Jump to content



  • Tweets

  • Posts

    • Have you suffered any loss from fraud?
    • Hi   I recieved the following email a few days back I sent a complaint but had no response or acknowledgement        Dear Me Unfortunately, I am writing to you to let you know that earlier this week we discovered that DivideBuy and its customers (including you) have been the victims of a cyber incident, which involved some of your personal data being accessed. I wanted to write to you as soon as I could, to let you know what we have discovered so far, and how we are going to protect you against any consequences of this attack. Details of the Data Breach In the last few days, since becoming aware of the incident, we have been working hard, together with external specialists, to make sure that all data is secure and that an attack of this kind cannot happen again. We have also established that within the information that was accessed it may be possible to identify: Name Date of Birth Address Telephone Number Email address Associated Alias Although some credit report information was also contained within the material that was accessed, this was not stored in a readable format and so is not likely to be able to be used by the person or persons who accessed it. Please be advised that the data compromised in the incident did not contain any bank account or credit card information.   Further Steps My primary concern, and the concern of everyone at DivideBuy, is to make sure that as far as possible you are protected from any worry or other adverse consequences as a result of this incident. In conjunction with TransUnion International UK Limited (“TransUnion”), one of the UK’s leading consumer credit reference agencies, we have therefore arranged a 12 Month subscription to TrueIdentity, an online monitoring service, at no cost to you. This credit monitoring service will notify you by email of critical changes to your TransUnion Credit Report.  Should you receive an email alert, you can review and validate the reported change by logging into the TrueIdentity portal. This allows you to identify any potentially fraudulent activity on your TransUnion Credit Report.   How to access TrueIdentity To take advantage of this service and help protect your identity, please visit:  https://trueidentityassist.creditview.co.uk And enter the following Secure Access code below before 30th March 2021: DVB1346 Upon successful completion of the registration process, you will have access to the following features: Unlimited online access to the TransUnion Credit report. Unlimited online access to the TransUnion Credit Score, with score factors analysis. TransUnion credit monitoring alerts with email notifications to key changes on a consumer’s credit file. Unlimited access to online educational resources concerning credit management, fraud victim assistance and identity theft prevention.   What should I do if I believe I am a Victim of Fraud? If you believe you are a victim of fraud, check your credit report and dispute activity via your TransUnion Credit Report that you do not recognise. TransUnion will then contact the Lender who has provided the data to make them aware that the data is possibly fraudulent. The Lender will then perform a fraud investigation and remove any data if they find evidence that fraud has occurred. You may wish to add password to your credit file as an extra level of security, so any lenders performing a credit search will need to request the password from you so they can proceed with the application. You can do this by adding a Notice of Correction (NOC), for free, to your credit file. You can do that by emailing [email protected] with the wording you would like to apply and include your full name, address, and date of birth.  Please bear in mind that Notice of Correction data is not shared across the credit reference agencies. You can also request a Notice of Correction to be raised with the other credit agencies too, please see their contact information below:    Experian Ltd: https://www.experian.co.uk/consumer/guides/notice-of-correction.html Equifax: https://help.equifax.co.uk/EquifaxOnlineHelp/s/article/What-is-a-Notice-of-Correction1   You may also wish to contact Cifas, the UK’s fraud prevention service. They will be able to apply a Protective Registration warning on your credit file, for an administration fee.  To inform Lenders that you think your data could be at further risk of fraudulent access, so they can make additional checks to protect you moving forward.   The Protective Registration flag can be applied to your file with immediate effect by telephoning 0330 100 0180 (and must then be confirmed in writing).  You can also apply online at www.cifas.org.uk/pr_for_individuals. I, together with all of my colleagues at DivideBuy, truly regret any inconvenience this may have caused you, but we are working hard to put this right and to make sure that it cannot happen again.     Rob Flowers Chief Executive Officer   You are receiving this important information email because some of your data was on our database at the time of the data breach. You have NOT been added to our marketing lists or any other email list. We are sending this email to a list of people to provide important and urgent information updates about the data breach ONLY. You will not receive any marketing emails from DivideBuy unless you have signed up to receive marketing emails from us. If you wish to contact us regarding the matter you can contact us by post or email [email protected] www.dividebuy.co.uk Copyright © 2021 DivideBuy, All rights reserved. DivideBuy, Brunswick Court, Brunswick Road, Newcastle-under-Lyme, ST5 1HH, UK     I went on the dividebuy live chat and was told that dividebuy are not giving compensation for this breech, what can I do as this is causing me all sorts if worry now that my identity is going to be used in fraud, they have offered the 12 month transunion thing but I can't help but think this won't pick everything up on the dark web. I suffer from bipolar and I am really struggling to deal with it.   Is it worth me starting a County Court claim for damages or would I be wasting my time. Or would it be too early to start that and need to go through a certain route?   Tia
    • It was £229 DIGIHOME 32INCH HD READY SMART TV   Dx100 so ill have to wait for them to get back to me and then take it to a repair shop to diagnose the fault? Do you think there's any chance they might just replace it? It was only £229 which is not a lot to them but not an amount i can afford to just replace unfortunately.  
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 27 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

carter/lowells claimform - JDW shoe tailor cat debt*** Claim Dismissed***


Please note that this topic has not had any new posts for the last 2300 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

this is for an old Shoe Tailor account from Dec 2004.

 

I've checked my credit record and it's showing Lowells default date 4 January 2012.

 

I have had no letter of intent from the Solicitors?

 

I have made payments to this debt so pretty sure it is not statute barred.

 

It has been to lots of different DCAs.

 

I have now entered into a Debt Management Plan and Lowell have more than one account with me and do know this.

 

I had passed accounts to Stepchange, which i informed all creditors of.

 

Having checked my email I only put reference for the other account i have with them in the email

i sent them notifying them of my move to Stepchange.

 

I believe I last paid this account on the 23rd December 2014.

 

The particulars of the claim are:

The claim is for 3352.20 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

The debt was assigned to/purchased by Lowell Portfolio Ltd on 20/12/2012 and notice served pursuant to the law of property act 1925.

 

re: JD Williams account.

 

 

What do I do now?

 

As its a catalogue I'm guessing they wont have nor need a signed agreement?

 

Also I can only see 12 months of my record on my credit file

but believe this debt has become more than double the original value i had with Williams originally

as although i was making payments they charged me more than my payments.

Link to post
Share on other sites
  • Replies 117
  • Created
  • Last Reply

Top Posters In This Topic

Hi Marcy and welcome to CAG.

 

If you type Lowell into the search bar top right in the grey strip under the CAG logo and this will reveal a plethora of threads of others in the same scenario as your self...just follow a thread most similar to yours and subscribe and follow the instructions they have already been advised.

 

Anything you are not sure about just post here and I will pop in to clarify anything

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

have you done the CCA request to lowells

and the cpr 31:14 yet?

if not do so.

 

don't bother writing to carter he just messes around.

 

on a PS I hope you've done this with all your debts through stepchange [a cca request]?

they wont bother to ever check they are legit/

 

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... 

Link to post
Share on other sites

unsually we WOULD say send to the claimants solicitor [CCA/CPR]

 

HOWEVER, if you read a few carter threrds of recent

 

all he does is sends a std response wasting your time

hoping you'll throw the towel in.

 

send them to LOWELLS.

 

as for step change

 

yes get a CCA request to everyone being paid thru the DMP

though PDLs or bank accounts aren't really worth it.

 

you say you've issues with PDLS

 

theres a payday loan forum here

you might find it useful to start a thread on each one there.

 

the guys are very good on that forum

 

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... 

Link to post
Share on other sites

Hi, A couple of Qs as I'm getting different info:

 

1) at what point were digital signatures available/ catalogues became enforceable without a physical signed agreement?

 

The reason I ask is National debt line advised April 07? My account was opened in 2004.

 

2) why would my original debt not appear on my credit report for this?

It's only showing Lowell,

to the best oft know I defaulted on this account back in 2006 .

my report show default issued by Lowell's oddly in 2012 but no history passed 2013 at all ?

 

Can I default twice?

 

Why no record before April 2013?

 

I've sent a SAR to williams also will they still hold records??

Link to post
Share on other sites

Ooh!!

You know I said I contacted all creditors?

 

Found one for Bryan Carter.

I told them I was paying them money and quoted reference

and as I had not heard from them please could they confirm why I was paying them and any account numbers.

 

They replyed on 18th fen as follows:

 

Dear xxxxxxx

 

We are no longer instructed in this matter.

 

If you need further assistance pin this matter please contact our client at the following address:

 

JD Williams/Reliable Collections

Martin House

23 Hunts Bank

MANCHESTER

M3 1AX

 

 

Yours Sincerely

 

Bryan Carter Solicitors LLP

11 De Havilland Drive, Weybridge, Surrey KT13 0YP Tel: 0845 219 8686 Fax: 0845 223 5656

e-mail: [email protected]

 

Members: Bryan F Carter,Ian Marsden, Mary Kelly

Associate: Katharine Smith

Authorised and regulated by the Solicitors Regulation Authority.

Bryan Carter Solicitors LLP is a limited liability partnership registered in England & Wales with Registered number: OC351865.

Registered Office: 11 De Havilland Drive, Weybridge, Surrey

 

hmmm so how can they them start court claim for this??

Link to post
Share on other sites
Hi, A couple of Qs as I'm getting different info:

 

1) at what point were digital signatures available/ catalogues became enforceable without a physical signed agreement?

 

The reason I ask is National debt line advised April 07? My account was opened in 2004.

 

2) why would my original debt not appear on my credit report for this?

It's only showing Lowell,

to the best oft know I defaulted on this account back in 2006 .

my report show default issued by Lowell's oddly in 2012 but no history passed 2013 at all ?

 

Can I default twice?

 

Why no record before April 2013?

 

I've sent a SAR to williams also will they still hold records??

 

when you debt is sold

the new owners name replaces that of the original creditor

they WILL need a signed agreement to win I suspect.

 

await your CPR/CCA returns

 

JDW SAR very good idea

 

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... 

Link to post
Share on other sites
  • 4 weeks later...

Sent SAR to JD WIlliams whom have aknowledge however no response as yet.

 

 

Sent CCA to lowells - no acknowledgement or anything.

 

 

Sent CPR to Lowells and to Bryan Carters.

 

 

Got what looks like a standard response from Bryan carters declining to send me anything.

Lowells again not responded,

I will double check recorded delivery info later today when I get home,

however this was sent on 5th March.

 

As mentioned above,

I did email BCarters who told me they no longer are dealing with this debt and to contact JD Williams on 18th Feb.

They then seemed to quickly issue a claim to an alternative address

- claim date 26 on form February.

Think they were trying for a CCJ by default.

 

 

I now need to submit my defence

- I've been working on this and will submit shortly for advice.

Is it usual for Lowells not to respond?

Link to post
Share on other sites

Particulars of Claim:

The particulars of the claim are:

 

The claim is for ... the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/or goods.

 

The debt was assigned to/purchased by Lowell Portfolio Ltd on 20/12/2012 and notice served pursuant to the law of property act 1925.

 

Note: default on my account shows against lowell debt on the 4th January 2012 - does this contradict the above???

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. I contacted Bryan Carter prior to this claim requesting information on alleged debt who responded on 18th February 2014 stating they were no longer instructed in this matter and to contact their client JD Williams/Reliable Collections. - should I include this? if so is it worded correctly?

3. I have contacted JD Williams, whom I was informed by Bryan Carter was the original creditor, from whom the debt was assigned by to clarify matters by way of full details of how this claim is made up via a SAR on 5th March 2014 by registered 1st Class Royal Mail post, who have acknowledged the request and I am now awaiting response.

 

4.The claim is denied with regards to an amount due under an agreement.The Claimant/Solicitor has refused to disclose any agreement or statements on which its claim relies upon.

 

3. On receipt of this claim I requested information pertaining to this alleged debt from the Claimant by way of a CPR 31.14. Bryan Carter Solicitors' response stated they will not comply and that its based on a simple contract which I should have in my possession.

4. A CCA request was sent to Lowell Portfolio I, by 1st class recorded delivery using royal mail postal service on the 5th March 2014 and thus far they have failed to respond.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a) show and disclose how the Defendant has entered into an agreement; and

 

(b) show and disclose how the Claimant has reached the amount claimed for;

 

© show how the agreement was legally terminated to allow the claimant relief.

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedureicon Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

6. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

Link to post
Share on other sites

I personally would remove 2/3 Marcy..the above defence is one of mine and drafted as to to put the claimant to strict proof to disclose.

All defences should start with either....... I accept... I admit... or I deny... I refute

 

The points you have added add no value or merit to the defence and should be retained for later in the process.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks Andy. I've just checked and the piggin CCA sent to Lowells seems to be lost in transit!! The tracking still showing drop off and no delivery !! Argghhh,, I can send a new one today and will go post office now, not sure how this effects defences??? :S

Link to post
Share on other sites

You could send a further request it has no effect on the defence ...the fact that you have made a request is suffice.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Dont forget to print off your receipt as proof of submission.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

received what looks like,

viewing other forums,

 

a standard reply from Bryan Carters.

 

One is a copy addressed to court stating they wish to proceed.

 

The second is worded as follows:

 

Please see attached copy of letter sent to the court confirming that the claimant wishes to proceed with the Claim at this time.

 

The claimant agrees in principle to mediation.

 

We should also be greatful to hear from you in relation to without prejudice negotiations and you may contact us on (telephone number).

 

Should i contact them???

 

Or await papers from court?

Link to post
Share on other sites

Its your choice Marcy...if you feel you can proceed to trial and present the defence in court you ignore.....if mediation is of interest in ending it now then you approach them...possibly by Consent/Tomlin Order.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

RE SAR from JDW.

 

Got this through. Includes along list of charges and payments and lots of page saying "no details available"

 

I have attached a summary of the main details.

 

They've provided the balance of my account when passed to these- going to check payments in bank to see if sum in POC is correct. I'm a little shocked at the sum of the account assuming this is all charges?

 

Any advice or help with Math would be appreciated!!

 

[ATTACH=CONFIG]50086[/ATTACH]

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...