Lowell and Hamptons

[Bazooka Boo]

Wheres James, He'll know what to do.......after all he does work for them.

[Bazooka Boo]

Ten searches is way beyond any lowlife explanation, not even they could fabricate a valid response to that (even if not read by you) Complain to the ICO is a definite must..

 

50P bet that he will not respond to this thread,quite selective on which thread to post his wisdom on is james. and if he did would claim that he works for lowell and NOT hamptons.:lol:

 

And I thought he was a she? Although he/she still hasn't come back clarify this VERY IMPORTANT matter, of utmost URGENCY, you MUST respond this won't go away you know James/Samantha!!

[Bazooka Boo]

http://www.ico.gov.uk/complaints.aspx

[Bazooka Boo]

I've tried to have a look for the reference to carrying out so many searches on one account, as usual can't blooming find it, BUT, the people to make the complaint to is the ICO and the CRA for allowing, yet again, their bosom buddies to carry out so many unjustifiable searches, bloody scandalous.

[Bazooka Boo]

I'll be very surprised if these undesirables will reply, they have to find someone who can read first!

[Bazooka Boo]

I would complain to the CRA's for allowing such a disreputable company to search your files without your permission so many times aswell, tell them you are seeking legal advice.

[Bazooka Boo]

Send Sam Barnard a Letter Before Action, and tell her in no uncertain terms that if they fail to supply you with the CCA request, of which you have paid the statutory fee of £1 for, AND they do not return your postal order, you will report the matter to the Police for theft, and fraud by false representation,

quote the specific part of the fraud act,

2Fraud by false representation E+W+N.I.

 

(1)A person is in breach of this section if he—

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation—

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if—

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

S2, they are attempting to make a monetary gain from you, in light of use the £1 PO for the CCA as a means to keep the debt alive, you should also note on the letter that you will have nothing further to do with a company that acts outside of the law, that you have made a complaint to the OFT & TS for investigation and that as you will not deal with them at all in the future including their numerous trading styles, they should pass this account back to the OC immediately, OR if they have bought the debt including the rights under the law of property act, they should stop all collection activity until the matter has been fully investigated by the OFT TS and the Police.

 

People are far too soft when these DCA's attempt to exploit the debtors lack of knowledge and commit fraud like this, if every one this happened too made the necessary complaints they would be reigned in a lot sooner.

 

http://www.consumerdirect.gov.uk/contact Give them a ring and tell them what lowlifes have done, and say that you want this to be fully investigated and not added to the pile, advise them that you are looking at making a formal complaint to your local Police also regarding the matter of fraud, see if they agree or not.

[Bazooka Boo]

I can do, will be better able to advise you during the week mind, they can wait, well they will wait!

[Bazooka Boo]

Best to keep everything in the open so it gets as much attention and advice as possible, I will be back on later hopefully with a head that is working......

[Bazooka Boo]

LETTER BEFORE ACTION

 

Ref Number.

Dear Sam Barnard,

I refer to the above account number which you insist is attributable to me.

 

I have no knowledge of any such debt, and in any case any debt I may have had, is Statute Barred under the limitations act, something which again, you choose to ignore.

In your letter dated the 28th August 2010, you incorrectly state that you received an 'attempted' payment of £1.00 on the 3rd February 2006.

My records show that this will have been the statutory fee required in request for a consumer credit agreement, of which the request clearly states what the enclosed payment is for.

Your statement that I "attempted" to make a payment is incorrect and a flagrant abuse of your position. As such I have informed the relevant agencies including, but not limited to, the Office of Fair Trading, Trading Standards, and the Finacial Ombudsman, to investigate your fraudulent claims.

 

For your failure to act lawfully and supply me with the CCA requested in February 2006, and failure to return the stautory fee, instead fraudulently using it against the alleged debt, I am gathering this evidence along with that you have previously sent, in order to take legal action against yourselves and make a formal complaint to the Police for offences committed under the Fraud Act 2006, namely S2.

 

For your repeated unauthorised and vexatious searches on my credit file, I have reported you to the Information Commisioners Office to investigate, this will also form part of my claim against yourselves for damages in relation to this matter.

 

I now require confirmation from yourself that by (DD/MM/YYY) you will have erased any entries you have made on my credit file, you will also return to me my statutory fee of £1.00 which you have fraudulently used in your attempt at keeping an alleged debt alive.

And finally, you will accept that this alleged debt is beyond the limitaion period and close your files accordingly.

I expect a response by the date mentioned above, if, you continue to pursue this matter I will instigate legal proceedings against yourselves and claim damages in relation to your conduct, time and expenses and stress caused in dealing with you in this matter.

I also reserve the right to make a formal complaint to the Police regarding the attempted fraud you allude to in your letter of the 28th August 2010.

 

I look forward to your prompt response and your confirmation that this will be the end of the matter after rectifying all of my concerns laid out above.

Sincerely.

(print name)

 

You 'could' send that, or edit it to suit, HOWEVER the threats of legal action should 'only' be made IF you intend to carry them out, as is the reporting them to the Police for fraud, you should definitely report this shower to the ICO/OFT/TS & FOS.

[Bazooka Boo]

I'm sorry but this is too wordy and 'emotional' it also contradicts itself, the grammar and probably the spelling too need to be run through Word spell checker or similar.

If they receive this letter as it stands it will not be taken seriously, okay we know this is how they will treat it anyway, but don't give them a stick to beat you with.

 

OK please advise accordingly, how would you reply in respond in their feeble attempts to extort money from people?

If my poor grammar and spelling offend you, please rectify said sentences or paragraphs, the idea of this site is to assist and help those who are being threatened and harassed by those that know better, not for others/trolls/newbies to pick fault and attempt to ridicule those giving giving advise and assistance please stick to credit today where your uneducated comments will be better welcomed.

Edited September 7, 2010 by Bazooka Boo

[Bazooka Boo]

If they receive this letter as it stands it will not be taken seriously.

Only because they cannot read it!

[i'm sorry but this is too wordy and 'emotional'/QUOTE]

Please don't apologise, (EDIT) ...if you tell them to break the words down in to tri-agrammes and bi-agrammes they must just be able to work it out!..

Edited September 7, 2010 by freakyleaky
Personal insults removed

[Bazooka Boo]

Yes that sounds better, well done, mine was only a suggestion of what you 'could' send it is always up to those asking for advise whether they decide to use it or parts of it. Let us know what drivel they come back with, if anything, and we can go from there, hopefully that will have the desired result..

[Bazooka Boo]

Thats even better! See what can be achieved with more than one interpretation and editing....all it needs is for one CAGger to start, and it is finally remodelled into a working template..

[Bazooka Boo]

'I came here seeking help to deal with Lowell and now I don't feel able to post on this site ever again due to 'Bazooka Boos' unpleasant comments and suggestions.

 

Sandalwood, please excuse my comments, I'd had a particularly bad day and was ready to lay into the first person I could, and unfortunately this happened to be someone on the other end of a computer screen who had given their opinion on something I had worked on, watered down and reworked numerous times, simply to be told by a new member that it was full of faults and holes. It was very late, and I should have left it till the morning to reply.

I didn't, hence the comments of which I do apologise.

 

If you need help with lowlifes then please let myself and others help you in what will be a one sided fight, I hope you feel that you can use CAG in your fight against them, and you will learn lots about your rights along the way, don't take too much notice of what I previously said, it's only words, and lowlifes will use a lot stronger against you in their fruitless attempts to get money out of you.

[Bazooka Boo]

Hope you used some red ink too?

[Bazooka Boo]

Answer the phone, and just say "One moment I'll go get him" then place the phone down on the side and do something more important like watching paint dry.

Keep a diary of events with a view to reporting them to your local Police Station for the criminal offence of harassment, also you MUST make a formal complaint about them to Ofcom.

http://www.ofcom.org.uk/contact-us/

 

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©persistently makes use of a public electronic communications network.

 

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

 

If they can use it against Paul Chambers, then why can't we use it against these fools?

http://www.theregister.co.uk/2010/09/24/twitter_joke_appeal/

 

1 Prohibition of harassment. E+W

 

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

[Bazooka Boo]

Definitely keep a copy of that, for the next DCA foolish enough to buy this lemon, that way then, you can send them the copy of this, and highlight, that before Lowlifes closed the account they generously cleared your alleged outstanding balance for you, that way if they believe you owe anything, they should take it up with lowlifes, as they have stated they paid it.

Well thats how I would interpret their letter...