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    • nothing you can do can product against the very rare judge lottery syndrome.
    • not sure why you added the blue line I've highlighted? that's no in the we gave you.   as for your question... PRAC's roboclaim computer knows when the account was taken out, after all it raised the claim and checked everything carefully first before issuing the request via northants bulk courts equally inept roboclaim computer... 
    • I've been researching in preparation of compiling my particularised defence/WS.    I'm none too happy that some judges still seem to be siding with DCAs and seemingly brushing aside anything that we have assumed to be "necessary" for DCAs to have a winning case.    Reading a recent "summary" from another poster (another thread with case similar to mine - very old, illegible application form, no default notice, reliance on their own software to prove it was ever sent) and the judgment made in favour of the DCA and even suggesting that there was no "agreement with the DCA, they simply owned the debt, not the agreement"  Makes me very nervous.    Especially if cases like this will be judged on "probability" - the probability that if I signed the original application form, then I must have taken out the credit card and racked up the alleged debt as shown in statements enclosed in their WS (and dated some ten years later).   Is it ok to post some "evidence" I've found from elsewhere?    This is in line with my fears that regardless of how hard one tries to rebut the "lack of evidence" produced by DCAs for chasing these very old "alleged" debts, it does appear to come down to the luck of what judge you get on the day and how much they can be swayed by the DCA solicitor.    A quick Google search produced the following - from one case - this related to a credit agreement - which resulted in someone being made bankrupt - that person appealed the bankruptcy order on the grounds of defective credit agreement and default notice and this was the appeal judge's decision:   The necessary formalities for the entry into the regulated consumer credit agreement (which related to the debt in issue) were not complied with; The default notice served in respect of that credit agreement was defective.   The First Ground The Appellant argued that she did not receive the terms and conditions when she entered into the credit agreement and, accordingly, section 61 of the Consumer Credit Act 1974 (“CCA”) had not been complied with and the agreement could not be enforced. The agreement had been entered in 1995 and, whilst it had provided a microfiche copy of the front page of the application, the Respondent had been unable to provide a copy of the terms.   Despite the terms not being produced, the District Judge had found that, in the circumstances, it was very likely that such terms existed and would have been provided to the Appellant when she entered into the Agreement. Mr Justice Mann held that this was a finding that the District Judge was entitled to make.   Further, Mr Justice Mann found that it was implicit from the District Judge’s findings that she considered that the terms and conditions not only existed but had been subscribed to by the Appellant’s signature and, consequently, the requirements of section 61 CCA were fulfilled. Mr Justice Mann held that this was also a justifiable finding which should not be interfered with on appeal.   The Second Ground The Appellant also argued that the default notice upon which the Respondent relied did not comply with the Consumer Credit (Enforcement, Default and Termination Notice) Regulations 1989 because it stated the full balance of the account rather than the total of the missed payments. The Respondent argued that, as a result of the missed payments, it was contractually entitled to the entire balance subject to the service of the appropriate notice, a requirement which was fulfilled by the default notice itself and, consequently, the sum required to remedy the breach was the entire amount.   Mr Justice Mann agreed with the Respondent and the District Judge, holding that: “If by the time the default notice is served circumstances have arisen which entitle the lender to recover not merely sums which might be regarded as arrears, by which I assume is meant accumulated minimum payments, but also the whole of the sum, then they are entitled to claim that sum, and the sum to require to remedy the breach for non-payment of that sum is the payment of the whole sum due. The bank is not confined, at that stage, to claiming merely the amount of arrears if it has an accrued contractual right to have the whole of the sum.”   Do judgments like these not mean that a lot of what you guys do on here (and for which I and many others are VERY grateful) somewhat redundant. What is happening to judges just accepting "well, the terms must have been there if you signed it" -    Feeling quite nervous now.
    • we know it wasn't done to avoid enforcement we understand completely. but that doesn't take from away the fact that it happened   you can't appeal the pcn's on the basis that 'it was not his vehicle to levy upon'. the law clearly states otherwise.          
    • here is a question for you, is yu house divided up into a retail/business area  and domestic area for business rates purposes? If not why on earth are you paying business water rates? ceertainly not for tax purposes as you can claim any legit expense without having to reclassify your home as a business premises. i would be stopping this nonsense and goping back to whatever water supplier is the domestic one for your area. there is stuff all they can do to get the £40 from you whan you do that.
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nobbyblobby

Lowell and 3 'debt' - Successful removal of all info

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Have been chased by Lowell for a debt I am unaware of for months. Have just returned their letters up to now.

 

I then discovered the cheeky scamps had recorded a default for the debt on my credit records.

 

I know there are template letters but I sent my own on 14th May and got a response on 17th May!

 

Response states that they have closed the account with immediate effect AND have removed the entry from my credit files. I'll post the body of my letter once I've removed personal info.

 

Obviously delighted by the outcome so feel free to copy the letter I sent.

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RE: Original account number

 

 

 

Enclosed: 1.Credit record extract,

 

2.Letter from Hamptons Legal to me,

 

3.Letter to Hamptons Legal from me,

 

4.Letter from 3 to me,

 

5Letter to 3 (CC Lowell Portfolio 1) from me,

 

 

 

Dear Sir,

 

 

I am writing to bring the above account to your attention. Please familiarise yourself with the account. I would like to repeat for clarity that I do not accept that I owe any money to Three and have yet to see any proof that I do.

 

 

Despite this, it has come to my attention that the account is being reported to AT LEAST one credit reference agency, Experian, that it is proven without doubt to be my account and that I have refused to bring this account up to date. I am waiting for my records from Equifax and Callcredit.

 

 

I am prepared to make a suggestion that will bring this unfortunate episode to a satisfactory outcome for both parties.

 

 

Should you,The Appeals Officer in the Credit Referral department at Three, agree (and not before) and do so in writing on company letterhead paper and signed and dated, I will:

 

 

-Make payment of £16.50 to bring this account up to date

 

 

And you will:

 

 

-Fully delete and expunge this disputed record from my credit files with all 3 credit reference agencies (namely Experian, Equifax and Callcredit) at the first possible opportunity.

 

This account is for a very small amount of money, but it is making my life extremely difficult. Should you fail to agree to my generous offer, I will pursue this matter through the following channels in order to force the removal of the default record:

 

 

1. I will approach Experian, Equifax and Callcredit and inform them that they are keeping inaccurate and incorrect records and request their deletion

 

2. Should I not be satisfied with the outcome, I will approach the Information Commissioner’s Office, citing the Data Protection Act and informing the Information Commissioner of the inaccurate and incorrect data.

 

3. Should I not be satisfied with the outcome, I will inform the Office of Fair Trading of the inaccurate and incorrect data and ask for their intervention on my behalf.

 

4. Should I not be satisfied with the outcome, I will approach the Citizens Advice Bureau and approach a Solicitor and inform them of the inaccurate and incorrect data and ask for their intervention on my behalf.

 

5. Finally, should I not be satisfied with the outcome, I will approach the County Court or Small Claims Court and ask that they demand that the record is deleted and expunged from my records at all three credit reference agencies. At this stage I will be forced to calculatethe cost of my time and resources and I will ask that the court demand payment of the calculated amount from you. My legal fees, too, will be demanded from you.

 

 

I feel that my offer of my payment of £16.50 in return for deletion is the best for both parties.

 

 

I look forward to your confirmation of the acceptance of my offer by return mail at your earliest convenience.

 

 

Yours Faithfully,

Edited by citizenB
formatting

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So was it simply that you were unaware there was an outstanding balance or did you not even owe it ?


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I knew nothing about it until the Lowell letters started.

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Righto.. I was just concerned that you were prepared to pay an amount that you didn't actually owe :) Well done for the success :)


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I had a similar issue with 3 and Lowell and they hounded me for 3 years before I beat them in court. There are thousands of these accounts sold for which neither 3 nor Lowell possess the information to support the defaults on peoples accounts. See Wathdog January 2009. ICO issue technical guidance saying this is a breach of the Data Protection Act yet the ICO are unbelievably relluctant to challenge Lowell. Like you 3 did not tell me of their sneaky default or that they were selling my account with a non existent debt. I hope you followed through your threat to report to the ICO and OFT as only sheer volumes will result in action being taken. Well done on getting the right result.

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citizenB, I think £16.50 would have been worth paying to have the default removed.

 

rc14, should I report them even though they backed down instantly?

 

Thanks to both for the congrats, hope others have as much success!

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Hi jodacoo

 

Personally I would still report them for the benefit of those CAG readers who have not been so fortunate. Credit Reference Agencies and Bankruptcy hearings should not be used so freely and with such vexatiousness. My opinion is that had the ICO acted in accordance with their own technical guidance then I personally would not have had to endure a three year battle to clear my name and have the erroneous default removed from my credit file. In light of my victory in court and the Subject Access information received from Lowell and Hutchinson (neither having evidence to support the default with Experian) I have asked the ICO to comment. They are refusing to answer my letters at present and have not explained on what evidence they supported Lowell. I think the ICO will act until enough people confirm Lowell are registering defaults or replacing defaults from original creditors without evidence to back them up. I also see little point in the OFT constructing guidance that no one bothers to enforce. You can email the ICO and OFT, but I think everyone who has concerns abaout Lowell's conduct should report these matters. I dont think Experian are entirely blameles either. Where there is a clear dispute over an alleged debt Lowell should have to verify the integrity of the information they are providing.

 

Congrats again the tide is turning in favour of the consumer thanks to websites like CAG

Edited by rc14

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I have attached the ICO guidance on default markers.

 

IMHO, a company should not be permitted to trash your Credit files in this way. They can do serious and irreparable damage for 6 years. Whereas if they had issued a court claim for the delinquent sum then they might not even have won !!

 

[ATTACH=CONFIG]44004[/ATTACH]


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Cheers guys! I'll have a read of the rules and fire off a letter to the ICO and OFT tomorrow.

 

Getting good at complaint letters!

 

Costing me a bloody fortune in postage though.

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Reported them to OFT and ICO but heard nothing back. I guess it'll just drop onto the pile of complaints against Lowell.

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Reported them to OFT and ICO but heard nothing back. I guess it'll just drop onto the pile of complaints against Lowell.

 

Hmm, I am very surprised to hear this. You would normally receive an acknowledgement at the very least !


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Then I shall continue to wait with baited breath and report back if and when I get the nod.

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It looks like you sent your complaints about the 21/22 May - so perhaps wait until this Friday. If you haven't heard anything, then perhaps email them both and ask why you have not had a response to your previous communication.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Was more like 24th I think so I'll give then til Monday.

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Can anyone help my silmilar situation.....

 

mobile phone with three 2009, sold to lowell, lowell took my to northampton county court, i acknowledges and then didnt submit my defence. to be honest i got a bit lost in it all. I now have a ccj - judgment in there favour (as they hoped i didnt defend)

Anyway i rung the court they said i could fill a N244 form if i think ccj has been entered against me incorrectly. I want to do this, i know ill have to explain why i didnt defend, im hoping they will realise that legal jargon is a minefield to people like myself and that i thought i had more time. But im unsure as to what to write in terms of why i feel i dont owe lowell anything. i have never seen proof that i do. I vaughly remember having three contract in 2009 and terminating it early as i think i had a dispute with a bill.

 

PLease i would be very grateful for any help as the letter says they have writ of Fi fa which i think is bailifts.

 

thanks to anyone who can help.

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You might be better starting your own thread, but someone may be along who has more experience of this type of thing.

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