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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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confused about reply to my CCA request, please help!***WON***


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hi stadium

 

Just anted to wish you luck with these i am at the minute fighting these bucket heads (see thread meg&mog-hello) they are very vile people i also sent them a harrasment letter the phone calls stopped straight away but i get letters saying the same thing every other day

 

anyway ive subscribed now ill see how you get on good luck:wink:

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Thanks meg&mog, and the same to you :)

I have just had a good read of the OFT guidelines and will construct a letter to them this week, recon Lowell have breached a few! If anyone can point me to some threads that have reached/gone further than this stage I would be very grateful. There's so may threads in here, with more and more coming in everyday, it is sometimes hard to find similar situations to compare with.

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I was told by a credit company when i defaulted on my loan they could phone me as many times as they wanted from 6 am till 10pm 7 days a week....

The funny thing is after a couple of days of the phone ringing at all hours,i started pretending i couldn't heard them on the phone,it wound them up so badly they gave in phoning me...

 

Hi Stadium

 

I too have subscribed to your thread and will follow it with interest as all mine except one have now defaulted and I fully expect to be contacted by some or all of them very soon as I don't believe they will just go away quietly even though they have defaulted on my CCA requests.

 

Isn't Adelaide's idea a good one (quoted above) I shall use this ploy if and when I get any calls from DCAs from now on.

 

:grin: (Spiritgirl SHOUTS ; Sorry my hearing aid is broken, can you put it in writing....I said my HEARING AID is BROKEN...I SAID its BROKEN...What? Eh? I can't HEAR you my hearing AID is BROKEN ...LOL :p :p

 

Good luck!

Spiritgirl :wink:

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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LOL Spiritgirl, great idea! I once just left the phone on it's side so the lowell person at the other end could hear my kids arguing (not nice on the ears I can tell you) They didn't stay on the line very long:D

 

I don't think DCA's know the meaning of the words "go away quietly" as they seem to ignore our letters and requests as standard. It makes it all the more satisfying when I read of successes and results in here:)

Good luck with your quest, I am doing the same as you and dealing with everyone all in one go. I hope to have sorted all my debts out by the end of the year. If I manage it, then it will be the first time since 1995 that I will be clear of them.

Thank you for your support, it's much appreciated :-)

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Good luck with your quest, I am doing the same as you and dealing with everyone all in one go. I hope to have sorted all my debts out by the end of the year. If I manage it, then it will be the first time since 1995 that I will be clear of them.

 

And what a great feeling that will be - Since reclaiming bank charges my debts are now minimal - first time for years and years - prob 1989.:D

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 3 weeks later...
And what a great feeling that will be - Since reclaiming bank charges my debts are now minimal - first time for years and years - prob 1989.:D

 

That is great news Gizmo, I hope to be where you are very soon:wink:

 

 

OK, update time. I've been rather busy lately so am very slow in catching up with my Lowell battle. I intend to send this letter off to them today, would like a few knowledgeable eyes cast over it first tho, if someone out there is willing to help point out any mistakes, or can make it sound better:)

I have been getting at least one call per day from the clowns at Lowell, for the past 2 weeks, after 3 calls yesterday, last one at 8.45 pm, I saw red! In answer to their security questions I said "This number no longer accepts calls from your company" and put the phone down. Thats prob why they kept calling lol.

 

Lowell Financial

PO Box 172

Leeds

LS11 9WS

15 May 2007

Ref: XXXXXXX

Dear Mr Beaven,

 

CCA 1974 (Consumer Credit Act)

 

As you are aware, I wrote to you on 02/01/07 (copy enclosed for your convenience) requesting you supply me with the relevant information, which is my legal right under section 77-79 of the CCA 1974 and you had 12 days plus 30 days inclusive of holidays and weekends (ie until 19/02/07) to respond to me with the information.

 

This time has long passed and you have now committed a Criminal Offence under the said Act and it is my intention to report you for this criminal conduct to the appropriate authorities, namely the OFT and Trading Standards.

 

I also understand that under the Act, due to your failure to comply with my statutory request you or any acting agent are unable to enforce an agreement. Therefore I request you cease telephoning my home on a daily basis and take my telephone number off your computer systems. I have already requested you stop calling me, in my letter, Harassment by telephone, dated 24/01/07. A copy is enclosed for your perusal.

 

 

Data Protection Act (Data Protection Act 1998)

 

Furthermore under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

 

 

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

 

Yours sincerely,

thoughts anyone?

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Good luck stadium - letter seems good. It'll be intresting to see what, if any, twaddle they send you back.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Yes, it's fairly stiff competition!!

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi folks, have had this reply from our bestest friends at Lowell......

 

Thank you for your letter recieved in our office on 17th May 2007.

 

I can confirm that we will be conducting a thorough investigation into your concerns. Upon completion of this investigation we will write to you again.

 

Please find enclosed a copy of our internal complaints procedure for your information. Please take time to read this as it explains how we deal with your complaint and when we will contact you again.

 

In the meantime, if you have any queries, please do not hesitate to contact me.

 

signed by a Gary Benn, customer relations.

 

The complaints procedure states:

 

(with this above it) Lowell is commited to handling complaints fairly and sensitively, in a consistent and responsible manner.

We are in reciept of your complaint and we will deal with it promptly, effectively and in a positive manner.

 

1. We will acknowledge your complaint within 5 working days.

2. We will investigate your complaint and endeavour to send a final response to you within 4 weeks of reciept of your complaint. If we are unable to provide you with a final response within this time we will send you an update.

3. We will endeavour to send a final response to you within 8 weeks of feciept of your complaint. If we are unable to provide you with a final response within this time frame, we will write to you explaining why and advise you when you can expect a final response.

4. If more than 8 weeks from the date of your complaint has past (their spelling, not mine!) and you haven't recieved a final response, or you are dissatisfied with the final response you have recieved (at any stage of the process) you can write to:

Financial Ombudsman Service (FOS)

South Quay Plazza

183 Marsh Wall

London

E14 9SR

You must refer your complaint within 6 months of the date of the final response.

 

 

They state they recieved my letter on the 17th. On that day they phoned me twice, AM and PM. They also rang me on the 18th and the 22nd. Hmmmmm.

 

I'm off on hols tommorrow, so I can't do anything about this for a week or so.

 

Keep up the fight guys!:D

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  • 2 weeks later...

Ok, well I've had this reply (dated 30th May), I'm not happy about it and would appreciate views/comments/suggestions......

 

Dear S.A,

Further to my letter dated 22 May, I have now investigated your complaint fully and would respond as follows.

The documentation that has previously forwarded to you is sufficient to ensure we have complied with your request under the provisions of the CCA 1974. As such, I can advise you that we have fulfilled our obligations in this respect and your comments to the contrary are totally and utterly refuted. Consequently, no further documentation will be obtained on your behalf and we now look forward to your payment proposals without delay. I would now advise you that the above debt has been placed back into our collections process and will follow our normal proceedure to it's natural conclusion.

As requested, your home telephone number has been removed from our records and no futher contact will be made with you through this channel.

In view of the above, I do not accept that your complaint is justified and nor do I accept your comments.

Please note that under the terms of our complaints procedure this is our final response. Should it be the case that you remain dissatisfied you may refer your complaint to the financial obudsman service. You need to do this within six months of the date of this letter. For more information please see the enclosed guide 'Your complaint and the obudsman'.

 

And, true to form, I recieved a payment demand this morning, urging me to ring them. Bahh!!! I was kinda hoping they would give up, but if they want a fight they're gonna get one!!!

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hi stadium

 

i had a letter nearly identical to yours from these "people" yours is a little different because our complaints would have been a little different

 

just goes to show though they dont read the letters they get just throw out the same stuff "we refute this and that"

 

i did write to them again even though they said this is our last responce they ended up saying we will not accept any more correspondence from you :D

 

i know only a little victory but felt good anyway :)

 

good luck try not to let them make you angry i know its hard but they aint worth it

;)

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  • 4 weeks later...

Worth a complaint to the data protection peeps as well, no agreement= no permission to process your data or share anything with third parties like the credit ref agencies, go get em :)

good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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Hi all, thanks for the support guys, it means alot:)

 

Hi Ali, I have recently seen my credit reports with all 3 CRA's and Lowell don't show up on any of them, guess I'm one of the lucky one's.

 

CAS, I must admit to neglecting my fight with Lowell lately:oops: due to other commitments, but I do intend on getting my ar*e into gear, especially after recieving a postcard from them this week. Even though it doesn't say it's them, I know it is:rolleyes:

 

As for my other CCA requests, I've not heard anything back from Connaught or Mk Hall at all and Wescot returned my £1 cheque saying they were no longer dealing with my account.

 

Hi meg&mog, thanks for the info re the letter, glad to hear of your victory, one less thing to worry about:-D

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Sounds like you have them on the back foot, nice :) Still waiting for my first CCA's to be delivered then the fun begins.

good luck

ali x

Btw I am no expert just give notes based on what I have read on here and other forums/sites, plus my own experiences and investigations.

 

All ccj's now dropped off file, 2 yrs to go to clear file.

All old debts either settled or made unenforcable.

 

RBS MPP-Full offer at 8 wks from first complaint

RBS Overdraft loanguard-full offer at 8 wks from complaint

Citicard ppi-with FOS finally paid 8 months after offer through FOS!

Capital one x2- with FOS

Monument ppi-with FOS

aqua x2 ppi-partialled settled still pushing for the rest

Black horse ppi-offers made and accepted except for one early loan they say no info held-still pushing for payment

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LOL S.A. that's the first time I've seen one of those postcards as well :p

 

If I've answered the phone and its been ONE OF THEM I have said "I'm the cleaner, she's out" :grin: - been saying this for the past month and it seems to get rid of 'em ...they must think I have the busiest cleaner in the UK cos she is here at all hours pmsl ....but it would be nice to get a postcard to show they care!!

 

You should write on it "junk mail - return to sender" and shove it back in the postbox S.A. !!! :grin: :grin: :grin:

 

Hope you are keeping OK. Still following your threads!

 

Best wishes

Spiritgirl x

Please note I am not legally qualified, I am offering advice based on my own personal experience in the hope that it may be of help to others in a similar situation.

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  • 3 weeks later...

I have recieved a final demand from our friends Lowell today:roll:

Note the line "Remember, the only way your debt is going to be resolved is by calling us. We would prefer not to take you to court (c'mon then, bring it on!!) so please do not leave that as our only option. Call us now.

And the "You will be given no further warnings."

Hmmmmmm, lets see shall we? I am not going to bother doing anything about this, will wait and see what happens. IF they keep to their word and take me to court then the fun will begin, cos I'm armed and ready!!!:DLowellfinaldemand.jpg

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LOL S.A. that's the first time I've seen one of those postcards as well :p

 

If I've answered the phone and its been ONE OF THEM I have said "I'm the cleaner, she's out" :grin: - been saying this for the past month and it seems to get rid of 'em ...they must think I have the busiest cleaner in the UK cos she is here at all hours pmsl ....but it would be nice to get a postcard to show they care!!

 

You should write on it "junk mail - return to sender" and shove it back in the postbox S.A. !!! :grin: :grin: :grin:

 

Hope you are keeping OK. Still following your threads!

 

Best wishes

Spiritgirl x

 

Hi S.G, I am keeping well thanks, and thanks for your support.:) It has been rather quiet up until now...would think the next letter I get will be from Hamptons....in fact I think I could probably post up their letter before I get it, as I've already been passed to them once and already have a couple in my file lol.

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  • 3 weeks later...

As predicted, letter recieved from Hamptons today!

I have had so much going on in my life lately that I just haven't been giving this the proper attention it needs. I hope to reply to them this week though, and will post up my reply once I've worked out what I'm going to say:)

 

Hamptonsdemand.jpg

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SA here's a nice letter you can send them:

Dear Sir/Madam,

 

Your Ref : xxxxx

 

Your Client : XXXX

 

I refer to your letter of xx/xx/2007, which was received today.

 

Frankly, I am surprised of the need to remind a firm of solicitors about the terms and conditions surrounding my Consumer Credit Agreement request (Consumer Credit Act, 1974); received by XX DCA XX on xx/xx. I can only assume therefore that they failed to inform you.

 

Should your client now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by XXX DCA XX under The Consumer Credit Act, 1974, as well as your client’s non-compliance with and total disregard for the law on this occasion.

 

Yours faithfully,

Edit as needed ;)

  • Haha 1

Be VERY careful whose advice you listen too

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It just shows how stupid they are, they talk about County Court Judgements then state:

 

i. instruct a bailiff or sheriff to remove goods from your premises.

 

(A sheriff is the Scottish equivalent of a county court judge)

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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