Barclays OD - 5 Defaulted Accounts on CRa file !! 4 from lowells !! for the sane debt!!

[InKogneeToh]

Hi tifo

 

There is always a chance of losing a case, even when your evidence/arguments seem watertight! The judicial system is very strange and success often depends more on HOW you present your arguments than WHAT they are!!

 

In civil claims, the court has to weigh up the evidence and decide which seems more likely. The 'balance of probabilities test' requires as little as a 51/49% split to find a winner!

 

So in a claim based mostly on facts the presentation of the arguments on those facts will be the decider.

 

At the very least it is arguable that the (several) defaults entered by Lowells had a contributory effect on your loss, although the court might try to apportion that loss.

 

At the end of the day, this will be a small claim where the usual cost risk is limited to paying the other side's basic expenses - lost pay, travel costs and court fees. Legal costs are not awarded in small claims unless the court considers that a party has behaved unreasonably. IMO, a modest claim for damages is not likely to fall within that category.

 

So it all depends on how far you are prepared to/need to go to feel that you have closure on this.

 

Regards, Pam

[tifo]

i think as far as possible.

 

i don't really like their attitude on this (which has changed from being initially helpful to unhelpful and calling me a liar now).

 

i feel if i can get some compensation from them, then this is deserved.

 

after all, if a company can default someone unlawfully for years and just change it when the person finds out and complains, with no apology from the company, then where is the justice in that?

 

i'm finding the 'customer' champions the ICO, FOS and others totally useless and it seems these DCAs and banks are above the law and investigation. I've lost any confidence in so called governmental bodies set up to fight for the customer, the person who votes the MPs into power.

 

believe it or not, the CSA have only 1 person who handles complaints against their members! I've then asked them how this person handles all the work they must be getting ....

 

lets see what develops. I feel i will have a strong case as Lowell Financial never had any legal right to default me and i want them to explain why they did this to a judge. So in the end, i will take them to court if i cannot resolve it through intermediaries. There is no defense for them.

 

What they gonna say? Portfolio entered 2 defaults and since we were managing it we thought we'd add a few as well for good measure? After all, we know no-ones gonna slap our wrists or take any action as we know we can get away with it, we don't need any docs or prove we own the debt, it's only a lowly customer, who cares what he thinks, we ask him to pay and he should roll over ..... so Mr Judge, whatcha gonna do? Watcha gonna do when we come to you?

[InKogneeToh]

 

 

so Mr Judge, whatcha gonna do? Watcha gonna do when we come to you?

 

:lol:

[tifo]

damn! .... looks like no court ....

 

Lowell have offered to write off the account (all under £200 of it) and write off £800 on a second account and completely remove all defaults. This is all after my complaint re the multiple defaults.

 

But ....

 

Since they haven't complied with my CCA s.78 requests anyway, are they only writing off accounts they know are unenforceable anyway? If this is the case, they are not really offering anything.

 

They have not offered any compensation for the multiple defaults and still state that they corrected the mistake when they became aware of it and it makes no difference if the default was in one company name or another as it is all Lowell and the effect on my record is the same.

 

So advice anyone? Shall i accept the write off and receive no actual money in my hand or shall i take it further?

[kennyparkroad]

depends on your own state of mind

 

id personally be tempted to accept that as long as

 

they removed ALL ENTRIES FROM YOUR CREDIT FILE, not just the default.

 

and provided written confirmation of everything that meets your needs.

 

 

in saying that and after reading your posts

 

i would be tempted to ask for compen to the tune of £250 for time and stress! lol

 

 

no no no the more sensible person in me says, just get them to get rid of all account, all debt, and all entries.

 

ooooooooo its a tough one!

[InKogneeToh]

Eeny meeny miney mo!

 

Yeah but! No but! Yeah but!

 

This is a toughie - you have achieved a lot but understandably still feel aggrieved.

 

If it was ME, I would still issue proceedings against them for damages and see if I could squeeze some compo out of them but you will have to prove your financial loss. (although having said that, I've remembered something on 'tbern's' thread about damages. I'll go look it up and get back to you.)

 

Regards, Pam

[OneStepLeft]

It is a tricky one as I guess only you know what you want from this.

 

If they are willing to write off the cash then perhaps they are willing to trade for removal of defaults, although of course the worth of those debts will be less than their face value, i.e. what they paid for them. What is worth more to you. Personally I would go to court and at least try and get something for your considerable trouble and fight for removal of any defaults where they cannot prove you owe anything. All the prior proceedings will come out in the wash and help your case surely?

 

Overall very disappointing result from the ICO.

 

Nice new avatar Pam, didn't recognise you!

[InKogneeToh]

 

 

 

Nice new avatar Pam, didn't recognise you!

 

Cheers! thought it was time for a face lift!

[InKogneeToh]

Hi

 

Have found the info. I was thinking of although it relates to awards of compensation made by the FOS. Maybe a complaint/claim to them might be worth considering.

 

Regards, Pam

 

technical notes - complaints that the interest rate on a savings account is too low

[tifo]

thanks all ...

 

as i said, they are prepared to write off the account i complained about, AND write off a second account i have with them which i haven't yet discussed with them (they defaulted me after s.78 non-compliance).

 

AND they are prepared to take off all default entries, not just amend but delete them.

 

its a toughie ... i'm getting the result of my s.78 non-compliance (maybe they know they can't collect on the account) BUT am not getting any compensation for the unlawful maintaining of defaults (which they cannot prove they had any legal right to).

 

I think in a way they're backing off with as little damage to themselves as they can (the purchase price of the two accounts) without giving me anything. I have them in a corner and its my risk to take it further.

 

But, the director did say he is still open to discussion and that my initial request for compensation (i asked for a LOT) is a bit too much (i agree).

 

I am aware that the FOS can award between £300 - £1000 per default for non-financial loss and i had 3 extra unlawful defaults. Since this complaint was made in Feb and the FOS will only look at issues after 6 April 2007 for DCAs, i'll need them to do something else for me to complain about (like update the defaults).

 

So, a write off of £1,000 and complete removal of all defaults but no compensation ..... worth it?

 

(i would say the above plus compensation as per FOS guidelines should seal it).

[dannyboy660]

Blimey that's a tough one!!

 

But are they effectively removing defaults for accounts which they gambled a fiver on for a 'collection in full' and an 'admission of liability' and which they didn't legally own anyway?? If so, they could be getting off quite lightly.

 

You need to be 100% certain the real owner can't come back at you once Lowell are out of the picture, or Lowell might "sell" to another purchaser. They're probably plotting away right now!!!

 

 

It's a tricky one. Do you trust them?? You'll need to be sure it's dead and buried with no danger of those 'ghosts in the graveyard of computer accounts' coming back in a few months/years. Personally I would be inclined to press on and go to court if necessary. Sometimes it's the only way to get peace of mind. Once the big yin in the wig says it's dead - it's dead.

 

Whatever you decide - all the best.

[tifo]

well ....

 

they are saying "total write off and complete default removal" which suggest they will do that and not sell it on. I'll get this in writing on headed paper.

 

but then i think they are getting off lightly if they pay no compensation as, you have rightly stated, they gambled a fiver on something which they may or may not collect and the damage has been done by the processing of defaults.

 

i may start quoting them the FOS guidelines on non-financial awards and case studies and see what i can get out of them.

 

the offer i have now came about by constantly calling the director and stating he is being 'unreasonable' by ignoring my complaint and emails/letters etc and pushing for a final answer. Yet he stated the offer is not final you are welcome to discuss it and i will listen, as 'you' have asked for far too much in compensation (i have but i won't tell yet).

 

guess they thought i'd go away if they ignored me ....

[OneStepLeft]

Ah, sorry my bad, I didn't realise they were going to remove the defaults and write off the debts. Well done you for the persistence so far for getting this far.

 

The extra FOS compensation would seal it, but I still think this is moral victory regardless anf the FOS is only potential. Do you want another step for the extra cash or for the principle?

 

A great case study nonetheless.

[tifo]

Do you want another step for the extra cash or for the principle?

 

For both really.

 

Compensation would mean i have been adequately redressed for their unlawful data processing and also the time i have spent in chasing them for the past two months. Add to this the distress and inconvenience they have caused and i think i have just right for asking for redress.

 

So, i want the cash for the principle and for the inconvenience and distress.

 

Makes sense?

[kennyparkroad]

if you can prove they put defaults on file etc illegally, then i would be tempted to go for compensation, and the costs of going to court if need be.

 

they are on the run, and know it,

 

whatever you asked for in Compen that was too high, take a third off, see what they say.

[OneStepLeft]

 

So, i want the cash for the principle and for the inconvenience and distress.

 

Makes sense?

 

Absolutely

 

At this stage it is still a negotiation as I see it, they are going to try and offer you the lowest they think you'll accept as you get some benefit...

[tifo]

yes, and i have to try and get the highest i think i can get.

 

at the moment i've started very high so i can come down ....

[tifo]

had a call from a 'debt advisor' at my local Council. TS had passed him my details re my complaint to them as it was a 'debt' issue. After the chat told him to pass it back to TS and tell them to deal with the complaint.

 

basically he advised me to accept the Lowell offer as they could have sent it back to the bank. I told him no because the bank has already 'charged off' the account courtesy of the taxpayer. He replied they can send it back as the debtor (me) may have had mental/physical problems and did not clearly understand what the bank had done or they had not explained it clearly enough. He totally failed to understand the charged off issue and said maybe i should tell the Inland Revenue!

 

Why the f**k are these guys being paid to advise us?

 

Its advisors like this who messed some of my accounts a few years ago as he did not advice me properly and used to ask 'what shall i say to them?' and i said 'well, you're the advisor' .... he always accepted what the DCA said and never fought for me.

[InKogneeToh]

absolutely priceless!!!

 

Do you mind if I spread this gem of a response around a bit tifo? I'm sure it will bring so much comfort and reassurance to many others on the forum who are looking to 'official' bodies for help and advice!!!

 

Regards, Pam

[tifo]

of course Pam,

 

i'm probably more qualified to give debt advice than these guys now ...

 

one of them also failed to understand the OFT debt guidelines and used to ask me 'they are asking for £40 a month or else, so what shall i say?'. This was when i was paying nominal payments of between £1 - £5 to everyone else. Of course, i was not aware of all that i am now but you expect these advisors to be.

[kennyparkroad]

you just couldnt make this stuff up if you had a team or writers!

[tifo]

no, you couldn't ...

 

but you're getting all this entertainment for free!

[tifo]

Lowell still insistent that no compensation will be paid unless i prove that i have suffered any financial loss, distress or inconvenience, or prove that my CRA points have suffered as a result of their defaults (i have no idea to see how many points i have or how many come off when a default is removed).

 

So ..... ?

[tomterm8]

I am no longer welcome on CAG

[kennyparkroad]

plus your financial loss is getting turned down for credit over the years because of 2 defaults on your file