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    • get the FOS done and see. i have a feeling you might not need to do the latter.    
    • Noted, thanks re-draft it is then 🙄    If it does go to FOS and its upheld can I also go for the throat and apply to set aside the suspended judgement (consent order) based  CCA  sections 86E not providing default sum notices 86(5) not entitled to enforce agreement  87(1) and 88(2) leading to unlawful repudiation of the credit agreement. Just an idea. 
    • CB ....this conclusion is true.   as for PB, i can assure you that user most probably ( well i know but shouldn't say} holds the record here for the most reported posts by users as well as from those of the site team concerning his posts. if you hold on someones username further info can be seen.   however , a bit like say vodaphone or virgin media , very large companies with millions of customers will get the most complaints made against them...and that equates to posting levels here too. as for 'royalties account holder' that again merely points, by a default label in the software package we use, to the number of posts made.   one could further this by noting were we to agree with all their posts they would be on the siteteam... i will leave you to understand why not .....       don't think anyone did?    regards  DX
    • Is it just that? Oh I thought it was because of all the effort he and others made to rightly bring DCBL to court. But he just got lucky there I suppose. Lucky he didn't bring his complaint to this forum first because if he had of done, he'd be £10K poorer right now. And for something that Peterbard describes as benefitting from being newsworthy, I am struggling to find all the news reports that refer to it.       Confucius  say "he who backpedals, falls off bike."    I'm not surprised in the least that you, a gold account holder on this forum, would adopt a dismissive attitude to this well deserved victory in court against DCBL, however I'm curious as to why you opted to reduce the issues at stake to being 'simply' about ' the EA fell foul of the regulation which defines "relevant premises".   That certainly wasn't any argument that Iain Gould furthered and he's a civil actions lawyer whom, dare I say it, know a hell of a lot more about trespass and misuse of private information than you do.   The judge never mentioned "relevant premises" either. Not during the hearing or in his judgement. And you never mentioned it either prior to know. In fact, in the original  in the original 2018 thread you even went so far as to suggest that whatever address was on the writ was irrelevant because, "interestingly, if the address is not  a requirement it would not be possible to sue the bailiff for wrong attendance under section 66."   Not that your wrongfully held opinion that non debtors are also subject to the Tribunals Courts and Enforcement Act 2007 matters, because as I had already pointed out in the first video because the claimant wasn't suing for wrong attendance under section 66.   He sued for trespass. Part 66 never applied to him because he was not the debtor and never had been. You and the likes of DCBL can disregard that obvious point as much as you like, but bailiffs do not have a blanket immunity from trespass.   Have a look at the article Iain Gould has written on his blog about the case. It might help you understand the tort of trespass in some small way, and might help you adopt a more balanced approach to those poor sods who owed no debt and have had their homes raided and their privacy breached by EAs, and then - to add insult to injury - they come to you looking for help.   What makes it worse is that your defective understanding of when an Enforcement Agents action can give rise to trespass is backed up by your site team members who think it's their job to echo your mistakes not by justifying what you say - because they can't - but by making defamatory remarks at the expense of those who give the 'correct advice'.   Unlike you and your team members I don't hide behind the protection of anonymity. Nobody can hold you to account if you get it wrong, or heaven forbid, if it turns out you  have been working for a firm of debt collectors all along. To add to this, you don't seem to care much about removing libellous remarks from your forum when a legitimate complaint is raised.   To respond to Bank Fodders comment that "At some point in the video it has screenshots of this forum and the narrative suggests that some people agree that an enforcement agent has the power to enter into a property to check on identity. I think that it is intended that the CAG is associated with this belief."   Seriously? I have to point it out to you.   Maybe it has something to do with key members of this forum smearing me on the original thread by saying how wrong my narrative was and then implying I was a Freeman of the Land.   Maybe it had something to do with Gold Member Peter Bard leaving this comment on the same thread that stated:   "The point I was trying to make is that the EA will not be as interested in paperwork as in physical proof that the debtor does or does not live there.   As said there is no requirement for an address on a warrant, in fact the debtor may live at several addresses and the bailiff may attend to serve at any of them. The warrant is against the debtor, not the debtor at an address. It requires only enough info to identify the person.( see CPR wherever it is).   The bailiff will be much more interested in getting in and checking for clothes in wardrobes, sleeping accommodation, letters etc."   I'm sorry if that wasn't enough for you to justify me bringing that point up in the video. I did consider coming here before I completed it and asking those members if they intended to maintain their position that the Enforcement Agent had acted within the law but strangely the forum account I had used to make my first and only posting on this forum in 2018 - to counter the smears - would not allow me to sign in.   Far be it from me to draw any conclusions about my input not being welcome here, I figured Peterbard and some of the key members here would use their creative skills at providing a blanket immunity from civil liability for all EAs by misinterpreting key legislation in their behalf.    It looks like I was right about that also. Unfortunately I have given in to temptation, and am choosing to respond, even though I know how utterly futile it is.
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Lowell and Vanquis + Express Gifts debts and DD issues - final response


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Hi,

I have an account for Lowell for which a DD has been set up for £50 per month. 

 

In February last year I requested to pay off another account for £10 a month by DD. 

When logging onto my account a few months later I noticed it stated that my £50 account was in arrears. 

 

I telephoned to query this and was told it was because they were setting up the new account and did not attempt to take the £50 that month. 

I argued that I was never informed of this and that this should not put me in arrears. 

These were two separate accounts, with two separate amounts being taken from my bank and on different dates of the month. 

They were not and did not alter the original DD for £50. 

 

I never received a reply to my complaint and had to chase it several times. 

Only today, one year later they have emailed me their response which is dated August 2019 which means I can't report it to FOS as I am out of the 6 month deadline. 

 

They have confirmed that they have recorded with the CRA that I had missed a payment also. 

I have attached the response they sent me and would appreciate any advice on how to move this forward?  

 

I have emailed them today stating that I believe they have misunderstood the situation and asked them to rectify my account as well as the CRA report.Lowell.pdf

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We just don't want you to keep getting conned by blood sucking DCA's.

sar vanquis   sar express gifts cards.   too    

Lowell are one of the more litigious DCAs......so when/if you receive the agreement ...redact scan and upload and we will give opinion. You can always resume payment if you feel more comfortable

Posted (edited)

You can still complain to the FOS as they have fialed to respiond in the required time and this email is proof that they have been unreasonable. The email will of course have its timestamp so you can show it hasnt been sitting in your in box for all that time

 

Stop asking ans start telling. Look at your credit files and place a notice of correction on the relevant entry. That will show anyone ele that the supposed misse payemnt is a hot potato

 

Now what are these supposed debts as you may well be paying money you dont owe to them

Edited by ericsbrother
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The letter confirms that there was no missed payment or arrears.......and I cant seem to find any reference to them recording it on your CRAs ?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Topic title amended

 

why are you blindly paying a DCA on any debt?

 

i hope you sent them a CCA request ?

 

retitled and moved to the provident forum

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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  • Andyorch changed the title to Lowell and Vanquis Debt DD issue - final response

Thanks for your replies - sorry I don't know how to reply to individuals.

 

I have just had it confirmed on the phone to me today that they reported missed payment to the CRA and the response was supposedly sent via mail which I never received hence them sending me the copy via email today.  That is the reason I thought I couldn't complain to FOS.  I do owe the money that is on the account and stupidly agreed to pay which I can't get out of now.

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Who says you owe the money?

throw the morality card out the window!

 

why are you blindly paying any dca on any debt !!!

why do think an original creditor sells any debt for <10p = £1??? and not take you to court and crush you?..because there is something wrong with it..

 

and please stop talking to powerless dca's on the phone!!

 

They are NOT BAILIFF s and have ZERO legal powers on any debt.

 

stop being a dca cash cow!

 

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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DX100UK thank you and I wish I came on here before setting this DD up. 

 

I might be wrong but I think I will now need to honour the payments as I have stupidly not ignored their letters and now I have admitted and taken responsibility of the debt. 

 

Is this correct? 

 

If I stop the DD can they now take legal action?

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no it's not correct.

 

are you indicating that before the dca conned you...there was many years since you last paid?

 

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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more than 6yrs since you last paid the original creditors before the dca conned you into paying?

 

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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ok..

send any dca you are blindly paying on any debt a cca request...

 

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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Hello

 

I agree with dx100uk.

 

Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:

 

1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response.

2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick).

3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.

 

After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.

 

The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.

 

Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.

 

They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.

 

It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.

 

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12+2 working days.

 

a dca can't hurt you credit file any more anyway.

 

only the original creditor can issue and register a default, on or before the sale of the debt.

 

what the dca put in the calendar section is immaterial as only you and them can see it

it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.

 

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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This is more than helpful. Thank you so much. I will get the cca done tomorrow and post the reply from them for what to do next. Thank you all again. 

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Hold on a minute? is that Lowell Solicitors you are paying at £50 per month , does the account have a CCJ on it already?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Because £50 is what they typically ask you to pay if it has become a CCJ? Is there on on your credit file from Lowell?

 

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I suggested the £50 every month and yes it’s on my credit file showing the following:

 

Lowell

 

defaulted 1 feb 2016 and the amount outstanding 

 

 

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history of the account please

when taken out

when was it sold by vanquis

any £12 penalty fees or ROC (PPI) in the sold amount

have you all the statements??

 

also what is this other debt you are paying lowells too already?

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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I don’t have any statements unfortunately.

 

I’ve just checked Totally Money and it’s says the account was opened 6/8/2013 and defaulted 2016.

That’s all the info I have.

 

After advice on here today I will do a CCA tomorrow.

I don’t recall PPI on the account.

The other Lowell account was for just over £100 and has been settled now 

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well thats why they got you on this vanquis debt

they mugged you on the otherone and saw you were an easy touch and a cash cow.

 

send vanquis an sar 

get all the statements.

 

to be honest it quite shocks me you've here since 2007 and are talking on phone to a dca?

 

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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dx100uk - thank you for your advice.  I will send a SAR to Vanquis and really appreciate all the help on here.

 

I may have read your last sentence in the way that it was not intended but it has came across very judgmental and not helpful.  I have came on this site for some help, not to be judged.  If that was not your intention then I apologise as I realise text can be read in the way it was not intended.  

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We just don't want you to keep getting conned by blood sucking DCA's.

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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You sent a CCA right?. If there is nothing back in 14 days cancel your direct debit, stop paying them.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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  • dx100uk changed the title to Lowell and Vanquis + Express Gifts debts and DD issues - final response

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