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    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
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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.

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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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