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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details  first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it , this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025, slightly longer than the original tax set up, all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled  I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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Lowell financial and 4 debts


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My partner started to receive letters from a company called Lowell financial a while ago.

When I saw them alarm bells started to ring and I did a bit of research on here.

 

From what my other half tells me,

these debts were from well before we met so are probably 10 years or more old.

 

The debts were from capital one,

three,

jd wiliams, and

shop direct.

 

We sent a cca request and £1 postal orders for all the debts.

Lowells have acknowledged all the cca requests and closed the three account.

 

It has now been a month since we have heard anything from lowells about the remaining 3 accounts.

We have checked on experian and it seems lowells have 2 of the named accounts showing as in arrears for about 4 years.

 

From what I read on another post, my other half should not pay them anything ever.

They have failed to provide any of the original documents so as far as I can tell they are unenforceable and should be off her credit record after 6 years.

Am I correct And should we be worried about it?

Edited by dx100uk
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you say no payments have been made on any of them in 10yrs?

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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you say no payments have been made on any of them in 10yrs?

 

No, I said the debts were probably over 10 years old. They were from when she lived in a flat before moving back home into her mothers house.

 

Closed the Three account after a CCA request?

Please do tell more...

 

Cca request sent on 4th July, acknowledgement of the letter received on 11th July, letter about closed account on 14th july

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so the rest have now well failed the 12+2 working days time limit

 

ignore until or unless you get a letter of claim.

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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  • 3 weeks later...

As an update on this thread, my partner has today received 3 letters, all the same but for the 3 remaining accounts.

 

state that they are still waiting for a copy of the documentation from the former debtors and the accounts remain on hold.

 

They say we should hear from them within 40 days.

 

I thought they had to provide to us the original docs within 12 (+2) days, which they have failed to do

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former debtors?

you mean the original creditors

 

yes they only have 12+2 WORKING days

if they fail stop any payments till they comply with a CCA that gets checked here first

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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Share on other sites

Just to clarify, this is what their letters say...

 

We refer to your recent request under sections 77/78 of the Consumer Credit Act 1974 for a copy of the documentation for this former capital one/ j d williams/ shop direct account.

 

We have requested a copy of the documentation but have not received it yet.

 

Your account will remain on hold while we await the requested information from capital one/ j d williams/ shop direct.

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  • 2 months later...

The 40 days they claim to have to supply the requested documentation have long gone but all 3 remaining accounts are still showing up on her credit file as in default but queried. Is there anything we can do to get them removed? The three account has been cleared from her credit file.

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accounts stay on credit file till the default reaches its 6th birthday

then they are removed

paid or not, paying or not..makes no odds

 

theres not reason to remove them no.

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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  • 1 month later...

Start a new thread in the cap1 forum

Give a brief history

And scan the cca return upto one multipage pdf please

Read upload

 

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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