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    • 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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Wonder if anyone can advise on the problem my partner is having with Lowell.

 

 

Following is a timeline of events:

Partner had problems paying provident and was defaulted on 4/1/2010 but was paying 1pound a month.

 

Debt sold to Lowell on 22/5/2015

 

Sent for cca on 24/7/2015

 

Letter from lowells on 3/8/2015 -they have requested credit agreement.

 

Letter from lowells- 4/9/2015- no cca closing account

 

Letter from lowells- 16/9/2015 Copy of signed cca with terms and conditions.

 

October 2015- started repayments again.

 

The problem now is that lowells have put a new default on her credit file even though it had disappeared some months beforehand.

 

 

Can they do this after the original default was in 2010?.

Any help would be very much appreciated.

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So the new default means it is on there for another 6 years, which seems unfair. Suggest a formal written complaint to Lowells stating that the new default is unfair and that you wish the FOS to review this, therefore if they won't review this, to issue their final response to save any delay.

 

Technically the account has been in default since the payment problems started in 2010 as the full contractural payment has not been met, but to start a brand new default starting say October 2015 is unfair, as it means the default in on record for much longer.

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I wouldn't be paying lowlifes anything, if they bought it from Provi, then I would have stopped payments immediately, as your agreement to pay £1 a month was with Provi NOT lowlifes.

 

As for them adding a new default on your account, then you need to place a notice of correction on your file against the incorrect entry, and lodge a formal complaint to the Credit Ref Agency demanding the data be removed as it is incorrect. They will then contact lowlifes and agree that lowlifes are processing your data correctly and that it won't be removed, that's your go ahead to lodge a formal complaint with the ICO.

 

The ONLY company that can mark your credit file with a default date is the OC, and the tin pot powerless third party DCA can ONLY update the date, they cannot alter it, or add a new default, start complaining and complaining very loud.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I assume the terms are from the back f the agreement.

 

My provident loan was closed because all they could supply was a copy of the front . Reading carefully there was reference to overleaf and no overleaf

Any opinion I give is from personal experience .

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no lowells cant change the OC's defaulted date.

 

 

have you proof of defaulted date by CRA file copy or DN copy?

 

 

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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Thanks for your advice guys.

 

 

The original default date on cra file is showing as 04/01/2010 and had dropped off

but it is now been put back on by lowlifes with a default mark for November.

 

 

Would it be worth my while writing to lowells and demanding this be taken off as they were not the oc and can't do this.

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What does the date of default say as it wouldn't normally drop off for 6 clear years I.e three weeks time.

 

 

Could they just be remarking the original default. If not complain to lowells

Any opinion I give is from personal experience .

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id guess they are marking the monthly calander with a D or 8 or something

 

 

that has no relevance to your score

neither does it change the OC's defaulted date

 

 

as long as Lowell have not changed the OC's defaulted date

with their entry for the same account

 

 

then there is nothing wrong here at all.

 

 

as pointed out

the whole account will vanish on the defaults 6th birthday..

doesn't mean the debt is not owed mind!!

 

 

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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Ahh so it will drop off Jan 16 at the 6 year marker. Yes dx the debt will be paid very shortly as it is not a great amount but was just worried that this would be on my partners file for another 6 years when her credit score is getting a lot better. As always, thank you all for your help and advice you all provide a great service. Thanks guys.

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One individuals credit file/score has nothing to do with anothers, unless there is a financial attachment to both parties.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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