Jump to content


  • Tweets

  • Posts

    • Thanks for this! I'm still not clear if I'm facing more than 6 points on my license though. Can you explain any further please? When I accept the 2nd speeding ticket, will they just charge me £100 and 3 points, or will they be more severe concenquences since that offense took place the following day of the 1st offense? Similarly, when I accept the 3rd offense, will they look at my record or just charge me with the £100 fine and 3 points?
    • Yes of course. That's why it says cc:: BIg Motoring World at the bottom. Don't imagine that this solves the issue. It doesn't. He not have to force the finance company and big motoring world to accept the rejection to give your money back. I suggest that you get the letter off tomorrow. And let us know what you hear but on Friday you should then send a threat to the finance company.   Have a look what I have said here about your options and read the whole thread as well.  
    • Been perusing the actual figures on the polls above wondering where the '16% claimed for deform comes from? I understand that there are 'weighted' end results based on secret calculations ...   Probably going to repeat this later, but remember that the ukip/brexit/reform/deform party has ALWAYS had poll speculation FAR better than their actual  performance at elections - by large margins. SO: The labor and Tory votes come largely from simply the people who say they will vote for them - sorted Lab 43% Tory 20%, with maybe another small 1-2% coming from the weightings of the 'not sures' Greens largely get what is declared from 'other' , although with another declared green bit from the 'pressed' question   So as the share of the voting displayed in 'other' granted to reform/deform is around 11%, where does the '16% too often being reported come from? Seems that reform has been granted as beneficiary of effectively ALL the don't knows and wont says, who when pressed didn't actually declare for someone else ... effectively adding 40%+ to their reported polling % - rather strange given their consistent under-performance compared to polling - or perhaps that is the cause of the higher rating eh?   Now I admit the possibility (probability?) of wingers being ashamed of declaring their support for the yuckey lemon end of the spectrum ... but surely  that should affect the 'Torys as well? Maybe the statisticians have simply weighted in that deform wingers are simply more likely to lie?   But - without 'weightings' and assumptions that faragits will get everything that isnt declared as a definite and unequivocal 'not that Piers Morgan' - reform is on around 11% it seems.   Add to that the history of polling a lot less than the hype - and the simple fact that faragit wingers seem to be spread across the country (presumably skulking in their moms spare room despite being 45+) and greens and lib dems seem to be community minded - I think two seats will be an epic result for farage. Hardly the opposition - far more raving wingnut party.   and importantly - Has farage got a home in clacton yet?
    • "as I have no tools available to merge documents, unless you can suggest any free ones that will perform offline merges without watermarking" (which you don't) ... but ok please upload the documents and we'll go from there
    • Please go back and read my message posted at 10:27 this morning @jk2054. I didn't say that I wasn't going to provide documents, only that I will upload them to an online repo that I am in control of, and that I would share links to these. You shall still be able to read and download them no different from if they were hosted here. And, the issue I have is not so much with hosting, but using an online pdf editor to create a multi-page pdf, again I have discussed this that same message.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

2 Defaults for the same debt?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4160 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi there everyone,

 

I have recently started trying to repair my credit file and wrote to all the lenders who defaulted me asking them to give me a full and final settlement fee. I received a response from Barclaycard to day to say they sold off my debt which they defaulted at £1198 to Lowell Portfolio for £745 in 2010 and told me to contact them to settle this. I also noticed a default of £745 by Lowell Portfolio and wrote to them at the same time. Putting 2 and 2 together I gather that these dafualts are for the same debt. Please can anyone advise me of the legitimacy of this? Also what can I do to about them as I am willing to settle with an offer? If I do this with Lowell will they both show the debt as settled? Please help!

 

Many thanks

Izzy

Link to post
Share on other sites

High welcome to CAG.

 

Does the Barclay Card entry show a settled and is the default date the same on the Lowell one.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

OK, send this by recorded delivery to The Data Controller at Lowell (don't use the box number address).

 

Formal Complaint, Breach of DPA 1998.

 

Ref: Credit Reference File.

 

Sir,

 

I do not acknowledge any debt to Lowell or any company you claim to represent.

 

I have recently checked my credit reference files held by xxxxxx credit reference agency (copy attached), Lowell have place an entry in regard to a Barclaycard Account alleged debt £745.00. Default date November 2011, as I am sure you are aware Lowell are not at liberty to change the original default date registered by an original creditor, the placing of such falsified information will be viewed very seriously by the Information Commissioners Office.

 

I am aware that some debt collection agencies have attempted to claim that they can replace a default date with the date the aquire or are assigned a debt again I am sure you are aware of this.

 

I now require Lowell to remove the incorrect data from ALL credit reference files immediately and to confirm compliance in writting.

  • Confused 1

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

No changing the default date is a serious matter, might even get you a lower figure.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

One more question, if I settle with Lowell, will they both show as settled?

 

 

One of these entries Must be removed so the remaing one should be marked settled or partially settled.

Did your offer state that any remaining balance should not be sold on.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

No, I haven't yet made an offer. I just wrote to both asking what a settlement they would accept, Barclaycard wrote and said I need to deal with Lowell so now I guess I need to pay off Lowell, but if I pay Lowell, will Barclaycard also remove their default?

Link to post
Share on other sites

Ok let's get this straight for you!

Paying this debt in full or as a full & final settlement is not a guarantee for getting the default entry removed, as a creditor/DCA has to report an accurate and up to date reflection of the conduct of the account eg.

1.The whole balance is paid off == the entry is marked satisfied.

2. A full and final settlement for an amount less than the full balance is agreed then the entry is marked partially settled.

 

A F&F offer has to be carefully worded other wise any remaining balance can come back to bite later on.

 

If you want to make this offer I can draft a letter for you.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Letter to the Compliance Manager

at Lowell send this by recorded delivery check when they receive it.

 

Ref: use theirs.

 

 

FULL AND FINAL SETTLEMENT OFFER (Conditional). Re: Debt For £xxx .xxx

 

Date xx xx xxxx

 

Dear sir,

 

I am prepared to make a full and final settlement in regard to this alleged debt this is made without admission of any liability as a gesture of good will and is made on the understanding that Lowell confirm the following conditios are met in full.

 

1. The offer is for £ xxxx .xx in full and final settlement.

2. The remaining balance will NOT be sold or assigned to any third party.

3. All references to this alleged debt are removed from ALL credit reference agency files on acceptance of this offer.

 

For clarification I do not acknowledge any liability for the alleged debt, this offer is open for 10 working days from the date of this letter, Lowell MUST send written agreement within that time scale, on receipt of Lowells agreement payment will be made within 7 days.

 

Isobella, I suggest that you start your offer at no more than 10% of the outstanding balance to start the process, this gives you room to negotiate, which no doubt will be necessary.

 

Brig.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • 3 weeks later...

Looking in as requested. OK send this with copies of the file entries to:

 

The Data Controller

Barclays

 

Re: use theirs.

 

Complaint duplicate credit file entries.

 

Sir,

 

I refer to the entry made by Barclays on my credit files reagrding the dbt for £xxxx.xx which has been sold to the Lowell Group, my credit file now shows entries for Barclays and Lowell and have differing amounts showing which is obviously incorrect as the account is now owned by Lowell I require you to remove the banks entry forthwith as it now appears that I have two defaulted accounts on my credit records.

 

I have enclosed cpoies of the file entries for clarification.

 

Please confirm in wriiting within 7 working days that this entry has been removed from ALL credit reference agency files.

 

Send recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I am having similar problem. Barclays sold debt to Lowell who have changed the default date to more recent. The debt was over 5 yrs old when this was done. FSA are useless!!! They say Barclays did not default debt as we entered into payment arrangement - we went into a DMP for all our debt, minimal payments. I have had a lot of back & forth with FSA. I have pointed out regardless of no 'Default' the date of default is from when we FIRST missed payments - Cause of Action etc. They are siding with Barclays/Lowell. Hubby has mental health problems and it is against lending code to sell debt when this is known - they were advised repeatedly! I have no faith in FSA anymore. Debt will never get paid. So tough luck Lowell!!!

Link to post
Share on other sites

IF the default was place more than 6 months after the cause of action it can be challenged, this comes under control of the ICO, not the FSA, so if the default has been entered after a much longer period of time say 2-3 years it should be reported to the ICO.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...