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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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MrMcGirr

Lowell - Credit Rating and Outstanding Debts that have never been recevied

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Morning All,

 

I have been battling with Lowell for a few days now I am looking for a bit of advice. I'm not at all clued up on legal jargon so I'm not sure what to do next.

 

In a nutshell, I'm a teacher just starting to think about buying a house. I've always paid off any contracts that I have and cancelled them under the 30 day grace period respectfully. Upon looking at my credit rating I noticed that it was horrendously low (503) I checked through Noddle why this was the case and Lowell have been defaulting two supposed debts...

 

I have emailed Lowell asking what the debts are for the email states:

 

Account Number Original Client Original Client Reference Current Balance Initial Contact Date

25* Three Mobile 9* £20.08 29th April 2013

15* Orange 7* £65.11 30th December 2013

 

The former Three Mobile account was opened on the 2nd April 2008.

The client last receive payment for this on the 1st April 2011 for £20.08.

The number associated with this is 0* the tariff was Broadband 5Gb (18/24 months).

The balance is made up entirely of airtime debt.

 

The former Orange account was opened on the 28th April 2009.

The client last receive payment for this on the 7th March 2012 for £31.96.

The balance is made up entirely of airtime debt.

 

As you can see from the dates I have cancelled the contracts well over the 24months (I held them both for almost 3 years!) So when I cancelled I rung up and told them. I'm assuming they continued to bill me for an extra month.

 

I asked for evidence of the Notice of Assignment. He has just forwarded two letters, not letter headed I might add with some glaring mistakes...

 

This is the Orange letter:

 

Dear Mr McGirr

We hereby give notice of the assignment of the debt due to us (trading as "Orange") from you in respect of

the balance of £65.11 outstanding on your account.

On «ClientClRegdate» your account was sold to Lowell Portfolio I Ltd.

It is essential that all future payments, correspondence or queries regarding this account be directed to

Lowell Portfolio I Ltd quoting reference 1*.

Contact Address:

Enterprise House

1 Apex View

Leeds

LS11 9BH

 

You'll notice the "On > as part of the letter...

 

The second letter that was linked to the three account had the wrong address, four doors down.

 

What are my next steps? I want this removed for my credit rating ASAP. it's 2008 !!!

 

Thanks in advance,

 

S

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Ok,

it doesnt matter when you opened the accounts,

the date they were closed or defaulted are the important ones.

 

I would suggest that you contact the phone providers and ask for details of the debt, how it is made up and why they havent notified you of it until selling it to Lowells.

 

 

They will probably tell you that they cant access old account data so you will then have to send each of them a SAR to force them to explain themselves.

 

Dont contact Lowells until you have the information you need in writing.

 

Have a look at your credit files from the main CRA's.

This costs a statutory £2 for either a printed version or an online one

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even though it's Lowells that is defaulting my credit rating?

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even though it's Lowells that is defaulting my credit rating?

 

Hi and welcome to CAG.

 

It isn't Lowell that have defaulted you. When they bought the debt, the defaults were already in place as Lowell are only allowed to change the name of the creditor (Three and Orange).

 

As to why the defaults were placed so late is a matter that can be raised as well and if there is no good reason, should be either amended or removed. The Telecoms Ombudsman may be able to assist once you have exhausted the complaints procedure.

 

As for the Leeds Losers. Ignore them until you have more info.

 

On the other hand, as these debts are so low, you could try and negotiate with Lowell to pay these off in exchange for removal of the defaults in their entirety.

 

You will have to go back to them and query why these defaults were placed without your knowledge. This may men that a SAR is required to each one (£10 each) unless they investigate fully.


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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Thanks for your reply.

 

I've spoken with Orange they are saying the I didn't ring to cancel the contract after the 24 months (which I did) and that's where the extra is coming from.

I asked them to provide me with evidence (letters) of any further correspondence and they said they don't have any and that it has been passed on to Lowells.

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Thanks for your reply.

 

I've spoken with Orange they are saying the I didn't ring to cancel the contract after the 24 months (which I did) and that's where the extra is coming from.

I asked them to provide me with evidence (letters) of any further correspondence and they said they don't have any and that it has been passed on to Lowells.

 

Utter rubbish. If Lowell were silly enough to attempt court action, they would need to rely on Orange to supply the required documentation. Companies are also required to keep account information for 6 years after closure of an account to comply with money laundering rules.

 

If you must ring them, please record the call. You have no requirement to tell them you are dong so. Otherwise deal in writing only.


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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So if i do the SAR thing what are the next steps after that.

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Once a SAR is received by a company, they have 40 days to comply with the request. Ensuring you have supplied enough information to confirm your identity will also stop them delaying the data by quoting the Data Protection Act 1998.

 

Some companies are now supplying data on CD with a password. Others still use paper.

 

They must supply all information regarding the account and other information that names you. They won't supply generic letters but there should be a note on the account history showing where a letter was issued.

They should also provide a code sheet which helps you decode what some codes mean.

 

In the Library, there are some letters to assist in you making your own letter. Always send a SAR by Signed For Delivery. The 40 days start the day after receipt. If they fail to supply in time OR fail to supply all data requested, you can give them more time or escalate to the Information Commissioner.


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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prove the debts were not defaulted by the original companies in a timely manner

if you did cancel beforethey rolled the contracts

then the comms log should show that

and you can demand the account are removed


please don't hit Quote...just type we know what we said earlier..

 

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Have you changed your address since you cancelled those contracts?

 

The SAR should show how and when they contacted you after you allegedly defaulted on your payments as well as why they think you didn't pay them and when they defaulted you .

 

 

Once you have that information you can make your next move.

 

 

Like why they didn't get your cancellation;

why they didn't contact you;

why they took so long to default your account:

when they passed you over to Lowells and

why Lowells also failed to contact you.

 

Once you know these details you can start to plan how to get your credit references amended.

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Yes I moved address but I contacted them giving them an update. Also I've just seen on Noddle that each account has defaulted twice. Does that matter?

 

I spoke with Lowell (I didn't give them my address). The guy said that they will ask Orange and Three for evidence. I said to him that they will just get back saying I owe money and then you will try to enforce a debt.

 

Three (and Lowell for this account) have the wrong address and Orange don't seem to be able to provide any evidence apart from call logs which state that I queried why I'm paying for an extra month. Orange also cancelled the contract in May - 2/3 months after I requested it to be cancelled.

 

What I don't understand is how such a little amount of money can have a massive impact on my credit score. I'm hardly borrowing £20k from a bank and not repaying it!

 

I asked about paying off the debt and them wiping the account so my credit rating would recover and he said he couldn't do that. Then towards the end of the call he said that it's another department that deal with disputes.

 

So now I will wait and see what crap they come back with. Also I made sure Lowell don't have my current address and they can only contact me via email or mobile.

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well hiding wont help you..

 

 

now the debts are default

that's what kills your score.

 

 

sars to 3 and EE are the only way fwd as SF says above.


please don't hit Quote...just type we know what we said earlier..

 

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I'm not hiding... I just have no idea what to do next.

 

The Three account first defaulted on the April 2013 and then there is a DF on Aug 2013 and then again on April 2014.

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well in a way you are as you're not forthcoming about your correct address to your creditors

the danger here is a backdoor CCJ.

 

 

don't worry about the calendar markers they don't harm you as its defaulted that's the killer.


please don't hit Quote...just type we know what we said earlier..

 

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Ah yeah I see what you mean. I just didn't really like the idea of the Lowells knowing where I live. I have been above board with Orange and Three and it's not my duty to update them with my address details after I have terminated a contract with them.

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but obviously not to their satisfaction.

 

 

get those SAR's running and we'll nail them both and might even get compo if its proved correct.

 

 

not much else you can do...


please don't hit Quote...just type we know what we said earlier..

 

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