This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

The bank could just decline the sale at where it is being done and though it might inconvienience you at least you wont get a letter a week later saying "we are charging you thirty quid as you went a few pennies into unauthorised overdraft" Do the banks do this on purpose to print themselves more profits ?

They said thank you for arranging payment and enclosed is a mandate for you to complete, I had not had any letters from this DCA (Lowells) since they were dropping collection activity as they could not produce any agreement (CCA) over a year ago and I have certainly not spoke to them about setting up a DD. Are they just fishing and should I send a letter back to them ?

Thanks everyone for your replies.

Cheers for the reply, I just emailed JSA with the same question.

I am thinking of increasing an existing policy but I need to be sure I would not be barred from claiming JSA because I had the policy.

And if it is still "yes" how do I go about getting a default removed from my credit rating ?

Thanks for your reply, would your answer yes apply as the default was put on by the original lender and not the DCA ?

I had an old debt which had a default put on my credit file ( under 6 years ago ) a DCA also persued me for the debt but they could not produce a CCA so told me they had closed the file on it, am I within my rights to get the default removed ?

I CCA'd Lowells and they cant find it so they are no longer persuing unless the CCA turns up in the future, should I send a final letter warning them not to try and sell this matter to a different DCA and get any defaults removed that they may have put on my credit file ?

I took Lowells to the county court last September and they sent a barrister down to defend, he produced some document from the 1930's to the judge who swallowed it, I could not even understand the document ( in court was also the first time i had seen this document as it was not put in their original evidence), I was trying to sue them as they "bought" a debt in dispute and i paid them a few quid to get them off my back not knowing at the time I should not have given them a penny and told them to give the debt back to the company i was in dispute with.

I told one recently that if they did not return the money they deceived from me that it might be mightily tricky for them to obtain credit in the future, I also wished them a merry Christmas and a very happy new year, all in a Blackadderish sort of way.

Thanks Twofoot.

I had a letter from the DCA recently asking me if I want to put a bid in to buy this debt off them, any one else had this ploy. I was wondering if they would accept £100 to settle the debt !

I believe PPI on loans is not compulsary so ask them to remove it, you could even try to ask for your previous PPI payments to be returned if you did not sign an PPI agreement.

Does the OFT enforce their guidelines and if they do how do they do it ?

Thanks for your support !

Anyone ?

Hi I will try to be brief. I had a loan ( In fact six loans over a 1 year period ), bank account and a credit card debt that added up to 23k, I could not afford the repayments so I offered my bank £100 a month which they declined. I started legal proceedings against HSBC to recover unfair bank charges which they settled and at the same time trying to sue them for not acting in my best interests as one of their customers. After they settled the bank charges HSBC sold " the debt " to a DCA, when they first telephoned me I told them the debt was in dispute which they made no comment on, I agreed a couple of weeks later to pay them monthly as I was fed up of their contant phone calls to me, at that time I was unaware of the OFT and the banking code of practice stating a debt in dispute cannot be sold or passed on to a DCA, when I found this out I asked the DCA to investigate this with HSBC which they did and confirmed it to me in writing that the debt was in dispute with HSBC. The DCA would not refund what I had paid them so I took them to court, but the judge on the day dismissed my case as he said it was not in dispute when the DCA had purchased it even with written evidence from the DCA themselves !!!

I had a debt in dispute with HSBC, HSBC part settled the dispute but before I could deal with the rest of the dispute they sold it on to a debt collection agency. I agreed to pay this DCA (as forty phone calls a day off them was doing my nut in) whilst I was continuing the dispute with HSBC as I was unaware at the time that a disputed debt should not be sold on under the OFT guidelines and 13.6 of the banking code. I recently went to the small claims court to try and recover the amount I had paid to the DCA as they admitted to me in writing that upon investigation the debt was in dispute when they purchased it, I also told the DCA this when they first telephoned me to try and recover money from me some months before. The judge at the county court dismissed my case as he said it was not in dispute, even with the above evidence presented to him. So I am a bit confused as to when a debt is legally "in dispute" Any help would be most welcome !

but the judge dismissed my case, can I appeal to the county court as I dont think the judge understood the law very much on debts in dispute ?

Well I did formal complaints to Lowells and they would not pay the money I paid to them under duress ( as they were calling my phone ten times a day so I agreed a payment plan to get them off my back until I discovered that debts in dispute should not be collected on according to the OFT, then I stopped paying them any more and I changed my phone number) So then I tried county court to reclaim what I had paid Lowells, but the judge dismissed my case today and he was not interested in the OFT guide on debt collection so now I will report Lowell to the OFT for breaking the guidelines, hope they can help me.

Hope someone can help you soon.