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    • scan it all up to one multipage PDF read upload carefully   I suspect its the usual stuff they troll out for vanquis card debt those  application forms are not a credit agreement    lots of previous Lowell claimform threads here to read that explains why.   dx  
    • In late 2014, I received correspondence from a DCA acting on behalf of Barclays, pursuing a student overdraft of around £1k from 2003. I hadn't used this account in many years, well over six, and it is my belief (though, in full honesty, I can't actually remember, and can't prove anything) that it was closed a couple of years later in around 2004/2005/2006 (and it wasn't on my credit file in 2014), and the overdraft transferred to RBS (an account also closed so long ago that it is long since gone from my credit file. I certainly don't recall using it after 2004, and it was quite common then to transfer student accounts/overdrafts between banks. I emailed the DCA, stating that I didn't acknowledge the debt, that it would be statute-barred in any case, and requested an original credit agreement. None was forthcoming, and after some back and forth, I invited them to issue proceedings if they felt they had an enforceable credit agreement. They did not respond. I am currently looking at applying for a mortgage, and have noticed that whilst this account doesn't appear on Equifax or Experian, it is on my TransUnion file, showing as set up in 2003 and defaulted in 2015. Does anyone have any advice as to what I should do? The 2019 Doyle case might make my contention that it was statute-barred somewhat shakier, though, equally, I haven't heard anything about it in over five years, I cannot believe that, if the account was not closed/settled in the mid-2000s as I believe, that Barclays would not have issued a default notice before 2015. Does anyone have any advice as to what I should do? I want this off my credit file, even if the account wasn't closed in 2004, I believe that Barclays/its DCA are trying to pull a fast one by recording a default in January 2015, but given that neither party has any records with which to validate their belief/position, it hardly seems fair that I pay out for something that either doesn't exist or ought to be statute barred? A further point is that whilst it is Barclays, the account was opened at a branch in Scotland (where I lived/studied), where I believe that the Limitation period is five years, so, even if it transpired that the default was legitimately in 2015, would the matter now be statute barred anyway? Or would it be six years given that I now live in England?
    • Hi.   Quick update. I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.   I have had my Cifas report today. It states.   Barclays Bank registered a 1st party fraud report against me on the 30th May 2019. This is the date they closed my account.   Case Type: Misuse of facility. Reasons: Multiple encashment fraud. Cifas Filing: First party fraud - (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility; or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)   So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.
    • clarification Perhaps look up the latest studies on modern examination of historic smallpox to attempt to map its types and paths..
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evelyndarling

evelyn darling and lowell financial/portfolio/???

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If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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It looks fine to me, but I'm not sure what you mean by;-

 

"though I’m sure your legal quarters will be aware, of the OFT ‘s powers which will come into effect in 2008."

 

Are they getting new powers?? If so will they be relevant to your case??

I'm not 100% what powers the OFT have anymore as I think things changed a little earlier this year. They were involved in my complaint aginst Lowell, but that was about 12 months ago now.

 

It looks good, and the reference to the 'calling card' is particularly good as that is undoubtedly a dodgy area for Lowell. I'd send it and see what happens.

 

Personally, I'd take it as far as it will go because Lowell have got away with too much for too long and they show no signs of doing things by the rules. They deserve a slap and it's long overdue.

 

All the best.


HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I would leave the bit about 2008 out of it. Clownells can only deal with the here and now. Send your complaint to them. Let them try to resolve which of course they wont. Then complain to the FOS who will chage Clownells £400 for the privelege of investigating them. I agree with Dannyboy the are long overdue a huge slapping not just a tap on the wrist. Everyone who deals with these muppets gets the ubiquitous yellow card


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okay then! i'll take that part out! thanks guys, i put it in because TS said they will be given more rights to revoke the licensces of DCA's who dont comply with CCA requests properly, but true, its not really that relevant right now....

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the letter i sent to TS, for bgqs,

 

ATT: copy documents

 

FORMAL COMPLAINT

 

Dear Sir/Madam

 

Could you please advise me regarding the following issue?

 

Over the course of the last few weeks I have been in correspondence with the debt collection agency Lowell financial Ltd. regarding an alleged debt they own in my name, sold on by Capital One Bank. The debt is currently in dispute with Capital One due to unlawful charges. I sent Lowell financial a request for a true copy of my Consumer Credit Agreement (as can be seen in the letter I have attached) under the consumer credit act 1974, and received a copy of an undated application form which does not contain the prescribed terms which I believe constitute an “agreement“. I also received a letter dated 23rd April 2007 informing me they had defaulted me even though I was not due to pay them an instalment until 16th May 2007, therefore I feel they defaulted me merely because I requested proof within my rights that they were entitled to collect aforementioned debt. I have included a copy of this correspondence.

 

Lowell financial Ltd. have also sent me a letter stating that they have passed on the debt to themselves, Lowell financial Ltd., from Lowell portfolio Ltd., which in itself is very confusing as all previous correspondence had been with the Lowell financial Ltd., not Lowell portfolio Ltd. Would this constitute as a breach of the Office of Fair Trading guidelines section 2.5, 2.4©? A copy of this letter is enclosed.

 

You can see from my letter I have enclosed that I was exercising my rights under the relevant sections of the Consumer Credit Act 1974 act in asking for a “true copy of the original agreement”, and also enclosed the maximum statutory fee of £1.

 

They have been in no way amicable and have continued to send letters threatening me, and to send agents to my home. Today on june 7th 2007 I received a card made to look like a card which had been hand delivered insinuating that they had visited my home when I was at work and would visit again that evening, a copy of this card is enclosed. It caused a lot of distress as I live in a block with many other residents and my partner called me whilst I was at work worried that he’d either missed someone and I was in trouble or that one of the other residents had answered the door. I do not think that this is anywhere near in line with the OFT’s guidelines regarding fair debt collection practices and would appreciate any advice. I would be very grateful of any help you can give me in response to this situation, in regards to whether they have fulfilled their duties under the consumer credit act 1974, and also wether they are adhering to the OFT debt collection guidance 2003, or the use of “look alike letters” 2000.

 

thank you for your time.

 

Please treat this letter as a formal complaint in regards to this matter.

 

 

 

Yours sincerely

 

 

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hello, been off as i have moved house. got a reply from lowells saying they stand by their previous letters and denied everything and basically said that TS were lying, i was lying and we are all idiots. i am now going to forward it to the ombudsman. i ma tempted to send them a letter asking how on earth they can call trading standards idiots which is basically what they are saying...

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hello, been off as i have moved house. got a reply from lowells saying they stand by their previous letters and denied everything and basically said that TS were lying, i was lying and we are all idiots. i am now going to forward it to the ombudsman. i ma tempted to send them a letter asking how on earth they can call trading standards idiots which is basically what they are saying...

Post Clownells letter and give us all a laugh:D


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lastscan.jpg

 

 

1. the postcard WAS made to look like someone had called, trading standards thought that as well which is why they have forwarded it to the OFT.

 

2. "letter dated 8th may" is a letter they sent me with a second copy of an application form with the signature box highlighted. this is what i sent to TS and is what they said isnt an agreement and could be disputed in court.

 

3. the "second letter" they refer to is indeed my complaint, the first letter was merely requesting a copy of procedures. how they tackled that as a complaint i dont know.

 

the further page was just gumph about how this is thier final decision and that i can contact the FOS if im not happy, which im not and which i will. im suprised the fact that even though i clearly outlined the fact that Trading standards were interested in the card issue that they wanted permission to send it to the OFT, they still blah blahed it and claim it is not meant to look hand delivered - it is posted above, please have a look. it does indeed state someone will call at a set time, which as no one "phonecalled" me, then i and any other would take that to mean knock on my damn door.

 

this is laughable.

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.....therefore your account has been returned to our collections process where it shall progress towards a natural conclusion..

 

Ha ha we all know what that will be. NO CCA = End of story for Clownells

 

Their postcard says that they were sorry you were out. HTF would they know you were out if they didnt call at your house. They are stretching it with their silly yellow postcards, they know it, we all know it and now TS agrees with us. Sorry Clownells get out the cheque book you owe FOS £400 and unlike your threats and lies thats a fact:D


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this is what im planning to send to lowells. yes or no? if any one wants to help amend this id be very grateful because im not too sure if this is all okay.

 

 

Dear Sir/Madam

 

Attn: FORMAL COMPLAINT

 

Re:- Account/Reference Number

 

I would like to draw your attention to the fact that under the Consumer Credit Act 1974 section 78 you have not fulfilled your duty to supply me with a copy of my consumer credit agreement. You have defaulted under the given time scale. The document you sent me, twice no less, does not contain many of the prescribed terms that are part of a valid consumer credit agreement. I am in receipt of a letter further substantiating this from Trading Standards. I also wish to draw your attention to the sending of the “calling card” which was intended to look as though you had visited my home. The card was unclear, it is obviously worded to appear that a visit had been made, there is no prior “warning” to this proposed false visit, and therefore I wish for you to consider this letter as a FORMAL COMPLAINT in the actions of Lowell Financial Ltd. And Lowell Portfolio Ltd. To clarify, this complaint is regarding the failure to present to myself, within the given time scale, a copy of my Consumer Credit Agreement, and also the use of misleading, unclear correspondence with intent to cause fear or unease. I also wish to inform you that this matter will be taken further and please find enclosed a copy of the guidance I was sent by trading standards, and take note, though I’m sure your legal quarters will be aware, of the OFT ‘s powers which will come into effect in 2008. I look forward to your response.

 

 

Yours sincerely

 

then this enclosed...

 

debtinfoTS.jpg

 

 

 

any advice is appreciated!

 

Hi evelyn darling,

I was wondering whether you had the whole article on the Trading Standards quote about debt collection? It cuts off at an interesting point re: written correspondence opened by anyone other than etc.

I've trawled through the TS website but can't find the article so if you can point me in the right direction to be able to view it I'd be grateful.

thanks ...

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i can scan it up tonight and post the other side of this leaflet for you. its something TS sent me through the post.

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i can scan it up tonight and post the other side of this leaflet for you. its something TS sent me through the post.

that would be excellent - thanks a lot :O)

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Hi there,

 

Have just been reading your thread and wondered what the outcome was as I too have an inssue with Lowell.

 

Let us know when you get the chance.


I'm the Mummy and quite frankly, the CSA can kiss my butt!! :lol::lol:

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Would like to know whats happened with this.. anything new? :)


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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