Disabled Veteran Harrassed for 4yrs by DCA for debt of unknown person

[stu007]

Hi all

 

Well writing this while its still fresh im my mind lol.

 

Well just off the phone to a good frien thats look over all the documents on this and what he has advised is to respond to Lowells letter in this way:

 

Dear Sir

 

Thank you for your letter dated xx/xx/xx but this does not resolve the issue of your Client giving your company the incorrect data. Therefore i require you to either:

 

1. Provide the Name and Address of your Client Data Compliance Officer so that i may have written confirmation from the Client that this Data has been removed.

 

or

 

2. You contact your Client and request they forward to myself a letter confirming that this Data has been removed.

 

If these request are denied i will therefore assume that you Lowells have had all the Legal Rights & Responsibilities said Reference since your first contact.

 

The main reason he said this is because you only have lowells word in a letter this has been done after 3yrs, an as they mention the client you are entitled to request confirmation from lowells that the clients has actually done this.

 

Ok please please Caggers your advice or comments on this ( i think its a bit strong but after what veterans been through dont know).

[stu007]

Hi give them fa

 

Can see exactley what your saying as the have all legal rights & responsibilities for said debt since they purchased the debt.

 

Thats the point my friend was going on about but he kept refering to the letter and that its Lowell that has brought in the Client by refering to them in the letter so you are entitled to confirmation from the Client.

[stu007]

Hi All

 

Well next draft letter for Lowells as usual you comments an suggestions most welcome.

 

Dear Mr XXXXXXXXXX

 

Reference: XXXXXXXXXXXXX

 

Thank you for your letter dated 8th November 2011, but I feel this complaint is still a long way from being resolved and still require further clarification.

 

You state the following in your letter:

 

● “Lowell Group is a debt purchase company. We purchase customer accounts from various creditors – including credit cards, loans, store finance, current accounts,home shopping and mobile communication – and then work with each customer to build realistic and affordable repayment plans. The sale of an account is usually done when the client has exhausted their own collections procedures, which often includes the appointment of external collection agents, without success. On this particular account our client has confirmed that two external companies were utilised in assistingt heir recovery attempts. As part of the process of purchasing accounts we are provided with customer contact details and the telephone number XXXX XXX XXXX was provided as part of the purchase of this account. Our client has confirmed that thecustomer supplied this telephone number as part of their landline contact information. As an aside, we have been advised that our client did not provide the telephone number to either of the external debt collection agents, and therefore they each independently associated your number to the same customer account”.

 

a. Since your Company purchased this debt from the Client, you purchased the Legal Rights & Responsibilities for that debt from the Client. Therefore your Company is legally responsible for all actions not the Client.

b. Your Company has also failed in the Data Accuracy compliance by failing to accurately check the Data given to you by the Client was accurate.

c. Your Client contracted the external debt collection agents to act on their behalf and these external debt collection agents when informed incorrect number but failed to inform your Client. Therefore the incorrect data was still being processed and as they were contracted by the Client they are responsible for their agent failure.

 

● “Please be assured that no further contact will be made by the Lowell Group of Companies in connection with this matter, nor has your information been passed to any external agencies. I have also contacted the client from where the incorrect data originated and they have also removed your telephone number from their records”.

 

a. The incorrect data originated from the Client as you state but Lowell’s failed to check the accuracy of that data and processed incorrect data therefore Lowell’s failed in its data accuracy compliance.

 

b. The incorrect data originated from the Client therefore I require the following:

 

1. Either you provide the Name and Address of your Client Data Compliance Officer so that i may have written confirmation from the Client that this Data has been removed.

 

OR

2. You contact your Client and request they forward to myself a letter confirming that this Data has been removed.

 

If this request is denied i will require a full explanation as to the reason and will take it that your Company was Legally Responsible for all Actions.

 

I look forward to your reply

 

Yours Sincerely

Edited November 23, 2011 by stu007

[stu007]

Hi

 

Any comment or suggestion on the draft letter caggers?

[stu007]

Hi give them FA

 

The reason the Client is mentioned in the draft letter is due to Lowell stating in there letter numerous time about this client right down to it was the client that gave them the data. Then further into the letter they state the client did not provide the two external dcas with the number. but the client contracted these dcas therefore they are responsible for there actions.

 

Its really a round about way of trying to get to the bottom of who the Client is since its Lowells that has brought them into the equasion.

[stu007]

Hi Caggers

 

Well letter is going on Monday to lowlife soz lowells but need your advice and views on this one as Veterans friend has advise him as well to add to his letter.

 

The point he raised is that as the Veteran wasnt the debtor and it was never confirmed by Lowells the Manager he spoke to who asked him to confirm he doesnt live at this debtors address and proceeded to state the debtor full address over the phone to an Unknown Person they have just given enough information to commit ID Fraud

 

The Veteran during the recorded call had explained to the manager that they new the debtors full name and the only thing they didnt have for the full address was the door number and the reason for this being all the other DCAs giving this information which the manager proceeded after that to give the debtors full address.

 

I am unsure whether to add this to the letter but can totally see where they are coming from as ID Fraud is so wide spread could this really be classed as that?

 

Whats your thoughts and views and as always Caggers thanks again.

[stu007]

Hi Caggers

 

Thought this info may be of interest to anyone else dealing with Lowells amazing what you find doing a bit of digging on a company.

 

In September 2011 TDR Capital acquired Lowell Group from Exponent. This investment was particularly attractive due to the company’s significant asset base, attractive return-on-capital profile, market leadership and emphasis on careful customer management. The business has significant growth opportunities going forward both in its core sectors and in new industries, which are adopting debt sale strategies as part of their credit management processes.

 

TDR Capital

 

Founded in 2002, TDR Capital is a leading private equity firm with approximately €2.6 billion of commitments under management. Collectively, our team has completed transactions with aggregate purchase price in excess of €15 billion and has a track record of investing in businesses that have delivered excellent returns for investors.

 

When we partner with a company, we bring a vast network of resources, operational expertise and a pragmatic ability to make things happen.

[stu007]

Hi

 

I fully know it probably wont make a blind bit of difference but just to put a Spanner in Lowells me thinks now ceo of tdr capital also getting sent copies of lowells action and letters.

 

Hell why not they got a right to know the actions of one of there cowboy companies

[stu007]

Hi All

 

Just thought id drop in and say not forgot about this post and hope to have updates shortly and it does get better as now even Motormile Finance UK Ltd are now harassing veteran and letter sent to then due to call handlers shocking attitude fully recorded as well lol.

[stu007]

Hi Bazooka Boo

 

Fully agree but what he want to do is get all the evidence he can against these DCA CROOKS and there treatment of INNOCENT VICTIMS and then pass all his evidence onto his MP and if needed the Media.

 

As he puts it the DCAs have all this protection handed down to them by Government and illegally use this protection to 'Get Out of Jail Free' and nothing is actually ever done. They may ammend acts or legislation but they are still getting away with it.

 

The people they are chasing for actual debt may actually be in a vulnerable position but the way thye act is so draconian they may as well be standing over these people with a baseball bat or loaded gun the way they act.

 

Seems all you seem to get is 'Sorry it wont happen again' yeh right

 

As for the companies that pass the debts onto these DCAs they should also get it in the neck but how are they to know the actions of these DCAs when the refuse to give out the Clients details and hide behind a Government Act 'Data Protection Act'. (Because they dont want you letting the client know of there illegal actions as they would lose the business thats why).

[stu007]

Hi dx100uk

 

Fully see your point and agree.

[stu007]

Hi All

 

Veteran has sent letters on 12th Jan to Lowells, Motormile Finance UK Ltd and ChequeCentre UK and is still awaiting a response will get copies and post up as soon as i can to keep you all updated.

 

Veteran has asked me to say 'THANK YOU TO ALL AT CAG FOR YOUR VALUABLE ADVICE AND SUPPORT WHICH HAS BEEN UNBELIEVABLE AND UNEXPECTED, EVERYONE SHOULD BE PROUD OF THE HELP THEY GIVE'.

[stu007]

Hi all

 

well here is the letters that the veteran has sent, i do understand your thought of ignoring these DCAs but he has tried this and all they do even if told its the incorrect number the DCAs all promise to remove number but fail to do so thus its passed onto the next DCA.

 

So he feels writing to them to get confirmation in writing and gathering more evidence of these DCAs strong arm tactics to innocent victims its about time someone took a stand against them and how they are breaking so may gudielines and acts.

 

here are the PDF of the letters he has sent on 12th Jan 2012 recorded delivery which have all been recieved but to date no response.

 

* Lowells PDF - Is veterans response to Lowells letter

* Motormile Finance PDF - Same debtor different debt.

* Cheque Centre UK PDF - Copy of Motormile complaint sent to Cheque Centre as Motormile stated they were the Client.

[stu007]

It also gets better

 

Today the veteran recieved a call from WFS and he requested to know the companies full name and just not an abbreviation, the call handler refused and repeated WSF so veteran further request full companies name the response was

 

"This is personal information and we do not need to give out that information only WFS".

 

Veteran queried this info and call handler procedeed to state "this is personal information and under the Data Protection Act we do not need to give that information".

 

Veteran requested to know which part of DPA refers to this and pointed out that they were in breach of OFT Guidance on debt collection and yes they do have to give the companies name. The call handler refused

 

Veteran then contacted there complaints dept and the female call handler from a complaints dept procedeed to state the exact same and when further questrioned on DPA and OFT breaches hung up - GOOD COMPLAINT DEPARTMENT!!!

 

So as you can guess they are now going to get and official complaint as well all the more evidence of DCA incompetence and trying to use laws to get out of there incompetance.

 

To be honest after all the help and advice from CAG he is absolutely loving getting all this evidence against these DCAs because as he puts it if this is the way these companies operate to someone completely INNOCENT with no debt to these companies god help the poor individuals that do own them a debt with there agressive intimidating tactics as these people are as bad as illegal doorstep loan sharks but are getting away with it.

Edited January 24, 2012 by stu007

[stu007]

Hi dadofholly

 

Yes he has got the number and recording but even there complaints dept refused full name and quoted the same DPA hed did callback and get another person at the same dept totally different attitude full of remorse bit to late if you ask me Welcome Finance.

[stu007]

Hi

 

Its the idiots Edinburgh Branch but got same response from there head office complaints dept and attitude then hung up on when he started pointing out there errors and breaches of DPA and OFT they really didnt like someone that knows there rights.

 

To confirm it was as he also checked there website then he rang the Edinburgh branch and there he was same call handler of initial call that refused to give companies name as its personal information under the Data Protection Act - What a load of BULL.

[stu007]

Hi

 

Thanks for that but the veteran is actualy now proving that this problem is indusry wide in the Debt Collection Sector its not just one or two making errors or failing to follow Guidance and Law Acts but the whole Sector it really needs a good kick somewhere.

 

I fully understand they need to try and get these debts paid and there may be people the like giving them the run around, but there are also how many innocent vicitms chased due to complete incompetance of these companies and there will be people how through no fault of there own find themselves is this situation.

 

If the veterans experience is anything to go by and they treat innocent victims like a piece of dirt then you can be assured they are doing it to those who actually owe these debts and getting away with it for far too long.

 

Even when they know they are in the wrong they try and hide behind Acts of Parliment which any individual would probably not question or these people in such a vulnerable position they should all be held to account.

 

This Sector really needs to be to be Regulated so much better than present otherwise this will never change and these DCAs will just carry on without a care in the world as they are still doing.

[stu007]

Hi Brig

 

Fully agree with you and i know veteran would.

 

I will let you know as an example how determind he can be, some years ago h took on a Local Authority fighting them for over 6yrs and he won his case full apology, all his money back which was a considerable amount and changed local authority policy and veterans agency were in back ground observing at veterans request.

 

It was then taken further by the veterans agency who in turn passed finding onto ministers so when he gets his teeth into something and knows he is fully in the right he will not let go until it is resolved to his satisfaction not theres.

[stu007]

Hi Brig

 

Thank you for that its very much appreciated

 

Getting a new scanner tomorrow so i can scan any incoming response letter from these idiots minus personal detail and put on CAG as well

[stu007]

Hi Brig

 

Dont laugh you jogged my mind to check my other computer as i was sure i managed to scan lowells 1st response letter of 8th Nov 2011 before scanner gave up.

 

Ok should have checked earlier well here is there Response Letter from Lowells Dated 8th Nov 2011.

 

Also please note his response to this letter is in Post #293

Edited January 24, 2012 by stu007

[stu007]

Hi All

 

Well here is the letter sent recorded delivery today to Welcome Financial Services ooopps not meant to say that its WFS its a secret cos the company name is classed as personal information under the Data Protection Act mmmmmmmmmmmmmmm.

[stu007]

Hi Brig

 

Should also mention veteran had call from TS on phone for over an hour and all he has told me while laughing his head off was cant wait to see how these companies get out of this lol.

[stu007]

Bazooka Boo

 

That would be great much appreciated.

 

the veteran is also counting the clock down with Lowells, Motormile Finance and Cheque Centre as he did give them 14 working days to respond.

 

They have all recieved the letters but not even an acknowledgement yet and he is sooo looking forward to it even TS have been surprised at his determination not just to hold these companies to account but that hole sector.

[stu007]

Hi

 

The classic is Miss XXXXX left school just over 1yr ago how do i know this you ask - well the school phoned my number for Miss XXXXX to say info passed to Job Centre but gets better.

 

a few months after that Job Centre Plus phone my number for Miss XXXXX as they had a job interview for her so you can guess my response was to tell them about all this and why is she fraudulently given out my phone number as hers.

 

Also do agree these different companies are probably chasing different debts.

[stu007]

Hi

 

Well this is the letter recieved by veteran from Lowells yesterday made him laugh dont think they are liking it that he wont let it drop.