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kiltedman

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  1. What network is it on, I know O2 have a system were the contract can be transferred to the other person cause I did it when I split from my ex
  2. Should i get her to cca ge money to see what paperwork if any that they have??
  3. Hi, My mother was going through some old paperwork that she had and found - http://i871.photobucket.com/albums/ab276/kiltedman/ppi1.jpg it says on it - first national bank protected payment plan. is this ppi?? and if so could she claim it back. she is looking for any other paperwork she had but cant find any statements. thanx in advance for you advice.
  4. Well Folks it must be that time of year again..... After hearing nothing since feburary about this alleged debt, a letter appears today saying that " As you have failed to repay your account, it will be sent to LUCAS CREDIT SERVICES who are one of our approved debt collection agencies. they will be instructed to pursue you for this debt and seek to recover the full balance. All contract and correspondence should be referred to this company from 14/06/12. Prior to this date, you can still contact us and make arrgements to repay your account by offering payment in full, or by setting up a monthly repayment plan for an amount of money you can realistically afford. If you do this your account will not be transferred to the debt collection agency named in this letter. Lucas Credit Services 2A 606 Business Park Straithgate Lane Bradford BD6 1YA Tel - 01274957060 " now should i send a dispute letter to lowells then wait and send on the these other muppets, or just ignore and wait for the letters from Lucus and send them one then along with a statue barred letter?? Thanx for any help
  5. i will try and find out what company it is that shes dealing with.
  6. Thanks guys for all the advice. I will pass it on to her in the morning but i think at the moment she just wants to resend a letter with another copy of her statements and see what happens. I personally think she's wrong to do this but.... I think the company are AT IT. she sent the information they requested by recorded delivery and when she phoned to chase it up she was told that she had not sent it to the right person or used the reference number. But how can she send it to the right person if they didnt tell her who to send it to and if they don't give her any statements how is she supposed to know the reference number. yet when she spoke to them they knew who she was and had information that they could only have got from the original letter she sent..... If she doesnt get a response this time would it be useful to send a CCa or Sar request and get a copy of all they have on her and some statements from them. or just send a threatening letter then go straight to the small claims court. she has all her statements proving how much she's paid. She lives in scotland so i don't know if the law about small claims is different here..
  7. I don't know the name of the company but I do know she was paying by standing order. She has now canceled the standing order.
  8. Hi, Just a quick question... A friend of mine as been paying £50 a month on an alleged debt, she as working out that the debt was paid of in full over 8 months ago but as still been paying, so now they owe her £400 +. she spoke to them and they asked for proof that it was paid off she sent them a copy of her statements that prove this. she heard nothing so phoned them and the say she has to resend them as they were not send to the right person (no way of nowing this) and that she did not use the reference number. She did not have the reference number as they have never sent her any statements or had an contact with them since setting up the standing order. Is there any letter templates that she can use to send them a letter demanding her money back. She is not computer literate or much for fighting them, would rather pay them and get rid than fight. i am trying to encourage her but she has bigger issues than this at moment and just wants her money back..
  9. This is what i have found about the Administration of justice act 1970. The Administration of Justice Act 1970. Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she: harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represent themselves to be authorised in some official capacity to claim or enforce payment; utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of: of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or of the enforcement of any liability by legal process. It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment. from - http://www.debthelpuk.co.uk/administration-of-justice-act-1970.html
  10. Yep it's that time again, more letters from Lowells, Here are the latest two letters that have arrived from these guys - http://i871.photobucket.com/albums/ab276/kiltedman/Lowell8.jpg , http://i871.photobucket.com/albums/ab276/kiltedman/Lowell9.jpg . Doesnt seem to matter what letters i send they just keep sending my mum letters regardless. I remember reading somewhere that she may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970. Are any of you guys familiar with this?? Any advice greatly apprieciated. P.s forgot to say she lives in scotland Kiltedman
  11. Hi Guys, Its that time again... Another update.. My mother just received this letter - http://i871.photobucket.com/albums/ab276/kiltedman/Lowell7.jpg dispite the last letter that we sent. Also today she received a phonecall from them (unknown how they got her ex-directory number) but she just hung up on them. i have said to her that if they phone back to only say ( I will only deal in writing) then hang up. I will also be adding the number to the phones block list. Any ideas
  12. Latest update.... This is the letter i sent them, and i think things have crossed in the post as we have received another letter. so will give them sometime to reply. I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT Lowell Group Enterprise House 1 Apex View Leeds LS11 9BH Date 07/12/2011 Dear Sir/Madam Acc/Ref No You have contacted me regarding the account with the above reference number, which you claim is owed by myself. The payment you claim were made to the account was in fact the legally required fee for request made under the CCA 1974 = £1.00 on 15 october 2010. The last payment made to this account was in 2002 therefore this account is now statute barred. I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" I would also point out that the OFT say under their debt collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed. Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. Please also forward me a copy of your complaints procedure as i wish to raise a formal complaint regarding this matter and the attempted fraud that you have undertaken. Here is the link to the letest letter, could you guys have a look and let me know what my next step could be.... http://i871.photobucket.com/albums/ab276/kiltedman/lowell6.jpg Kiltedman
  13. I figured i could send something like this, (sorry not much good at letter writing) I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT Lowell Group Enterprise House 1 Apex View Leeds LS11 9BH Date 07/12/2011 Dear Sir/Madam Acc/Ref No You have contacted me regarding the account with the above reference number, which you claim is owed by myself. The payment you claim were made to the account was in fact the legally required fee for request made under the CCA 1974 = £1.00 on 15 october 2010. The last payment made to this account was in 2002 therefore this account is now statute barred. I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) without the subsistence of the obligation having been relevantly acknowledged, then as from the expiration of that period the obligation shall be extinguished:" I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed. Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license. I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter. Please also forward me a copy of your complaints procedure as i wish to raise a formal complaint regarding this matter and the attempted fraud that you have undertaken. For your information. The Offences Section 1 creates a general offence of fraud and introduces three ways of committing it set out in Sections 2, 3 and 4. Fraud by false representation (Section 2); Fraud by failure to disclose information when there is a legal duty to do so (Section 3); and Fraud by abuse of position (Section 4). In each case: the defendant's conduct must be dishonest; his/her intention must be to make a gain; or cause a loss or the risk of a loss to another. No gain or loss needs actually to have been made. The maximum sentence is 10 years' imprisonment. Fraud by false representation (Section 2) The defendant: made a false representation dishonestly knowing that the representation was or might be untrue or misleading with intent to make a gain for himself or another, to cause loss to another or to expose another to risk of loss. I believe that by trying to pass off the legally required fee for request made under the CCA 1974 as a payment you are committing the act of fraud. I have proof that the alleged payment was infact a legally required fee for a CCA request, I also have many documents that were provided under a Subject access request by Cl Finance that proof that the last payment/contact on the alleged account was 2002, they bought the alleged debt in 2004 and no other payments have ever been paid to this alleged account. I look forward to your reply. Yours faithfully
  14. Another update guys, here is a link to some letters that have been sent including the latest one. http://s871.photobucket.com/albums/ab276/kiltedman/. two of the documents are from a previous company called CL finance who have sold this on to Lowells. documents 4 and 5 are copies of sheets that were sent in response to a Sar request that we did on CL finance. as you can see from picture 4 its a statement of accounts from when they took over the alleged debt and cleary shows the £1 that lowell are claiming as a payment as a cca request fee. the only sticking point that cl finance had was that they tried to claim that a £10 payment was made to JBL recoverys when this was infact a sar request (done before cl finance's one). JBL sent nothing and when i wrote to query the payment they sent a £10 cheque back. Picture 5 is confusing to me as it says last payment was made June 02. it also states in the top left under status - Irrecovable.... also further down it states on hold till 13-nov-10. Any ideas what this all means. and any letters i can send. we have previously checked my mums credit file and nothing shows up but am reluctant to check it again as about 3 wks after checking it last time she started getting letters about alleged debt that she knew nothing about... Any help Please
  15. is there a letter i can send to hbos as we sent them a sar request along time ago and forgot all about it until this all started again and have not had a response from them.
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