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    • Yes contact ICO about this.   Lowell probably won't respond to your letter. Therefore registering this issue with ICO may ensure you get a response.
    • Lowell has recently bought over one of my old debts and in chasing me for payment have sent details of the debt to my ex-wife via email. Let me first start by saying i do owe the debt and I don't dispute it; whether it is unenforceable I don't know and this post/thread isn't to find that out. Lowell bought this debt earlier in the year for an account I ran between 2021 and this year before falling behind with payments and the debt eventually being sold off despite my attempts to deal with the original creditor. Lowell have sent me ONE letter in respect of the debt before reaching out via email to my ex-wife, giving information about the original creditor and the amount owed. I'm very concerned that Lowell have adopted this approach as I thought contacting a friend or relative about a debt was outlawed by FCA, but to find they have done this has left me shocked and a little embarrassed. I'm also concerned that they have potentially breached GDPR by sharing details with a third party without my consent. While there's little personal data given aside from the creditor and amount, I am mentioned by first initial and surname in the email sent to my ex-wife. I've never used this email account, have never had access to it and it has no connection to the original creditor so I have no idea why Lowell would use it to try to reach me. I've made a complaint to Lowell both about the communication being sent to a third party and potential GDPR breach, but should I be doing anything else?
    • thread title updated. so a sold debt. who are the solicitors? TM legal? why didn't ovo do this themselves as they do but chose to sell the debt on for 10p=£1? funny debt you state you reived a letter of claim, why did you not reply too it.? also is there is no indication of the date this bill comes from on the claimform? how do you know its from 2022? what other previous paperwork have you received? please scan page 1 of the claimform and bothsides of ALL previous letters upto one mass pdf read upload carefully. .................. pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website https://www.consumeractiongroup.co.uk/topic/466952-lowelloverdales-claimform-old-cap1-debt/?do=findComment&comment=5260464 .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Thank you again. I'm hoping it will come out in the wash and will endeavour to check my online account. I'm a bit unsettled by not hearing from Booking.com but the host is sounding helpful at the moment. HB
    • I've just remembered that a friend of mine had bookings cancelled on Booking.com about a month ago - and the good news is that all worked out in the wash. I'm at work now but will scribble properly in a couple of hours with the full tale.
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14 debts - mostly PDL's


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Hi

I have been on DMP (Payplan) since 2011.

 

 

I ve started to request statement from all my creditors and

 

 

one of them quid24 got back to me with the below details

and payplan are paying directly to them which am concerned there is debt collection fees.

 

 

If anyone has any advice relating to this i woul be extremly grateful.Loan was originally £ 100

 

07.11.2011 0:30:13 Debt Collection Charge ● -75.00

07.10.2011 0:10:33 4th Reminder Charge -50.00

04.10.2011 0:10:31 3rd Reminder Charge -30.00

02.10.2011 0:10:13 2nd Reminder Charge -50.00

01.10.2011 0:10:12 1st Reminder Charge -60.00

23.09.2011 12:06:41 Advance -100.00

23.09.2011 12:06:41 Interest Charge -4.50

23.09.2011 12:06:41 Transfer Fee -5.50

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How many other debts are you paying via your DMP?

 

The problem with Payplan, is they do NOT like you challenging the fees attached to the accounts and should you pull out of paying Quid24, they may close the whole plan.

 

Payplan do nothing that you cannot do yourself. If you want to stay in your DMP, I would advise you contact all that you are paying and reclaim ANY charges and PPI.

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Phew, were all these debts included at the start of the DMP?

 

What are the other 4 accounts?

 

I notice you have been in the DMP for at least 3 years and have only paid back £40 to Quid24. I am assuming you are only paying most of these companies £1 month.

 

Are you still using the same bank account that you had the loans paid into? Are you working?

 

If this was me, I'd open a brand new basic bank account that had no ties to the old one (unless you have already done this)

 

I would send a CCA

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

to each and every one of my creditors, you really need to include the paragraph

 

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

You will need a dividing folder with at least 14 compartments.

 

Each request will cost you £1 (plus paper,printing ink,envelopes and postage)

 

Should any of the companies not reply to you within 14 days, you can legally stop paying them until they comply with your request.

 

As you receive your replies, you can start a new thread for each one and we can help you with each one. You will need to do lots of work, but we are here to help.

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Yes all the debts were included at the start of the dmp and the other 4 accounts are provident and 3 bank overdrafts.

 

 

The companies are being paid a minimal amount as arranged by payplan and no i am not working at the moment

as i am receiving carers allowance and my husband works part-time and he is not willing to pay my debt.

 

 

Payplan do a yearly review but they are taking the total household income into account a

nd my husband is really not happy with this so i have decided to go it alone and pay all the debtors myself.

 

Should i stop the payment to payplan first then arrange the CCA to the creditors

or do i notify payplan that i am stopping payment and going it alone, how does it work?

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simply tell PP you are going to close the plan and stop the DD on XX date.

 

 

all of those fees you mention are unlawful

and can be reclaimed or taken off the outstanding balance.

 

 

just remember you cant CCA the bank account.

 

 

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... 

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theres no set rule.

 

 

pers I'd be waiting for whomever to scream first

 

 

are all the player PDL debts and who has them

give us a list

 

 

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... 

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theres no set rule.

 

 

pers I'd be waiting for whomever to scream first

 

 

are all the player PDL debts and who has them

give us a list

 

 

dx

 

 

1- 24/7 Moneybox original loan was £ 180, outstanding balance £212 according to PP I sent them email requesting breakdown of debt still waiting for a reply. Nothing about this debt in my credit file. (Payment up to date £79) While i owe them they lent me 2 times money i know it was my fault but .....

 

2-Cabot Financial(was Provident) original loan 3 different aggrement total £4000, outstanding balance £3560 i belive there is no unlawful charges added as they sent to me statement. (Payment up to date £402)

 

3-Peachy original loan was £ 100 outstanding balance according to them £ 355 but the thing is tho my credit file shows default £115 pound but its not showing monthly payments made like Quid24 or others. (Payment up to date £41)

 

4-Textloan now with (Fredrickson International Ltd) original loan was £200, outstanding balance according to PP £385 nothing about this debt in my credit file. (Payment up to date £46)

 

5-Balanceloan,Helploan now with (Intrum Justitia Ltd.) original loan was £100, outstanding balance according to PP £316 nothing about this debt in my credit file. (Payment up to date £112)

 

6-Quickquid now with (MMF Finance limited) original loan was £500, outstanding balance according to PP £460 default on my credit file. (Payment up to date £188)

 

7-PaydayUK original loan was £270, outstanding balance according to PP £360 on my credit file £339. (Payment up to date £127)

 

8-Lloyds overdraft now with (Moorcroft Group Plc) original overdraft was £400, outstanding balance according to PP £900 on credit file £905. (Payment up to date £100)

 

9-Halifax overdraft now with (Aktiv Capital) original overdraft cant remember, outstanding balance according to PP £550 on creit file £550. (Payment up to date £120)

 

10-Pounds Till Payday original loan was £240 i received statement of account from them Loan Amount £240.00,Broker Fee £66.43,Interest Fee £ 5.52,Late Payment Fee £ 59.00 and Payment amount to date: £109.28 nothing in credit file.

 

11-321cash.co.uk now with (SLL Capital) original loan was £200, debt sold months ago so they claim £880 and my credit file shows £1300. (Payment up to date £96)

 

12-Santander overdraft now with (Wescot Credit Services) original overdraft i cant remember, outstanding balance according to PP £610. (Payment up to date £65)

 

13-primepayday.co.uk now with Tower Credit original loan was £150, outstanding balance according to PP £270 nothing on my creit file. (Payment up to date £34)

 

14-quid24.com original loan was £100 pound, outstanding balance according to PP £335. (Payment up to date £40)

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theres little real point in sending CCA requests regarding PDL loan debts.

 

 

though IF you owe anything on a PDL debt

I would NOT be paying a DCA. esp fleecers like MMF

I'd be paying the original creditor.

 

 

no.2. with cabot, I'd be sending them a CCa request esp as its an old provi loan

 

 

the three Overdrafts, have they been sold to dca's or are they collecting.

 

 

it might be better to split these debts off into sep threads.

 

 

go make a new thread in the named forum for the original creditor.

 

 

theres no harm indropping all these repayments down to £5-£10 .

 

 

I hope you are not talking to these fleecing DCA's on the phone

 

 

how old are they too.

 

 

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... 

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When you send cca requests get a free proof of postage from the post office and keep it safe with a copy of the request.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro 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.

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I hope you are not talking to these fleecing DCA's on the phone

 

 

how old are they too.

 

 

dx

 

Much appreciated the advice.

 

 

I can see starting point now.

 

 

Debt are around 3-4 years old.

 

 

The three overdrafts according to my credit file i presume only halifax been sold because Aktiv capital updating montlhy repayments.

 

 

Santander and Llyods showing they are updating monthly repayments.

 

 

Currently i am paying PP monthly £55 and they spilt this between the creditors

 

 

so now i am canceling the DD to PP and waiting for the creditors to contact me?

 

 

Am i right on this way.

 

 

I am really sorry i have not dealt my creditors before.

 

 

Thanks.

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hey no sweat

 

 

the best thing to do is read, read & read here

 

 

look for similar threads with those you have debts with.

 

 

yes, just await the small forest that will decent through your door.

 

 

as the letters arrive

 

 

go start a new thread for that debt under the named bank forum

of the original creditor

and post up the letters.

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... 

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Hi Again

I requested a statement of account from MMF relating to QQ debt

Loan Date: 14/06/2010

Original Due Date: 13/08/2010

Orig loan value: 1000

Loan interest: 500

Refinance Fee: 78.64

Late Direct Debit fees: 48

Amount Paid: 224.81

 

This is what they sent to me

 

 

i was in default of £500

 

 

I checked my QQ account and they gave me 13 different loans (totalling 1012.50 in interest already paid)

 

 

and the last one of £500 was when i was already in default of £500.

 

 

Who should i complain about this too?

 

 

firstly QQ or the financial ombudsman?

 

 

as i dont think they done proper affordability checks and i know firstly it is my fault for this but where is it best to proceed now.

 

 

Thanks for any help

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Refinance fee? The other fee's can be ignored as theyre unenforceable.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I ve received their final email What should i do know?

Any advice would be grateful..

 

We can assure you that as creditors, we abide by our statutory

obligation under the Consumer Credit Act 1974 to undertake a sound,

proper and appropriate assessment of creditworthiness to assess the

borrower's ability to afford the proposed credit commitment. In

addition to assessing creditworthiness, we always undertake an

adequate assessment of affordability.

 

The affordability check is based on information, obtained from the

borrower and from a Credit Reference Agency. The process of assessing

affordability is assisted by all of your creditors registering

accurate data with Credit Reference Agencies, in a timely manner,

about the performance of an account and/or settlement of outstanding

debts/arrears.

 

We would advise you to contact Call Credit UK to check if all of your

creditors have reported accurate information on your Credit File to

make sure that when you make a loan application, the information

received from the Credit Reference Agencies is correct.

 

The affordability assessment is also based on the borrower's financial

position as a whole and takes account of information that we are aware

of at the time the credit is granted. Creditors may employ the use of

a variety of types and sources of information to assess affordability

which might, depending on the circumstances, include some or all of

the following examples:

 

 

· record of previous dealings with the borrower

 

· information about income

 

· information about expenditure

 

· a credit score

 

· a credit report from a credit reference agency

 

· information obtained from the borrower, whether on an application

form or separately.

 

 

We would like to point out that the OFT (whose rules and guidances are

now under the FCA) does not consider that the creditor could be held

culpable under circumstances in which it made a reasonable request for

information from the borrower, in order to inform its assessment of

affordability, and the information provided by the borrower was

substantively incorrect/untrue and the creditor was not aware of this.

 

We would like to remind you that by signing the Credit Agreement, you

confirmed that you are not:

 

 

"a) in a Debt Management Plan (or similar scheme) or considering

entering a Debt Management Plan (or similar scheme);

 

b) in an I.V.A or are considering entering into an I.V.A.;

 

c) bankrupt or considering filing for bankruptcy;

 

d) under notice of termination of employment, redundancy or any other

notice which could affect my employment status;

 

e) in receipt of Statutory Sick Pay or suffering from any medical

condition which would cause me to apply for Statutory Sick Pay during

the period of the loan;f) in receipt of any benefits instead of my

usual wages, salary or other income declared in my application."

 

When you took out the loan on 26/02/2014, the credit information

received about your account, did not suggest that you are experiencing

financial difficulties or might not be able to afford the loan

repayment. If the information you provided was incorrect or the

information your other creditors reported on your Credit File was

incorrect or insufficient or if you have any questions as to how the

credit score is made up, please contact Call Credit UK.

 

The FCA has also encouraged borrowers to always undertake their own

assessment of affordability concurrent with that undertaken by the

creditor. We can assure you that we conduct our business in compliance

with all relevant legislation, regulations, regulatory guidance and

requirements and we can justify our practices and procedures used in

assessing affordability in the event of a regulatory challenge.

 

Unfortunately, based on the above, we are not able to accept your offer.

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1. What was your complaint and who to?

 

2) What are you trying to do

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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If a PDL sent that, then id still go to the FCA and complain. A PDL will say they have followed the rules, because if they said otherwise, they would be investigated and closed down.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Im concerned. In your posts you wanted to challenge the fees and charges that are unlawful.

 

Their response indicates you complained on the grounds of irresponsible lending.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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