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    • Did you send the note giving them the extension of time? When does the extension expire/date for issue of claim? I see that this thread started on 25 October. I have to say that when it started I thought it was going to be a quick fix and hadn't bargained for virgin's ineptitude which has certainly made it a lot more interesting but I'm hoping that March is going to be the month that it will finally all get sorted out. Surely someone responsible within Virgin has got to start taking a look and understanding the extraordinary mess that they have built for themselves and want to sort it out.  
    • Dispute with Vodafone and get copy invoices last invoice 2016 no balance on old number I have invoices upto nov16 showing no balance brought forward just before upgraded.   you say above you have all the bills that state a zero balance up until nov2016 are they in the SAR return too,? and all the ones after nov 2016?   the account number in the poc is this the same number as on those bills you have? and the number on the pages of the comms log you uploaded? as the comms log appears to show payments were being made right through the period you say the bills you have all show £0? then being transferred to other invoice numbers  , do these invoice numbers the payments were transferred too match the invoice numbers show £0 balance you have?          
    • no go back and read my guide earlier CAREFULLY...
    • Oh ok.   I thought I would need to write some sort of defence when I acknowledge the claim on the mcol website.
    • woe SLOWDOWN>   your defence is weeks away. (day 33) no there are no templates as each claim is unique. however, if you use our search top right. for say claimform card you'll see numerous versions people have adapted based upon our std holding/no paperwork defence , one of which, might well be suitable.   get CCA/CPR requests running monday and get AOS done now on mcol, you've already lost 10 of your 19days to do AOS   then get reading up as i detailed above the more you read here the stronger we become   dx      
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

thepalace1 v's Lowel Portfolio - Default 1 of 2

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As advised by car2403 on this thread, post number 4




I am starting out to remove defaults from my credit file, where the companies placing defaults, had either;-


a) No signed valid agreement in force

b) a dodgy DN


c) No prior express consent to process my data


this thread is concerned with all 3 points above


Lowell have 2 defaults on my file, so this thread will be involved with default number 1.


Said default was placed on my credit file at Equifax on 26/04/2008, with Current Balance standing at £154 and delinquent/default balance standing at £79.


Today I have sent a CCA request and my £1 worth to them at their registered office in Leeds, and have given them the mandatory time frame to comply,


What should I do if they fail to comply, they will not send a completed signed agreement because NONE was signed, the OC was Littlewoods.


I never gave them permission to process my data, nor did I to Littlewoods, the order for goods was taken out over the phone, and at no point did they ask my permission to process my data to third parties or CRA'S, and I never signed any credit agreement.


Will there be any chance in a court of persuading the judge that the permission required under law and by virtue of The Data Protection Act was never given or implied.


I am not bothered about court fees in the first instance to initiate any claims, as I am on a low income and am able to claim help with the costs.


What does bother me are the costs I could be liable for if I lost.


This saga regards Default 1 will probably go on for some time, so here is my thread, any help along the way would be welcomed.



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it is possible to have a go and have the defaults removed though it is difficult, the problem is is that although the paperwork is either not available or it is unenforceable the debt in effect does exist, i think it would be difficult to persuade a court that the default is illegal, as they would argue that you had the money/goods, etc. you could be opening a can of worms for yourself

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it is possible to have a go and have the defaults removed though it is difficult, the problem is is that although the paperwork is either not available or it is unenforceable the debt in effect does exist, i think it would be difficult to persuade a court that the default is illegal, as they would argue that you had the money/goods, etc. you could be opening a can of worms for yourself


I get what your saying, and thank you for your advice, but


How could a court fail to uphold the meaning of the Data Protection Act, and state just because I had the money/goods? you have a default, when I never agreed to them sharing the data, if I don't agree to the sharing they cannot share, unlike CCj's, IVa and Backruptcies, which they have a right to share (the cra that is) without my permission, the others, as agreed by one CRA's themselves in an email to another cagger (I will find the post, can't at the moment) stating they have to comply with the DPA and if no consent, then no data

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i totally agree and their are caggers on here who have tried to go down this route and i believe there have been a couple of victories on this point i wish you luck but think you may have a difficult battle

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I admire your determination, but as d4g says it will be almost impossible to do. The Debt Collection/Banking industry thinks it is a law unto themselves, the CRAs' are their 'Best Buddies' and what Government departments that still exist should/could be doing to regulate the industry is almost non-existent. Yes, the laws/guidelines exist, and yes, in reality most of what you are saying should be possible, but the reality is it is not a fair world and as is the case in all walks of like there will always be a big divide against the haves and have nots.


All we can do in reality is complain, complain, complain to all relevant people and hope that one day the sheer number of complaints will force some kind of action.


Rant over

Every journey begins with a single step :):)


Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.


If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You


The only person entitled to your Personal Finance details is a Judge not a DCA


Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I have just received this reply from experian


Thank you for your response.


As you can see we received a response from Lowell Group below following your dispute. As the company have not provided any authorisation for Equifax to amend or remove this data, this remains unchanged. The company are not obliged to provide Equifax with documentary evidence to support the dispute response so I would recommend that if you require any other details or documentation about this account that you contact the company directly.


If you'd like to pursue your complaint about this I would suggest you do so in writing to either the Information Commissioner's Office or the Financial Ombudsman Service.



can anybody tell me if there stance regarding not needing evidence from the oc is correct, surely they need proof to be able to figure whether the data is accurate or not

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