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    • I received PCN's from TFL and Southwark. 08/06/19   I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA.   TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply.   (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine).   I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage.   I complained again through resolver.co.uk and Marston lied again.   Then I sent ALL my info and evidence etc.   They then took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc.   TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it.   The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler.   I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain.   I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Basically; regarding the footage: my initial message to them, I made myself seem unaware and 'stupid' so they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' so they can't uphold my complaint, then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal) so when they received the in-depth response, I think they got scared, went away for a couple weeks and tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250. She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
    • yes. Did you earn over £12,500  with that employer during the year?
    • No it was 1250L I guess that's the tax allowance limit code?    Cheers
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johealey

Morses / Lowells - No CCA

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Hi

 

I CCA'd Lowell as they held a Default against me for Morses Club for £329 which I do not recall owing back in 2009, which was defaulted in 2015.

 

Lowell have come back to me sending me a printed statement, which to be honest, I could just type up on a few sheets of paper!

 

The letter states

 

"we note that you state that we have failed to comply with your request for information under sections 77-79 of the Consumer Credit Act 1974 and as such you feel that this account is unenforceable.

 

The duty to supply documentation under Section 77-79 of the Act does not apply to an account under which no sum is, or will, or may become payable by the debtor.

Therefore it would not apply where the balance has been written off, as is the case with this account".

 

"In accordance with Schedule 2, paragraph 2(a) of the Act that deals with the exceptions to any request under Section 10,

Lowell is not prepared to cease processing your data in respect of the debt claimed from Morses on the basis this is required for the performance of the said contract to which you are a party.

 

At the point of application of this account with Morses a Fair Processing Notice was agreed to by you to share/pass personal data. Consequently, when Lowell purchased the rights to and benefits of the account, this included the Fair Processing Notice and the requisite permission".

 

Section 136 of the Law of Property Act 1925 requires Lowell to give you notice of the assignment of the debt to them from Morses. Our records show that our letter of assignment sent to you on the 23rd June 2015 following the purchase of the debt from Morses which satisfies the relevant provision of the Law of Property Act 1925".

 

"We are not prepared to remove any default registered with the credit reference agencies in respect of this account as we consider the data remains correct and accurate".

 

It goes on but it's the same standard blah blah blah.

 

Any help would be really appreciated in response to their letter, thanks

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they are correct

just because they hold no CCA doesn't mean the default must go

and anyway

its was the OC that registered it not a DCA.

they just inherited it.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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If you feel that you did not owe Morses in the first place then you should take it up with them.

Perhaps they had someone on their books with a similar name to yours.

 

It does seem strange that you didn't receive any demands from them since there would have been many before they would right off the whole amount.

 

Simply write to Morses explaining that you do not recognise the default against your name and ask for details how the amount was arrived at. If they have the wrong person then of course the default against you would be removed.

Edited by dx100uk
paras

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If the debt should ahve been defaulted back in 2009 and you havent paid or acknowledged it since then it was stat barred many moons ago and Lowells default is misrepresentation and that isnt fair processing of data.

 

they do this just to punish you and it is getting more common

 

Confirm when you last paid anything to Morses or Lowell

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