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    • I'm sorry there are a few typos in my post - a hangover from injuries I had at the time being discussed. I did try to tidy it up straight away but wasn't allowed to repost after editing it.
    • You posted in a solid block of text and it's rather difficult to read. Please will you make sure that your posted future are properly spaced and punctuated and that way people will find it easier to give you the help and support you need.
    • I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box???   They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me.    After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery.   I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745.   I am more than happy to go to the small claims court for the difference but would it be dismissed,   Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items.   I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells.   Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers.   They really didnt care and also didn't seem surprised when i spoke to a service agent.
    • Hi all I used to be a member here a few years ago when I went through a bad time - husband and I had bad health, both lost jobs etc, we got the usual helpful and sympathetic response from the bank.   With the help of CAG I did my best to fight back and found that some debts were legally unenforceable as well as the usual defective defaults and everyting else the banks were doing wrong. We're going back to about 2009/10.   With HSBC they refused to provide a SAR/CCA because I wouldn't provide a signature that matched their records. I remember I took the advice from CAG at the time NOT to sign.  in any case, due to my injury I was unable to do anything except scrawl. I told them that I didn't think the SAR required a signature and in abny case I couldn't. In short they refused to cooperate, there as a series of letters but they cited the DPA, at which point I pointed out that they were sending me demands, statements and theatening letters but only now were they saying they had to verify my ID (at that point, the bank said that they wouldn't send any more statements/demands etc until my Id could be confirmed (seriously, you couldn't make it up). I also pointed out that the guidance from the ICO was that if they were responding to the address they has on record and was the usual contact address, they could assume it was their customer writing to them. I even complained to the ICO who, as usual took the bank's side.   Eventually, I said to the bank that if they were unable to give me details of the alledged debt then I was unable to consider their demands and verify the situation and I wouldn't correspond with them any more and they could go to court if they liked. But, if they did lodge court papers, and sent the statements etc I'd immediately complain to the ICO that they hadn't verfied my ID acording to their own procedures (something the ICO had agreed was required), and I'd bring it to teh attention of teh court that they had deliberately not sent me the data to allow it to be resolved one way or teh other. If they didn't send the stuff through discovery, I'd lodge an embarassed defence and ask for it to be struck out as I had been asking for the records for 6 months or more.  I didn't hear any more from them, that was in March 2011.   In Nov 2015 I got a letter from Hoist Portfolio Holdings 2 Ltd that they has been assigned the rights from MKDP LLP and giving bottom Robinson Way's address. I hadn't heard of MKDP before and simply ignored it. I certainly wasn't aware it had be assigned to them in the first place.   A few days ago, I got a letter from Hoist again asking for payment. I intended to ignore it except for a letter I got from the Bank this morning.   The letter is the same one that has been mention on here very recently, a refund from the bank for £25 because they had determined I hadn't recived the correct level of service (no sh*t Sherlock!) The account number is NOT my currect account. It MAY be my credit card, but I seem to remeber they were rolled into one. I don't seem to have any correspondence about the CC, and I destroyed all paper documents a few months ago. All I have is scanned copies of letters (which may not be a complete record, but should be).   I received a letter in Nov 2017 from PRA about another CC saying the debt has been assigned to them (no letter of assignment from the creditor) and in Jan 2018 an 'Annual Statment'. Since then, nothing.   I've made a point of ignoring these kind of letters and demands in the past belieivng they were SB and eventually the data would be destoyed. After a few years of actually being able to relax, I'm now worried that the aggro is all going to start up again with this HSBC and other accounts.   Now, the questions. it is/was my understanding that the debts became Statute Barred a few years ago and they couldn't be enforced. The CC default was issued Feb 2009. A month later a Final Demand was issued for both current AC and CC giving a combined total. (that total is similar to the one sought by Hoist which gives my currect AC number).   So, are these accounts SB? If they are SB and the bank has desposed of them by assignment to someone, why do they still have my name and enough details of my correspondence to determine they didn't behave correctly? Does the DPA not require them to destroy data after 6 years?   On the same DPA note, it seems that this account is simply being passed around from one **** bag bottome feeder to another (maybe teh same one under different names), again, why is data still being processed after 6 years? Am I doomed to be persistely pursued by these scumbags until I die? Or am I worng? Are they able to process data as long as they like, even when there has been no contact for years?              
    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
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Hi

 

I had a default placed on my account by Lowell Portoflio 1 limited.

It only appeared about 4 months ago and had no relation to anything else on my credit file

- it appeared out the blue as a default with a value of just over £100.

 

I've since sent an initial letter that I found online, talking about how as they are the data processor they are responsible for providing with certain pieces of information etc.

 

I have gone back and forward with them using letters

- I had a response from them telling me they were unable to provide any of the information relating to the account or the default notice as they didn't keep this on their records.

They have advised that they will also not remove the default.

 

They mention in their latest response that the default is from a debt relating to a Vanquis account

- I;ve only ever had one account with Vanquis and it clearly shows on my credit history as being a well managed and then settled account with no missed payments.

 

I'm stuck as to what to do next!

Any help would be much appreciated.

 

Thanks

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If you have had a last response from Lowells, you can go several ways with this. The FOS can deal with a complaint, as to how the default is affecting you and if it is a mistake can ask Lowell to pay you compensation. The ICO can deal with any complaint about wrong data being processed. The credit reference agencies are also responsible for data, so you can complain to them as well.

 

Was your last response from Lowell from their Compliance and Data Protection Officer or just customer services ?

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Hi,

For starters, Lowell cannot place a default. They are allowed to update a default that has been filed by an original creditor by placing their name against it once the debt has been bought.

 

Can you type out exactly what it says on your credit file. If it is a mistake, it should be deleted.

I would also contact the credit reference agencies and add a notice of correction to this entry whilst disputing it with them. CRAs have a duty to ensure the data they hold is correct and they should contact the creditor for information.

 

Just to be on the safe side, contact Vanquis to see if they have placed a default against your name in error.

 

Once you have exhausted ALL avenues, I suggest that the FOS and the ICO be avoided. They are good at what they do but they take forever. I would be writing to Lowell and give them 14 days to remove the entry and if they fail sue them through the county courts.

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

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If you have had a last response from Lowells, you can go several ways with this. The FOS can deal with a complaint, as to how the default is affecting you and if it is a mistake can ask Lowell to pay you compensation. The ICO can deal with any complaint about wrong data being processed. The credit reference agencies are also responsible for data, so you can complain to them as well.

 

Was your last response from Lowell from their Compliance and Data Protection Officer or just customer services ?

 

Thanks for this. The email was from their 'Head of Customer Services'

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Hi,

For starters, Lowell cannot place a default. They are allowed to update a default that has been filed by an original creditor by placing their name against it once the debt has been bought.

 

Can you type out exactly what it says on your credit file. If it is a mistake, it should be deleted.

I would also contact the credit reference agencies and add a notice of correction to this entry whilst disputing it with them. CRAs have a duty to ensure the data they hold is correct and they should contact the creditor for information.

 

Just to be on the safe side, contact Vanquis to see if they have placed a default against your name in error.

 

Once you have exhausted ALL avenues, I suggest that the FOS and the ICO be avoided. They are good at what they do but they take forever. I would be writing to Lowell and give them 14 days to remove the entry and if they fail sue them through the county courts.

 

Thanks for the reply. This is exactly how the default appears on my Experian file. As I say, it just appeared from nowhere.

 

lowell.png

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Interesting; that default has been live for over 4 years yet it has suddenly appeared on your file. Have you checked the linked addresses to see if there is one that you don't recognise?

 

I would now sign up to Clearscore and Noddle to see what they say as well.

 

Vanquis would be my first contact to see if they have defaulted you (or not)

 

If you haven't raised a formal complaint with Lowell (and headed the letter as such) that is something to do 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

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Think you will find that the argument that DCA's cannot add defaults that were not previously noted, is subject to dispute. I seem to remember reading posts on CAG where court cases and legislation was quoted which showed that a new debt owner can add a default, providing it is correct.

 

If Lowell are saying it is Vanquis, perhaps the easiest way is to contact Vanquis in writing ( enclose a copy of Lowells letter) asking for a written explanation of why they have sold a debt to Lowell in your name, when you are not aware of any debt owing. Then see how how they respond, before taking a next step.

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I've just now spoken to Experian who have advised that they will query this as a 'no account' with Lowell. Interestingly, the guy at Experian told me they have this debt as relating to a communications provider, whereas the letter from Lowell tells me it's Vanquis??

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Think you will find that the argument that DCA's cannot add defaults that were not previously noted, is subject to dispute. I seem to remember reading posts on CAG where court cases and legislation was quoted which showed that a new debt owner can add a default, providing it is correct.

 

If Lowell are saying it is Vanquis, perhaps the easiest way is to contact Vanquis in writing ( enclose a copy of Lowells letter) asking for a written explanation of why they have sold a debt to Lowell in your name, when you are not aware of any debt owing. Then see how how they respond, before taking a next step.

 

If you could find the links regarding the court case, that would be brill.

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

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I've just now spoken to Experian who have advised that they will query this as a 'no account' with Lowell. Interestingly, the guy at Experian told me they have this debt as relating to a communications provider, whereas the letter from Lowell tells me it's Vanquis??

 

Yes well, this is Lowell we are talking about. They are not called the Leeds Losers for nothing. Most debt collectors only have the basic info on any account when they buy it and they have to go back to the original creditor if they need more info.

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

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I would contact Vanquis to see if they have erred in some way. As you say, you're account is up to date then there should be nothing there.

 

As Experian are saying 'Communications Provider' did you change a mobile phone contract in 2012? Or a landline?

 

I would only complain to Lowell, not just get more info. Once a complaint is filed, they should investigate properly.

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

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did you even have a vanquis card?

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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does the end 4 digit match the one you know about?is the ref number 16 digits?

might be a clue here as if its not

then its not a credit card as not 16 digits...

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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did you even have a vanquis card?

dx

 

First post!!

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

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Just for information I had a default that I queried with Lowell as it was added years after the ICO guidance on when a default should be added.

 

I complained to Lowell who initially claimed it was nothing to do with them but the OC - when I pointed out that the default was added 7 months after they told me they bought the debt they basically realised what they'd done. I had pointed out the ICO guidelines and that I would take action and the result was lowells accepted the default should have been years earlier, corrected it (which meant it disappeared) and paid me over £650 in compo for the privilege.

 

So I guess I'm saying DCA's do add defaults but they should makes sure they do so in accordance with the guidance.

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So the plot thickens.

 

According to my credit file, the default under Lowell's name is in relation to a 'Communications Account' specifically BT plc. The default amount is around £100.

 

In the latest communication from Lowell, the name Vanquis as the original creditor and the outstanding balance as £886.00. I've since spoken to Vanquis who have confirmed they have an account in my name which was settled (an account I know about) a number of years ago and well managed. They also confirm the account number Lowell are quoting does indeed relate to someone with my name, but a different address and date of birth.

 

I'm stuck with what to do next, other than to formally complain to Lowell?

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Can you get that in writing from vanquis? If so, you then send a copy to Lowell alongside your complaint. They should then do what is right.

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

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Update - I had queried this with Experian but wasn't holding out much hope.

 

 

Experian have updated me to say they have spoken to Lowell

- Lowell have confirmed the debt relates to an address which isn't anything to do with me and have given Experian permission to update the address.

 

That was yesterday and as of this morning, my Experian report no longer shows any account for Lowell and my score has gone up.

 

Surely getting a resolution from these idiots can't be that simple???

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what about the other credit file providers?

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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  • 2 weeks later...

Just wanted to update this. I've now managed to have this default removed from Experian and Equifax reports, now just awaiting a response from Callcredit. Both Experian and Equifax quried the validity of the default/account with Lowell and the very quickly responded to both, advising that the address could be updated (to an address which has nothing to do with me).

 

Fingers crossed Callcredit get it sorted and hopefully that's me seen the back of these Lowell [problem] artists.

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