Hello again Ron 2015, Well it seems to me that the DCA is playing with you (Very underhanded indeed), and it's a good thing that you never sent any money in response to their offer of Full and Final Settlement because they would of taken the payment fron you and then they would of denied all knowledge of it. Under no circumstances should you make any telephone contact with them, keep every communication in writing only, state to the DCA that their offer of Full and Final Settlement with you giving you one day to make the payment, is extremely unfair and unreasonable, the offer of agreeing to a Full and Final Settlement should be valid for at least a 28 day period, which would give you and your relative enough time to make the necessary arrangement of sending in the settlement payment. I hope this will help your situation, inform the original creditor that you are in a position to make a settlement payment to the account with the great help from your relative and explain to the original creditor that the DCA is being most unreasonable, you should also state that you are not ignoring your debt to them as your relative is making a great effort to help pay off as much of the debt as possible. Inform both the original creditor and the DCA that if they continue acting with such unreasonable conduct, then the opportunity will be lost to make any settlement payment with them, and should they then take legal action against you (Take you to court) you will be able to show the court the efforts and consideration that were undertaken and given by you and your relative to bring about an amicable conclusion to this matter, whereas, they (The OC & the DCA) WILL ONLY BE ABLE TO SHOW THE COURT THEIR UNFAIR AND UNREASONABLE CONDUCT in relation to giving assistance to you in the time of your financial crises. And if the above should happen, (I truly hope it does not) there would be a very high probability that any court in this England would show no favor to the OC or the DCA because the courts do not appreciate, and take no liking to any attitudes or conduct that is either unfair or unreasonable, and so the court would be more likely than not to write off your debt to them and dismiss their claim. Good luck Ron, I hope everything will work out well for you. The Mould

Hello there Kingslair 38, Fantastic news, I am very happy for you, round one (1) and it's a knockout by Kingslair 38. For round two (2) send a written communication to Lowell portfolio 1 stating that you wish to claim your prize as a result of successfully defending your corner, state to them (Lowell's) that you seek compensation from them (For the unlawful default) of £1,000.00 (One thousand pounds) and if they refuse to undertake the honourable and rightful action of making amends to you for the damage done to you as a direct result of their unlawful action, then I would suggest sending them a formal Letter Before Action (And send it to their Company Secretary). State to Lowell's, in your written letter respectfully and politely requesting a compensation amount from them, that you are seeking compensation from then under PART 11 (2) section thirteen (13) of The Data Protection Act, for their serious contraventions/breeches of PRINCIPLES No 1 AND 2 as stated in SCHEDULE 1 PART 1 of the said act (DPA). Kingslair 38, it's quite possible that Lowell's have contravened some of the other PRINCIPLES of the stated act, however, I need to know precisely how this alledged debt came about. Did your bank (Lloyds) apply unlawful bank charges to your account with them? And then pass or sell your "Debt" to Lowell portfolio 1. Were you defaulted by Lloyds as a result of any unlawful bank charges? I would be very grateful to you if you will kindly provide the full facts of the dreadful matter, this way I may be able to help you obtain a higher compensation amount (I am not making any promisses of course) all I am saying is you might be fully and legally entitled to a higher compensation award. From what you have stated in you post, it seems to me that the default was unlawful from the outset (Lloyds would be responsible for this), but Lowell's are responsible also. I will look out for your reply, and once again HOORAAH! to your great news. I hope this helps you, keep going so that you get what you dutifully afford the right to - JUSTICE. Take Care The Mould.

Hello Kingslair38, If there is no credit agreement between you and Lowells, then its a simple matter of CASE CLOSED, however, obviously you are going to have to write to all those concerned and insist that they up date their records. Lloyds seem to have made an error, when you challenged them with your documentary evidence (Bank statements) they should have responded in a positive way instead of being unfair and unreasonable. Your current account with Lloyds TSB does not equate to a credit agreement with Lowells. If Lowells are going to carry on pursuing you (Harassing you) then they do need to produce the credit agreement, which is going to be an impossible task for Lowells, based on your post. I think you should write to the company secretary of Lloyds aswell as the others (A lot of paper work for you I know). You are in the right, but its going to take some effort I 'm afraid in order to break this circle of unpleasantness. The default should not still be on your credit file, as it was entered in 2003 it should of come off last year.(2009, six years) Well I do hope that everything will work out alright for you, and if you communicate in writing to all of those concerned then there is no reason why things won't work out right for you, keep your spirit up, you will soon have all this nonsense put behind you. The Mould.

Hello again Kingsclair38, Its easy for me to say, but really, don't panic and don't let these so and so's distress you. Firstly, write a formal letter to Equifax and inform them that the default on your credit file is unlawful and if they do not remove it then you will be left with no choice but to take legal action against them under the Data Protection Act, because the personal data that they have recorded on your credit file is severely inaccurate, totally irelevent and completely out of date. Ensure that your letter is firm but polite, and inform Equifax that your communication to them is not a letter before action, but if there is no satisfactory resolve to this matter then you will follow the pre action protocols required by the courts and serve a formal notice of the legal action that you intend to commence if there is no positive response to your respectful and rightful request. Secondly, send a formal "Subject Access Request" to Lowell portfolio 1, send it to the compliance manager, enclose the £10 fee, and then they have forty (40) days in which to comply with your rights of access under the Data Protection Act, if there is a credit agreement between you and lowell then a copy of it will be forwarded to you through your "Subject Access Request". If there is no agreement, then this alledged debt they say you owe will be unenforceable, and if there is no agreement/contract then you can't of possibly defaulted on it! Also if any notice was ever sent to you by lowell's then this will also be included in your request for the information that they have on record for you. Thirdly, write a formal complaint to the company secretary of Lowell, bypass the useless customer services and customer relations departments, state your case to the company secretary and inform him/her that you will allow a time scale of thirty (30) days in order for them to provide you with a written response ( Do not communicate via the telephone, insist that all/any correspondence will only be accepted in writing) that provides a satisfactory conclusion. State to the company secretary that the personal data that they hold about you is held by them unlawfully, and it is out of date and severly inaccurate, and insist that they remove the unlawful default or you will have no choice but to make a claim to the courts in order for this matter to be rectified. I hope this will help you, keep cool and calm and stand your ground, from what you have posted it seems to me that lowell's are in the wrong, if there is a relationship between you and lowell's then lowell's will have to provide you or any court with an indentical copy of the original credit agreement or the original credit agreement (The courts will only accept an original credit agreement). Well good luck, keep up dating and if I can help with any advice then I will. The Mould.

Hello again Ron 2015, I think its great that your relative is able to help you, however, before you send any settlement payment to your creditor ensure that there is an agreement in place (The meeting of the minds). Your relative dose not have to enter into any agreement with your creditor, but you do have to make sure that you have your creditors agreement of sending in the payment for consideration to be given as to whether or not they accept it in "Full and Final Settlement" of your account. A cheque sent in settlement of any acount is nearly always from a third party, communication is the key if you want to avoid sending in the settlement payment only for it to be "Mindlessly Banked" by your creditor. Any creditor who banks a third party cheque sent in as a "Full and Final Settlement" wil be bound by the terms the said cheque was tendered by. Even if the creditor provides a swift "Rejection" either before or after the paying in and clearance of the cheque (Third party cheque) then the creditor will be precluded from pursuing the debtor for the remaining balance, the creditor will have no legal right of ownership of the balance. If I can give you some advice (Hope you don't mind), you should send a letter to your creditor that fully corresponds with their settlement offer, TITLE your letter - REFERENCE: FULL AND FINAL SETTLEMENT OFFER. Suggest an amount lower than the £5,000.00 that your relative has raised or saved, and ask them (Creditor) if they can accept this amount in order to settle and close the account, and that the balance would be zero and no further amount or monies would be owed. Your creditor should them write back with a communication that fully corresponds and cross references your letter, and they will either say YES thank you very much indeed please forward the settlement payment to our office within the 28 days and your account will be settled and closed and no futher amount or monies owed. OR Your creditor will write back and say something along the lines of - Dear Mr Nice, Thank you for your letter offering xyz£ as a "Full and Final Settlement Payment" to your account, unfortunately we are unable to accept that amount as a "Full and Final Settlement", however, the amount that we are prepared to accept in order to settle and close your account is £xyz and if you are able to forward this amount to our office within the next 28 days we will accept it as a settlement payment and settle and close your account with us. If you do things this way then I 'm sure you will have something solid in writing from your creditor (An agreement) and then hopefully you will be able to forget about this particular episode in your life, and enjoy your life. Well I hope that this does not cause any confusion, my intentions are good, I am simply trying to help, and I have offered my advice to you based on my very, very dreadful expierience with "Full and Final Settlements". Good Luck Ron, let us know how it turns out. The Mould

Hello Ron 2015, For your attention - The Law (Case Law) in "Full and Final Settlement" -404yrs old (1606). Before you enter into any settlement payment check out the abovementiond case law. Firstly, let me just say that if you prepare a letter of offer of "Full and Final Settlement" to your creditor make sure that you script it concisely, that is to say, do not force the payment on the creditor (Dangle a carrot, so to speak) you must act with consideration. Equally, your creditor must not act deceitfully, also ensure that there is a "Meeting of the minds", the agreement that, at the very least, your creditor will take into consideration the lesser sum and possibly accept the lesser sum in return for discharge of the debt. There are some circumstances when a cheque sent in "Full and final settlement" will discharge a debt if paid in (Banked) by the creditor. 1. The cheque is offered in circumstances where there is a dispute about the amount owed. 2. The offer in "Full and Final Settlement" is made at the time the cheque is presented. 3. The creditor presents the cheque in payment and it is duly honoured. 4. At the time of presenting the cheque or within a short time thereafter the creditor fails to inform the payer that the cheque is not accepted in "Full and Final Settlement.(The rejection) Number four (4) in the above list is critical. (For the creditor) Otherwise, as explaned by the Law Courts, paying in and clearance of the cheque is a clear and unequivocal acceptance, furthermoore, if the creditor banks a cheque from a third party in "Full and Final Settlement" of a sum (Whether or not disputed) owed by the debtor the creditor will have signified acceptance of it as discharge of the debt. I hope this will help you, good luck. The Mould

Hello there, Just read your post, serve a notice against the debt collection company under the Data Protection Act, and inform them to remove the default as it is unlawful and defamatory, tell them they have fourteen (14) days to make the correction on your credit file and if they do not remove it in the stated time scale, then state in your letter that you will make a claim to the courts ( Form N 1 POC) under PART 11 (2) section thirteen (13) of the Data Protection Act for compensation, if you can prove (I''m sure you can) that the default is unlawful (Incorrect) then under the said act you can claim for any credit that you have been unjustly deprived of (Damages) and you can also claim for any distress that this untrue information against your personal data has caused you. If you do have to go this far (Believe me, its worth the fight) to court i mean, you will need to prove the damage if you also want compensation for the distress. (Undoubtedly, a situation such as your one is most definately going to cause distress). I hope this will help you, good luck, and don't let these DCA'S push you around or make you believe that they can do something (Cause you to worry) if you don't give them what they say is their's. The Mould.

Thank you for your response, I have found the ICO and OFT not very helpfull in my case. Many Thanks The Mould.

Hello and good evening to you all, I wonder if anyone can help at all, I have started a thread in the general debt forum and it has been suggested that I should transfer the thread to this forum, can anyone advise me on how to transfer it or do I have to start over again. Thank you The Mould.

Hello again, Does anyone know how I can go about to bring legal action against Sainsbury's. I have an indisputable claim against them for a serious and protracted material breech of the data protection act, the protection from harassment act, the defamation act and breech of contract(Promissory estoppel). My claim is supported in full with overwhelming and indisputable documentary evidence and I have a serious and substantial case for Sainsbury's to answer to. Even their senior personnel have stated in writing that they cannot justify the unlawful course of action that they have taken against my household and me over sixteen and a half consecutive calendar months. They have admitted being responsible but they are refusing to make amends. I do hope someone out there will be able to provide some advice to me, if you are able to, then please accept my gratitude in advance. Thank you The Mould.

Hello to you all, You can also add Blair, Oliver and Scott Ltd, EOS Solutions UK Plc,Iqor Recovery Services Ltd and Incasso LLP to the list and Sainsbury's Bank Plc- (HBOS), not one of the above-mentioned companies complied with any of the debt collection guidelines given by the OFT. The title "guidelines" needs to be changed to The Debt Collection Act, and all of these types of companies need to be brought under the control of the laws of this England. Their behavior is unacceptable, their methods are unlawful, this area needs to become legislation so as to protect those of us who have suffered from being subjected to such unlawful treatment. A clear visible line must be drawn to legally enforce these companies to have procedures in place whereby a distinction can be made between "Bad debtors" and debtors who suffer from genuine, factual and unforseeable circumstances. (In my case, the cursed and critical disease affecting my wife, a disease to which there is no cure and my wife's health rapidly deteriorates). The critical illness of my wife brought about a major financial crisis for us to deal with, we received no assistance from Sainsbury's Bank, they were unhelpfull, unsympathectic, unreasonable, unfair, heavyhanded and deceitful towards us. All of the above-mentioned companies pursued a course of conduct against us which is against legislation, many laws were broken by them and I am having a hard time trying to find an officer of the law (Solicitor) who is willing to stand next to me in court and bring these companies to book, the battle for justice is extremely difficult, and it should not be. Many thanks The Mould.

Hello and good morning to you, I am new to this site and I am posting here to ask if there is anyone out there who could possibly help me. Does anyone have any advice about unlawful defaults or unlawful data disclosure or defamation malicious falsehood(Libel) and any case law ruling as far as judgement and compensation is concerned? Does anyone have any advice about companies who ignore the OFT's debt collection guidelines, and also does anyone have any advice regarding being harassed by FIVE companies for a debt that is not owed against a credit agreement that does not legally exist? I would be very grateful to any of you who might be able to provide some advice on this. Thank you kindly in advance. The Mould.