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

Should i get her to cca ge money to see what paperwork if any that they have??

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.

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

i will try and find out what company it is that shes dealing with.

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..

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.

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..

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

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

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

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

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

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

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.

Im 100% sure that this is statuted barred as this has been passed around anumber of companys all of which sell it on as soon as the get the statatued barred letter. on company did send in some statements and on the statements that they did send there was a gap of 6 years of no payments/contact of any type. the statements on covered from 2002 until 2009 i think and the alleged debt is from 1998. plus if she did infact owe this money to the bank would the bank not have contacted her along time ago about this as the alleged debt is over £10,000. she still has a number of accounts with the bank so surly the bank would have just claimed the money from her accounts as they can under the claw back in the t of c's

Update..... Hi guys, just thought i would keep you updated. since getting the letter saying that the £1 cca fee was infact a £1 payment to the account and there for unstatute barres the alleged debt and restarts the clock, my mother has received two further letters from these guys. The first was a letter saying that she could either pay £30 amonth to repay the debt or £50 a month to repay the debt. The second letter arrived today which basically seemed to be a statement of accounts with these guys, opening balance, then interest/charges applied (which was zero) then closing balance. and a bit at the bottom saying DO NOT IGNORE THIS DEBT... should she just continue to ignore them or send them some kind of letter.

Was Thinking about sending them a Sar request and seeing what proof they have that it was a payment and not a cca request. i have a copy of the request as well as the recorded delivery reciept and also i was a cheque and not a postal order so the bank have a record of it as well..

Hi Guys, cutting a very long story short... basically lowell sent my mum a letter chasing an alleged debt for over £9000. i sent them the statued barred letter because this has been going on for a couple of years and the information gathered basically says its statuted barred. Today she got a response stating the it was not statuted barred due to a £1 payment made in october last year. There has been no such payment the only thing that was sent at that time was a CCA request along with the statutury £1 payment. Here is the letter http://i871.photobucket.com/albums/ab276/kiltedman/lowell-1.jpg Any idea what response i can send...... Kiltedman

Quick update Folks, I filed the first letter under ignore and forgot about it, and now 6 months later my mum received a letter from RED DEBT COLLECTION SERVICES LTD. Saying and i quote " Clear your account for just £10 per month, Red debt collection services understands that every person's financial situation is different and we are committed to helping you to repay your outstanding balance in a way that is affordable to you. Unfortunately, debts do not go away; no matter how much people want them to. However, in order to make it easier for you to settle your debt, we would like to offer you the options set out below: 1) pay £10 per month by direct debit (on the date of your choice by completing the form overleaf) until you have repaid the full outstanding amount. Or 2) clear you balance by making us an offer to pay a lump sum in full and final settlement of your debt. If we do not hear from you within 15 days(from date of the letter), we will pass you account to a specialist debt collection company. when this happens, an agent from the debt collection company will contact you to arrange a mutually convenient time to visit you and discuss your repayment options. We want to agree a repayment arrangement with you without having to take any further action so please call us as soon as possible on 0844 844 4716 Our advisors are willing to work with you to agree a payment arrangement that suits you financial situation. Our advisors are waiting to take your call. Signed Kevin Allmark (collections manager)" So after getting this i was planning on sending a CCA request and waiting to see what happens. Any other course of action that you guys recommend??

When they bought the debt should they have not got a copy of the agreement along with any and all other paperwork like DN's.

Got a reply to the sar's request which was good but there was only one problem, the information that they sent was for me and not my mother. seems that they disregarded there letter she sent and only looked at the name on the cheque which was mine. I do have an arrangement with them to pay money each month so they would have information to send. the most interesting thing i noticed in the paperwork was that there is not a Signed agreement or any agreement of any kind. there is a cover letter that states " Please find enclosed all data within our control that we hold for the account listed above. If you require further information which relates to documents and information before assignment to CL Finance Limited on July 2008, this is not within our control and we suggest you submit this request to the original creditor Santander Cards uk Limited." Surely they should be the one's requesting the information from the original lender or passing on this one rather than expecting me to pay again for the same information. I have spoke to them regarding this error of sending the wrong persons information and they said it was a clerical error and would send the right information to my mother for no additional charge. Any ideas

What information should I get back when doing a CCA request? Cl finance replied to the cca request but all that was in the envelope was a copy of an old credit agreement from 1998 and and a paper saying the account was in default and the full balance of over 10,000 was due. nothing else. in the document it stated "state of account" their is no statements of the account showing anything Payments/debits. i will scan the documents asap and let you guys have a look and you can tell me what you think.

Letters printed and will be posted first thing in the morning recorded delivery. now just waiting on the sar timelimit to expire with cl finance.

Is there any template letters i could send or do any of you guys have any idea how i should word the letters to jb recoveries for not complying with cca or sar request and to cl finance for not complying with a cca request and for disputing their argument about the debt not being statute barred. they say that because of the £10 fee (for sar) that jb recoveries used against the account this means that the debt is not statute barred. we are still waiting on the SAR request (the time limit is still running) which should show that the original debt was taken out in 1998 and was for 5 years (2003) as far as my mum is concerend it was paid, we have SAR'd the original lender (Bos) and wait to see what they send. but even if she stopped paying sometime before 2003 then surely the bank (which she is still with) would have taken money directly from her account and from 2003 till the first statement they sent was 6 - 7 years. hoping that when/if the comply with the Sar request cl finances documents will show no activity on account from before 2003 also if the original alleged debt was for - Advance = 6000 Bos Creditcare Gold = 2737.92 Interest (flat rate of 7.0% p.a) = 3320.28 Admin Fee = 120 TOTAL PAYABLE = 12178.20 they are claiming = 10221.49