.

 

2/ I shall also file formal complaints with the FCA with a view to urging a review of your suitability to retain your CCA74 & other regulatory licenses.

 

3/ All correspondence from yourselves will continue to be retained by myself, and may later be used as evidence in a future claim for damages.

 

The FCA has recently issued stern warnings to those individuals and organisations who have initiated hostile actions (threats and secondary actions, addition of collection charges, and the sharing, passing or processing of personal data with third parties) whilst customers are seeking to enforce their Statutory and legal rights, and I strongly suggest you familiarise yourselves to these warnings.

 

Since this is a formal complaint you are also required to send me a copy of your complaints procedure, as per guidance from the FCA.

 

I look forward to receiving a copy of these, together with your written undertaking that your own attempts at further recoveries will now be suspended.

 

Yours Faithfully

 

Anything incorrect or that I should add please?

 

Many thanks.

Link to post
Share on other sites

Forget that...seriously, they won't even read it!

 

Dear bill&ben,

 

Thank you for your latest letter dated dd/mm/yyyy the contents of which have been added to my file subject to legal action.

I am available for any such legal action that you might carry out subject to a minimum of 14 days notice, and subject to me

changing the hearing tomy local court.

All and any frivolous vexatious claim you make will be robustly defended. I look forward to seeing you in court.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Wouldn't respond at all...its designed to get you to communicate and provide history...history and detail they dont have.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Wouldn't respond at all...its designed to get you to communicate and provide history...history and detail they dont have.

 

Andy

 

I am worried they will start legal action, really don't need the hassle. The CO-OP do owe us far more than we owe them and I firmly believe the loan was mis-sold and is something I am pursuing.

Link to post
Share on other sites

If the account is still being investigated by the fos. Then send them a letter with.

I acknowledge no debt to you or your client.

 

The alleged account you mention is currently under fos investigation which when resolved may exceed any alleged balance.

 

Please contact your client to confirm that the investigation is ongoing. Be aware any legal action will be viewed as vexatious and robustly defended.

 

 

Then send to the owner of the debt a covering letter stating their obligations and accountabilities for the actions of their agents and if they continue to harass you while the fos investigation is ongoing you will not only complain to the fos and the fca but will also sue for damages for harrassment.

 

 

If the dca has refused to give u a copy of their complaints procedure. Do a seperate complaint to fca And Fos. U sgould get £50 out of it. Then complain to FOS about the debt owner continueing to harass u.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

I wouldn't be in the slightest bit worried about any such legal action, because it isn't ever going to happen.

 

If they had a solid case against you then they (the bank) would have taken legal action against you sooner, and most certainly well before four years had elapsed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

ah slightly more difficult then

There is no ongoing investigation to keep[ the account "offically" in dispute.

 

Just saying I do not agree with you does not prevent them from collection activity. It would have to be an investigation ongoing by a regulator, Ombudsmen or Court action

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

I disagree with the post above stating legal action will not happen.

 

They may chance it to try and get a default judgement.

 

Time to start reading threads and looking at cases similar to your own and how people managed to defend the action. That way when (or IF) the N1 claim lands on your mat you know how to put a defence together and understand the timeframes involved.

 

When the time comes post up their Particulaes of Claim (minus any personal detail) on here and any draft defense you have so people can help you finalise it.

 

You will also need to give information on the N1 claimform here to ensure deadline compliance.

 

SO IF it arrives we will need to know the SERVICE date of the claim form AS SOON AS IT ARRIVES

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Link to post
Share on other sites

BC sends those out like confetti, simply to get a rise out of you and to get you to contact them via phone.

 

Willy waving IMO.

 

There has to be something fundamentally wrong with this account or the OC WOULD have taken legal action against you sooner.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Carter may well issue a claim so you need to get your ducks in order...have you requested a copy of the agreement?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Get one off today then.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

The now legal owner of the debt

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 3 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...