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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
  • Our picks

shellbells1982

Lowell chasing old BT Debt i paid BT through another DCA **WON+COMPO**

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I'd seen recently on my Equifax file that an old BT debt was being recorded by Lowell

 

This was chased by and already paid to Credit Resolve in 2017

 

I emailed Lowell last week along with proof of payment asking them to remove the entry

 

They've said:

 

Good Morning,

 

Thank you for your email, I have noted your comments and would be happy to assist you.

 

Account Number

Original Client

Current Balance

xxxxxxxxxx

BT PLC

£72.84

 

I appreciate the comments you have made and I can see from the screenshot provided this shows the balance due was paid on the 31st of May 2017.

 

Your query

We’re investigating this matter with BT PLC and will let you know of the outcome.

 

What happens next?

You don’t need to do anything. The account is on hold and we will contact you again as soon as we hear back from BT PLC.

 

If you require any further assistance please don’t hesitate to let me know.

 

Kind Regards,

 

Hakim

Lowell Financial, part of Lowell

 

I've paid, I don't owe them, would I have to wait for them to investigate or should they be removing the entry straight away?

 

Can I go back with the 'remove in 14days or I'll start legal action line'?

 

Thanks

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teach you to blindly pay a dca

that probably paid for their drinks at the pub that night

 

who were Credit Resolve's client stated on their letter?

 


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, DCA;s would collapse overnight.

 

 

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Oh well, you live and you learn

 

BT Group PLC it states 

*Capital Resolve 

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if the first lot of DCA's arent registered as deposit takers with the FCA then the debt still exists and you have just been robbed.

That si why you dont pay DCA's but the actual creditor only. If BT had sold the debt on then you pay the new owner of the debt, not a third party

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just because you have paid that's no reason to have the account removed

in a way that's immaterial 

ok the bal should be £0 fair comment

the more important thing is the defaulted date bt registered.

paid or not paying or not a debt should vanish from your file on the defaults 6th birthday

doesnt mean its not owed mind

but in your case its £0

 

already said all this here before.

 

dx


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, DCA;s would collapse overnight.

 

 

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On 23/04/2019 at 18:45, ericsbrother said:

if the first lot of DCA's arent registered as deposit takers with the FCA then the debt still exists and you have just been robbed.

That si why you dont pay DCA's but the actual creditor only. If BT had sold the debt on then you pay the new owner of the debt, not a third party

 

To be totally honest, at that actual time I was unaware of the ins & outs - who owns the debt, when to pay, who to pay etc

 

I was dealing with a cancer diagnosis then and just wanted the matter dealt with & paid up

 

BT and Capital Resolve were the only chasers at that time

 

Its only within the last year or so that Lowell have been chasing, and when I checked my credit file there's only Lowell's entry

 

So I probs got robbed - unfortunate

 

My issue is how I go about resolving it now, I have proof of payment I paid - at least someone

 

Is it something I have to take up with BT?

 

OK balance should be £0, is it that the Lowell entry will remain - as per the 6yrs and they should amend the balance owed?

 

 

 

Thanks

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Lowell account should show £0

and must show BT defaulted date


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, DCA;s would collapse overnight.

 

 

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open try now


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, DCA;s would collapse overnight.

 

 

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*Resolved*

 

Wrote to Lowell initially a few months ago requesting that the balance on the default show £0 along with the 'proof of payment' to the previous DCA. Acknowledged, and agreed to zero the balance

 

After 6/8wks was no change on the entry, re-wrote to them requesting this again

 

Another acknowledgment from them and again no change and then another letter was sent including an intent to complain to the ICO due to the incorrect processing of data

 

Lowell have finally now responded upholding my complaint, sending a £100 compensation cheque, closing the debt account and deleting the default entry altogether from my credit file. And its gone, deleted off of my file!

 

Very pleased, did not expect a default deletion at all

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well done 

I've made this its own thread too

as this is an important £100 win

 

how long was this showing for on your credit file?


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, DCA;s would collapse overnight.

 

 

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Well played... I first hand know of Lowell's Experience and know that they do actually cough up when mistakes are made :)

 


 

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On 16/12/2019 at 20:49, dx100uk said:

well done 

I've made this its own thread too

as this is an important £100 win

 

how long was this showing for on your credit file?

 At least from 2017 (when I 1st noticed) 

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