Jump to content


  • Tweets

  • Posts

    • I recently bought some trainers from Sports Direct and was unhappy with them and their extortionate delivery and return postage charges. So I tweeted about being unhappy, and received a reply from someone claiming to be from Sports Direct asking me to send my order number and email address by pm, so a claim could be raised. Which I (stupidly) did. The account used Sports Direct's name and branding, and a blue tick.  The following day I received a call from "Sports Direct Customer Service", and with a Kenyan number. They asked for details of the issue, and then sent me an email with a request to install an app called Remitly. They provided me with a password to access the app. And then I saw that it had been setup for me to transfer £100, and I was asked to enter my credit card number so they could "refund" me. I told them I was uncomfortable with this (to say the least), and was just told to ring them back when I did feel comfortable doing it. Ain't never gonna happen.  I just checked my X account, and the account that sent the message asking for my details is gone. I feel like a complete idiot falling for what was a clear scam. But at least I realised before any real damage was done. So if you make a complaint about a company on social media, and you get a reply from someone claiming to be from that company and asking for personal details, tread very carefully. 
    • The good news is that their PCN does not comply with the Protection of Freedoms Act 2012  Schedule 4.. First under Section 9 (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; The PCN does not specify the parking period. AS you rightly say the ANPR times do not include driving to the parking space and then from there back to the exit. And once you include getting children in and out of cars especially if seat belts are involved the time spent parked can be a fair bit less than the ANPR times but still probably nowhere near the time you spent. But that doesn't matter -it's the fact that they failed to comply. Also they failed to ask the keeper to pay the charge.  Their failure means that they cannot now transfer the charge from the diver to the keeper . Only the driver is now liable. As long as UKPA do not know who was driving it will be difficult for them to win in Court as the Courts do not accept that the driver and the keeper are the same person. Particularly as anyone can drive any car if they have the correct insurance. It might be able to get more reasons to contest the PCN if you could get some photos of the signs. both at the entrance and inside the car park. the photos need to be legible and if there are signs that say different things from others that would also be a help.
    • Farage rails and whines about not being allowed on the BBC ... ... but pulls out at the last minute of a BBC Panorama interview special. It was denied it was anything to do with his candidates being outed as misogynists and Putin apologists, or that farage was afraid Nick Robinson might throw some difficult questions at him ... despite farages recent practice at quickly cowering in fear.   It was claimed 'it wasn't in Nigels diary'     Nigel Farage pulls out of BBC interview at last minute amid Hitler row WWW.INDEPENDENT.CO.UK ‘Panorama’ special postponed as Reform UK party faces row over candidate who claimed UK would have been ‘better off’ if it had...   Waaahhhh
    • i'd say put lowells to strict proof of where the payment came from. cant hurt to send SB letter, even if proved not. at least they get your correct address. they'd have to link the old IVA times scale to a payment  these IVA F&F pots (if thats where it came from) most mugs dont even know they are not only taking most of your payments on fees but also creaming money off to supposedly offer F&F's.  funny when the IVA fails or is complete these sums of money in F&F pots never get given back or even mentions... these IVA firm directors esp with regard to knightsbridge and creditfix were fined and struck off more times than Paul Burdell of Link Fame and still managed to continue to scam people.
    • Hi everyone, I received a charge certificate with a charge of £165  in April 2022 however I never received a PCN and NTO before that. I responded by requesting original PCN reissued in the hope of getting discounted rate which was refused however I was offered to pay £110. I received an Order of Recovery in May 2023 and submitted a witness statement on time by email to get the original PCN re-issued. I received a Notice of Enforcement in February 2024 I contacted TEC that I had submitted TE9 on time and they advised me to submit a late witness statement and TE7. I did as advised and also attached the original email and witness statement as proof to show that I had submitted my witness statement on time. The council disputed my late witness statement by saying that I likely received the PCN and that I did not submit a valid late witness statement without specifying why it's not valid. The court refused my late witness statement without giving any reasoning behind their decision (so much for the transparency). This is really outrageous as I did attach the proof of submitting the witness statement on time and it seems like the court just decided without looking at the case files. Can someone please advise me what should I do now? Any help is appreciated. I have attached all the documents below.   Documents.pdf
  • Recommended Topics

  • 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
  • Recommended Topics

2 Defaults for being 75p OD - same debt - Lloyds and Lowell - **DEFAULTS REMOVED**


LondonUser2015
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3153 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,

 

I recently created a thread in another sub-section and I was very happy with the advice I received and it enabled me to get a default cleared from my name. However I have another issue as it seems I have 2 defaults on my credit file for the same debt.

 

I defaulted on a Lloyds current account in 2010, I left the balance as zero but their account charges and returned DD charges pushed my account to around £450 overdrawn and then they defaulted me. They placed a default on my credit file then sold the debt to Lowell portfolio who then also registered a default so I have 2 for the same debt.

 

I have tried to get experian to resolve this but I get hit with the same jargon as other people have that when a lender looks at my credit report they will only see 1 default. This is not the case as I recently applied for a mortgage and I had to send a copy of my report and it had both in there and both had to be logged on the application form for the mortgage.

 

Can anyone advise me how to get the default removed from my credit file. Who do I write to? Are experian correct or is it still not right for 2 defaults to be on my credit file for the same debt?

 

I was given an offer of a mortgage at a very high rate because of this 2nd default and I could do with getting it removed?

 

Also where do I stand with regards to the original debt of £450. I didnt borrow any money and it is made up entirely of their charges even though I notified them that I had lost my job and not to take any more money from my account? I keep getting letters saying I can pay half price and they will clear the debt and have been told when they do this its because they have no legal right to claim the money? Advice needed....

 

Also I have SAR'd them and received all my paperwork its almost 500 pages but from the statements you can clearly see that its made up of only charges.

 

I was helped before by DX who I thank enormously if I can get this matter sorted then everything will be complete. I await your replies and help and thank everyone in advice. This forum is amazing and like others I have spent countless hours reading it.

 

Thanks

 

Also just to say I will take the matter to court and follow it through until the end. I am quite handy at preparing documents and would have no trouble firing off letters or writing documents for court if it enables me to remove these defaults as they are unfairly affecting my life. I could live with the 1 default but the double whammy of 2 for same debt is too much. And i got it wrong the deafult is from November 2011.

Link to post
Share on other sites

Have you gone through the complaints procedure with Lloyd's

If not do so as the charges are probably unlawfully and may get a result

 

As far as I am aware a account can only default once it should only be lowlifes that have the default showing

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

Link to post
Share on other sites

Can I still go through the complaints procedure now? And I'm sure I read that if your default is in complaint stage with the bank then Lowell have to return it to them therefore removing their default or am I wrong? I need some help with what avenue to go down as I'm waiting to write a letter right now I just need the help if anyone can advise....

Link to post
Share on other sites

Lloyd's copy of the account ldally should now not be showing once they sell it on

 

Are thee defaulted dates the same?

 

You have the default notice? In the sar?

 

How much of the balance can you prove are penalty charges?

 

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

The balance of the whole 450 was penalty charges.

 

 

They were account fees like £15 a month for the silver account,

£4 a month identity theft,

2 returned DD charges

and the rest is overdraft fees because I had no arranged overdraft but it is all bank charges.

 

 

And yes the amount and default dates are exactly the same.

 

 

I haven't seen a default notice in my SAR pack what would it look like?

 

 

The only thing it says on the report next to the lloyds default on my credit file is debt assigned to cais member,

then Lowell with the same amount and default date.

 

 

It is definitely the same account I only ever had 1 with lloyds.

Link to post
Share on other sites

it is quite ok for both entries for the same account to show

however ideally the Lloyds entry should not still be there

 

 

if the you could write to Lloyds and demand the default is removed as it is solely made of 'bank charges'

none of which are 'your' own self made transactions, but bank ones.

 

 

under ICO guidelines , that used to make the default notice invalid

not sure it still does mind.

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

They were account fees like £15 a month for the silver account,

£4 a month identity theft,

 

These could be reclaimable with interest!!!!

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.

Link to post
Share on other sites

..

 

I have posted my statements leading up to me losing my job and stopping using my account.

 

As you can see on the 10/09/2010 there was a 6.99 ID aware charge that put my account 75pence overdrawn.

 

This was the only time in the month period that I was overdrawn

 

they have charged me £75 for being 75pence overdrawn.

 

The charges then spiralled all the way up to £435 and I got hit with 2 defaults

1 with LLoyds and

1 with Lowells.

 

Am I the only one who thinks this is mightily unfair?

 

A 75pence debt turned into £435 and 2 defaults?

 

Can anyone advise me what the best course of action would be now?

 

Please help

Link to post
Share on other sites

Christ, what a surprise. That IDaware rubbish that Affinion International did with Lloyds Branding...

That was a crap product.... Ooops I said too much.... But then again so do others who worked on the product.

 

Complain to the email addy i gave you earlier

Link to post
Share on other sites

What should I write in my complaint? And also is it worth doing it by email or by post?

 

And there is definitely no default notice in my SAR pack and also on the logs of when the account was getting bounced around on their internal systems it goes direct to DCA there is no mention of any letter or notice issued?

 

I really want to get this sorted I will write whatever I need to I just need to know what angle I should come from.

Link to post
Share on other sites

  • 3 weeks later...

Hi LondonUser.

 

My OH is in the same possition with Lloyds.

They did an entry on credit file for the sum with charges,

we reclaim the charges which we got back,

and then they did another entry for the sum that was left.

 

 

Couse the second one not even right.

Looks like whoever from Lloyds did this was not very good at maths.

 

I bet Lloyds did this to a lot of their customers.

 

How did it go with yours so far?

 

Thanks

TFD

Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

Link to post
Share on other sites

  • 4 weeks later...

Hi, sorry I have been away I have had other issues in my life but I have been going through all my documents and have written a 1st draft letter which I would like some advice on with regards to wording and any changes that need to be made. Here is my draft letter which I would like to send:

 

Dear Sir/Madam,

 

I recently requested all of my Data held with yourselves in the form of Subject Access Request which I have received and I thank you for this. However I would like to begin a complaints procedure as there are some issues with my account that I am not happy with. I have 2 defaults on my credit file with regards to this. I will list my complaints below and also my account number and sort code:

 

Account Number: XXXXXXXX

Sort Code: XX-XX-XX

 

1) I draw attention to my account between XX/XX/2010 and XX/XX/2010. I had a balance of £6.24 and on XX/XX/2010 £6.99 was debited from my account for the ID aware payment due for that month. This left me £0.75 pence overdrawn and this was the only time I was overdrawn in the month. You charged me a penalty of £75 for being £0.75 pence overdrawn. This is completely unfair and not a true reflection of the cost of credit extended to me by being overdrawn.

 

2) As a result of this charge which I notified the bank I could not afford you then proceeded to add more charges over the next 3 months which spiralled to £435 which you then defaulted me for. So for a £0.75 pence overdraft it has become £435 of debt.

 

3) I did not have an overdraft facility and I should not have been allowed to go overdrawn in the first place which would have resulted in none of the charges being added.

 

4) You then placed a default notice on my credit file without sending me any kind of default notice to my home address.

 

5) You then proceeded to sell my account to a debt collection agency but you did not remove your registered default on my credit file and the debt collection agency proceeded to add another default notice so for the past 5 years I have had 2 defaults on my credit file for the same debt which has had a detrimental effect on me and is completely unfair.

 

6) I can’t remember asking for the ID aware service that was on my account that put me overdrawn and then produced these debts to spiral out of control.

 

7) I lost my job at the time the account closed and was in financial hardship and I notified the bank of this at the time and was not given any help or relief of any kind which is disgraceful.

 

I would like you to investigate these matters. I find it beyond belief that being £0.75 pence overdrawn can turn into £435 of debt and also result in not only one, but two defaults for the same debt being registered against me on my credit file. I demand that you contact Lowell Debt Collection and ask them to return the account to you for investigation and also to remove the default notice they have issued against me.

 

I would then further demand that once this investigation is completed that you also remove the default from my credit file as it is not a true reflection of what has happened. I will be taking legal advice with a view to escalating this to the Information Commissioner, Financial Ombudsman and also to Court if I need to. I hope this can be sorted out amicably and I look forward to hearing from you soon.

 

With Regards

 

Can anyone give me some advice as to whether I have missed anything or should add or remove anything? I want to get this letter sent off as soon as possible to see what they say but I think I have a pretty strong case. If anyone can help at all and let me know, thanks

Link to post
Share on other sites

Hi LondonUser.

 

My OH is in the same possition with Lloyds.

They did an entry on credit file for the sum with charges,

we reclaim the charges which we got back,

and then they did another entry for the sum that was left.

 

 

Couse the second one not even right.

Looks like whoever from Lloyds did this was not very good at maths.

 

I bet Lloyds did this to a lot of their customers.

 

How did it go with yours so far?

 

Thanks

TFD

 

Lloyds and their DCA's have been bombarding me with offers to pay half of the debt

and clear it so I am sure there has been some sort of errors along the way.

 

 

I have been away so havent been able to sort things but it doesnt surprise me that LLoyds are trying it on with you.

 

 

Surely if they refund some of the charges for you that would make the initial default invalid

as it was not a true reflection and if they then want to submit a new default

would they not have to send you a new default notice

or at least give you the chance to pay the correct amount owing

therefore not defaulting on it?

 

 

How are you getting on with it?

Link to post
Share on other sites

  • 1 month later...

So I sent that letter to Lloyds by recorded delivery and had this reply about 10 days later....

 

 

 

with 1 letter I got the 2 defaults removed

and I must say I think this is a very satisfactory response from Lloyds

and a bit of common sense s

 

 

I cant really fault them Im just annoyed I waited 4 years to post the letter as I wasnt very hopeful.

 

I have checked my credit file and Lloyds have already removed the default although Lowell haven't but they have to within 60 days.

 

I have a question,

if I contact experian and show them this letter

can they then confirm with Lowell and speed up the process so I dont have to wait 60 days?

 

 

Surely Lowell would have to confirm its true immediately.

 

Im sure this will make interesting reading for a lot of people

but the only thing I can say is to post up on this group as you will get good advice

from a lot of people

 

 

id like to also say thanks for the help and replies taking the time out to do it.

 

I have got another thread which is soon to be resolved aswell so have a look if you want, thanks

Link to post
Share on other sites

Hi and well done.

 

All creditors have access to the Rapid Update System used by the credit reference agencies so I would encourage (!) Lowell to remove it now rather than in 60 days which (to me) is way too long.

 

The CRAs rely on the creditors to supply accurate info and as such, it is highly unlikely that Experian will do anything but it can do no harm to try.

 

What I would do (and against the norm) is phone Lowell (recorded of course) and demand they remove their default ASAP.

 

Has the debt been cleared as well?

Have you started the reclaim for the extra charges they have added.

 

In your SAR, did it show where you contacted Lloyds to explain your circumstances? If yes, there is a chance to get those charges removed as well.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • 3 weeks later...
Lloyds and their DCA's have been bombarding me with offers to pay half of the debt

and clear it so I am sure there has been some sort of errors along the way.

 

I have been away so havent been able to sort things but it doesnt surprise me that LLoyds are trying it on with you.

 

Surely if they refund some of the charges for you that would make the initial default invalid

as it was not a true reflection and if they then want to submit a new default

would they not have to send you a new default notice

or at least give you the chance to pay the correct amount owing

therefore not defaulting on it?

 

 

How are you getting on with it?

 

Nothing happened really.

Is the same.

 

 

No letters sent no letters received.

I was thinking to send them the same letter.

 

 

in about 5 months will be 6 years from the default.

 

 

Everything will probably gone then.

Not sure what will happen after the six years period.

Would they gonna put it again......

Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

Link to post
Share on other sites

  • 2 weeks later...

Hi LondonUser and well done with this.

 

Whats the address that you sent the letter to?

And whom you address it? What dept. please?

 

 

Thanks

TFD

Give a man a gun and he'll rob a bank. Give a man a bank and he'll rob everyone!

 

 

The Bank:

 

An institution, where you can borrow money if you can present sufficient evidence, to prove that you don't need it !!!

 

 

The Banker:

 

A man, who will lend you an umbrella, but want it back as soon as it will start to rain !!!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...