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Lowell Finance saying not Statute Barred


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What they are saying is that although the debt is not legally enforceable, they may still make your life difficult by defaultling you, calling you, or taking any action which might eventually persaude you to settle the debt.

 

In respect of the misleading advice they gave you about the limitation period, I think that you should complain to the OFT and to Trading Standards. Others may be receiving the same advice but without the support of this forum to find out whether or not it is corect.

 

The authorities need to be aware of this kind of misleading information

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that leetre sounds really laugable from them

 

can you post it up please use:

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

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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that leetre sounds really laugable from them

 

can you post it up please use:

 

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

 

Thanks here it is

lowell_for_upload.pdf

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I have contacted the Trading Standards who are passing the information to the OFT, they will make the desision on whether or not to investigate the complaint.

the lady I spoke to was a in a bit of a hurry to get me off the line and had no idea how to manage a call (in my opinion) definatly needed training.

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I have contacted the Trading Standards who are passing the information to the OFT, they will make the desision on whether or not to investigate the complaint.

the lady I spoke to was a in a bit of a hurry to get me off the line and had no idea how to manage a call (in my opinion) definatly needed training.

 

That sounds about right. The OFT aren't really interested in engaging with the public or with handling their complaints. They find you a nusinsance and it is for this reason that bank charges, PPI, other abuse or malpractice have thrived for many years.

They will expect you eventually to run out of steam and to give up

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They may find that they need to rethink that strategy in view of yesterday's ruling tho I would have thought?

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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  • 4 weeks later...

hi all,

 

I have just noticed on a credit report that there is an entry from Lowell Finance

 

Default Date:27/06/2008

 

if they have accepted that the debt is statute bared can I get this removed from my credit report?

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hi all,

 

I have just noticed on a credit report that there is an entry from Lowell Finance

 

Default Date:27/06/2008

 

if they have accepted that the debt is statute bared can I get this removed from my credit report?

 

Yes, if you have a previous default date then you need to advise lowells that they must remove their incorrect data. If they refuse then next step is the CRA to get it removed and if no joy there, a complaint to the ICO.

 

S.

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However, if there is no previous default date - meaning that this is the first default for this sum then you might not be able to have it removed. Statute barred is not necessarily a bar to having entries placed on your file

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However, if there is no previous default date - meaning that this is the first default for this sum then you might not be able to have it removed. Statute barred is not necessarily a bar to having entries placed on your file

 

Although BF if they have not filed anything in the past regarding this default than the ICO guidelines state

 

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears

which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit

reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

 Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer

than three consecutive months in arrears.

Accounts should normally be filed as being in default where those

payments due have not been received for six months.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

S.

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  • 1 month later...

Hi All,

 

Just as a final and rather satisfying note, Lowell has agreed to remove the default from my credit report.

 

Thank you all for your help and advice on this rather trying matter, the help has been great keep up the good work.

 

Knowledge is power use it.

 

Thanks

David

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