DCA Administration Charges

[drob]

Just received a Formal Demand from Buchanan Clark & Wells and they have kindly added an Administration Charge of £54.60.

 

Are they allowed to add an Admin Charge?

[cerberusalert]

Not unless it is specifically mentioned in your original agreement no.

page 7 sec 2.10 http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[drob]

It is an alleged mobile phone debt, still waiting for Buchanan Clark & Wells produce information to prove my liabilty ... Very stroppy people Buchanan Clark & Wells!!

[cerberusalert]

Treat them with the contempt they deserve.

[PGH7447]

send them an admin charge for reading their letters say about £54.60 that should do it

[cerberusalert]

Dear BCW

 

I refer you to page 7 sec 2.10 http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf and the response in Arkell v. Pressdram (1971).

 

Yours,

[drob]

I was thinking the same thing ... cost of time and postage!

[drob]

Cerberusalert - thanks for the link but the link is invalid 'We have recently updated our website and the page you have requested may have been moved or archived'

[cerberusalert]

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

or download;

 

oft664.pdf

Edited October 12, 2011 by cerberusalert

[drob]

Many Thanks Cerberusalert

[huggy41]

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

 

or download;

 

oft664.pdf

 

 

this is why i save all my pre-paid envelopes i get off these people.

print off the whole pdf high-light the relavant passage then put in a A 4 envelope and tape there pre-paid envelope to the front and put it in a post box.

[drob]

Another great idea!!

[Happyhippy1959]

Yep Muppetcroft and CCSCollect tried that old Badger, told em here is my invoice ( never heard a dicky since ) though I have dispensed with the services of Moorcroft and have SAR O2 I only owe them £70 and I bet you that has a few late charges on it. Will make an offer to them when I get it... bye bye Moorcroft, good budgie and hamster bedding heading Hippies way.

[drob]

On 21/08/2012 by way of assignement Progressive Credit Ltd (Aqua Credit Card) assigned all of it's respectibve rights, title and Interest to Lowell Portfolio Ltd.

 

The total balance sold was £463.41.

 

In the same envelope I also received a letter from Lowell introducing themselves and huffing and puffing about it is their right to collect. I wrote to Lowell asking them to provide a full breakdown and statements to prove my liability to the alleged £463.41.

 

This morning I received the information from Lowell and the outstanding balance includes £199.41 of Overlimit Fees & Late Payment Charges.

 

I recently issued a county court claim against Capitlal One to claim Overlimit Fees & Late Payment Charges. Capital One settled the claim out of court, so I know the charges are challengeable.

 

My question is, even though Aqua have sold the account to Lowell can I still challenge the charges and tell Lowell that I am only prepared to repay £199.41?

 

Thank You in advance

drob

[BRIGADIER2JCS]

Yes!

[drob]

Yes!

 

Thanks, Brigadier

 

Should i do this as a Full & Final to Lowell? or just tell Lowell that I want the charges removed before I pay?

[BRIGADIER2JCS]

Thanks, Brigadier

 

Should i do this as a Full & Final to Lowell? or just tell Lowell that I want the charges removed before I pay?

 

You can certainly try, Lowel are not the most cooperative bunch and any F&F offer must be very carefully worded andno payment must be made until you have their unequivical agreement in writting in your hand.

 

If you need help with it pm me and I'll answer on the open forum.

[drob]

You can certainly try, Lowel are not the most cooperative bunch and any F&F offer must be very carefully worded andno payment must be made until you have their unequivical agreement in writting in your hand.

 

If you need help with it pm me and I'll answer on the open forum.

 

 

What I want to achieve is for Lowell to remove all charges and correctly update any information they have recorded with the credit reference agencies. One they have done the aforementioned or their unequivical agreement I then want to enter into a repayment schedule to clear the balance.

 

I just want to set my stall out from the start and avoid letter ping pong.

[BRIGADIER2JCS]

Reading this again I think you will have to challenge the charges with Aqua directly, Lowell will just refer to them I suspect.

 

send the following to The Compliance Manager

at Lowell.

 

Ref: as on their letter.

 

Dear Sir or Madam,

 

I refer to your letter dated xxxx regarding an alleged debt to Aqua which Lowell have aquired, please take not I do not acknowldege any debt in the amount of £ xxxx is owed either to Aqua or Lowell.

 

As the default sum is made up of a considerable amount of unfair penalty charges which are in dispute I cannot deal further with this matter which is now formally in dispute.

 

amend as you see fit.

[drob]

Thank you, BRIGADIER2JCS

[BRIGADIER2JCS]

OK

[drob]

I have been dealing with Lowell in reference to 2 alleged debts that they had purchased from Aqua Credit Csrd & Three Mobile.

 

After months of letter and email ping pong with Lowell

 

they wrote to me advising me that as a gesture of goodwill with no admission of liability they have decided to close both accounts,

therefore I will receive no further contact in relation to both accounts.

 

I then wrote to Lowell and asked them to remove ant information that they have recorded with the three credit reference agencies

and to cease processing or sharing any of my personal data.

 

On 25th April I received the following response from Lowell...

 

Dear drob

 

Upon closure of accounts xxxxxx & xxxxxx I requested that the information showing on your credit file for these accounts is removed.

This can take up to 50 days from the date of the request.

For clarity I can confirm as these accounts have been closed

they will not be returned to the original creditors or sold on.

 

Yours Sincerely

Lowell

 

 

I have received a further letter this morning Lowell regarding this matter...

 

Dear drob

 

Please be advised we are unable to remove details of defaults as we are required to reflect true and accurate information on how your account has been conducted.

 

As we are legally obliged to show information for 6 years from the date of the default, the information will not be removed from your credit file, however we will amend your file to show partially satisfied with a zero balance.

 

Yours Sincerely

Lowell

 

 

* Why have Lowell contradicted themselves in the second letter?

* How can a closed account show partially satisfied with a zero balance?

 

I'm not sure if to right to Lowell again and point out their contradictions or pass this on to the ICO, any suggestions or advice would be appreciated.

[Old Cogger]

They will stay on the CRA file for the 6 years as they state as a true record it seems - correct they can. if they have stopped chasing and closed the accounts, let sleeping dogs lie I would say. Wish our DCAs would do that for us.

[brokebutnotbeatn]

were these your debts?

[drob]

were these your debts?

 

Yes, they were 2 accounts that were in dispute with the OC before being sold to Lowell