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

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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

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This has just arrived,

 

 

ADVANTISLOWELLCOOPAUG182014_zps9faa2bd7.jpg

 

Is there a letter to notify a DCA I'm in the process of following FCA's advice or do I just write my own?

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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!

 

 

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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


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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.

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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.


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Typical!


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!

 

 

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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.

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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!

 

 

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

 

Andy


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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.

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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.


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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.

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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!

 

 

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The FOS would not rule in this instance as it was and still is concerning bank charges and the CO-OP selling us a loan to pay off an O/D made up completelt of bank charges and interest on those charges.

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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.

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letter removed- personal info left on.

Edited by citizenB

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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

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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.

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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!

 

 

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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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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

 

No.

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