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runtothehills

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  1. No, I haven't asked for the details relating to the vehicle and my involvement with it. The first I knew there was a problem was when I spotted the ccj on my credit reference and phoned the courts to ask what it was. I then just followed the 'putting a judgement aside' procedure. I will write to the DVLA for that information. Do you have any idea of the turnaround time for these requests? Thanks...
  2. Hi Rob I had the old style of registration document, I had purchased the car early in 2001 and exchanged it in Oct 2004 for my current car. I handed the main part of my registration document to the dealer. I am taking them to court out of principal but obviously know that that is fine if I have a case to offer the judge. Principal is just not enough in this day and age. Regarding a lack of integrity by the DVLA I would certainly agree with your humble opinion after the conversation that I had with the representative of the DVLA prior to seeing the judge. If I wasn't motivated to do something about this before I certainly was after the patronising way in which I was spoken to by the DVLA representative... sorry I digress. Thanks for your help, it's really appreciated.
  3. Hi, same thing happened to me. I part-exchanged my car in Oct 04 and recieved a fine for non-payment of road tax in Feb 05 when I was not the legal owner of the car. I only found out this year when I did a credit check and found I had a ccj from the DVLA. I put in a defence with the courts and had the ccj put aside by the judge. The DVLA though still expect me to pay the £100 fine (was originally £40) and I am now having to take the DVLA to the small claims court to dispute the fine (again). If I was you I would certainly dispute it with the DVLA if you have any success with them though is another matter. We should question their ability to move the goal posts to suit their own needs and not those who are innocently caught up through no fault of their own. Apparently it's ok for them to not be responsible for tax discs sent via the post but, YOU are responsible if your form is not received via the post?? Double standards. If you do dispute it put it in writing. Good luck.
  4. Hi, I've jst had my ccj set aside by the court after using the N244 form. I'm also now having to take the DVLA to the small claims court because they still expect me to pay the fine (I was not the legal owner of the vehicle in question at the time). I've got my own thread on the DVLA thread if you want to read about my ccj being put aside, as I believe how you word it will be fundamental to your success. Good luck.
  5. Hi, Help please. I checked my credit reference early this year and found a ccj on it. After checking with the courts I found that the DVLA put it on for unpaid road tax in Feb 2005. I had exchanged my car in Sept 04 so I knew I was not liable and the DVLA sent the fines to an old address, even though I had updated my details with the DVLA. I consequently put in a request for the judgement to be put aside and gave the evidence of the exchange of vehicle and my DVLA up-dated details. I am pleased to say that the judgement was ordered to be set aside. But, the solicitor representing the DVLA stated that I would still have to pay the £100 fine because I did not personally post the registration document ( I had signed and passed the registration document to the dealer as they were passing the car on to a third party). I disputed the fine to the judge in the basis that the DVLA did not oppose my request to put the judgement to one side but still want me to pay a fine on behalf of someone who was illegally driving a car. The judge recommended I take my dispute to the small claims court and have ordered my original application to stand as a defence. Can the DVLA legitimatley expect to make an innocent person pay a fine on behalf of an offender? And, how can they justify the cost of a solicitor to two hearings as well as the preperation work in order to unethically recieve £100?? Why aren't the DVLA being held to account for NOT pursuing real offenders rather than an easy option? Can anyone help with previous known cases for me to quote or any law that will bring their case into disrepute infront of a judge? My case is being held in August so I need to prepare a.s.ap. to get it in on time. Thanks...
  6. Hi Kennyparkroad I've had my default removed only because the ICO intervened on my behalf. Lowell do not seem capable of working with disputed claims or formal complaints and only appear to act upon the instructions of their governing organisations not the client (for want of a better phrase). If no joy with Experian write to the ICO, I found them to be efficient. Good luck.
  7. Hi I had the same problem with Lowell, they had put an incorrect default on my credit reference. Lowell did not have the courtesy to reply to my dispute or formal complaint within the given time restraints. With the great help from this great action group I wrote and complained to the credit reference agency and to Trading Standards and to the Information Commissioner's Office and despite no response from Lowell the problem was resolved via the other organisations. So, after putting in your request with Lowell I would write to Trading Standards and ask them to act on your behalf. Two reasons, one it's more likely your problem would be sorted out correctly and two, Trading Standards should be kept aware of the practices of credit agencies in order revoke licences or reprimand those that do not comply. Good luck.
  8. Hi stonesurfer I had the same problem with Lowell with an old Barclaycard account that I had settled in 2004. I did all the legal letter stuff requesting a SAR and putting in a formal complaint in to Lowell for the way in which they handled my dispute and for putting a default on my account which was legally incorrect information. I had no joy with them and wrote to Information Commissioner's Office explaining my dispute and asked them to look into the matter. Of which they did and acknowledged that Lowell was recording inaccurate information about me in contravention of the fourth data protection principle which requires data to be accurate and up to date. However as they have now amended the error ICO state there is no further action for them to take. Which I find infurating, but if you write to the ICO at least your default would be rectified accordingly on your records. And, you never know if enough complaints go in about Lowell the light bulb may just come on and there would be further investigation on the practices and procedures that Lowell follow with sensitive data. I also wrote to Experian and they are also investigating the information Lowell supplied to them. I'm also in the process of writing to the financial ombudsman as I believe new legislation states that after a certain amount of complaints there will be penalties applied to debt agencies who constantly flaunt the law. Hope this helps a little.
  9. Hi Kennyparkroad Apologies for jumping in but great news about your letter from Lowell. I've been in dispute with them since last Nov and no joy. Have you managed to get the default removed? I've been trying for a couple of months and have now left it with the Information Commissioner's Office and Trading Standards but I'm going to put a complaint in with the Financial Ombudsman as well as I want these organisations to realise how unprofessional Lowell are.
  10. Hi, Looking for a bit of advice on what to do next. I bought my husband a camera stabilising bag from thedoghouse.co.uk for Christmas, but it wasn't suitable for his camera. The item was received without any paperwork invoice/returns slip. I emailed their customer services three times asking for a returns slip but they did not respond. I eventually got through via the phone and was advised to just return with a letter confirming details. I sent the item back via recorded delivery and it was signed for on the 22nd of January. I did a chase up phone call after a week just to see if it was being processed to be told it hadn't even been booked as a return into the system. I now can't even get in touch via any means and have left countless messages on their answer machine. I even left a message via the feedback system on their site - to no avail. I sent a recorded letter which was signed for on the 12th of Feb reminding them of the expected refund and asking for a response within 7 days of the letter being sent and I still haven't had any joy. Can anyone please suggest the next stage? Thanks
  11. I had the same letter from Lowell claiming they had bought my account from Barclaycard in Nov 2006. I knew I did not owe Barclaycard any money and pursued Barclaycard. Apparently, mine and other accounts were mistakingly sold to Lowell and other debt collecting agencies. Barclaycard are now chasing Lowell to return the documentation back to Barclaycard and to stop harrassing me. Lowell do not take a blind bit of notice to the letters you send to them. I would just send the letter stating you don't acknowledge the debt and ignore any of their (and you will get them) letters/phone calls pressurising you to make a payment. Get in touch with Barclaycard 0151 549 7621 and check to see if your account is one of the ones they sold by mistake. Get them to sort out their mess!
  12. No, I appreciate your not being funny BUT neither is it funny being pursued for a debt you do not owe! I had an arrangement in 1999 with all my creditors at that time straight after my (now ex) husband walked out on the children and I but kindly left all his debts behind. Being the wife I was liable for a lot of his debts. I did not hide or shirk my responsability. I made financial arrangements, got two jobs brought up the children and even managed to pay the mortgage up to date, even when my husband would not sign the divorce papers and went bankrupt a couple of years after the separation I was responsible (so I was told) for his debts. Just because I was married to him... This resulted in the sale of the house (lovely, no home) and me paying off his bankruptcy. My last outstanding payment was finished in Feb 2004 to Barclaycard as per agreement. So, in answer to your thoughtless message. NOT everyone owes what is being claimed they owe and have to fight because these people are unscrupolous. You must have missed the bit where I stated Barclaycard admitted fault and should not have sold the account in the first place, oh, and the bit where despite stating they have put the account into abeyance until documentation (which I never received) can be forwarded to me, they still manage to hound and put a default on with a credit reference agency without even serving a default notice in the first place! 'Situations' are not always of your own making...
  13. This link may be of use to you: TMF: An end to harrassment? / Dealing with Debt Regards
  14. Hi Dodgy I also received a demand from Lowell in Nov 06 on a debt I knew I didn't owe. This was also an old Barclaycard that I finished paying in 2004. I requested evidence from Lowell in Dec (which I still haven't received) and they wrote to say they will put my account into abeyance until they get my documentation. These are a very unprofessional group and still hound me with letters even though I disputed the claim. They have even put a default on my credit reoprt stating that I have made no attempt to pay. In the meantime Barclaycard have been pursuing them asking for my account back and not to harrass me (to no avail). My advice to you is to stick to letter form and keep copies of everything they send and you send to them (you might just need them). They have an obligation when you requested the CCA to supply you with the details of the debt, a signed true copy of an agreement that exists and a statement of account. They have 12 working days in which to comply. If not they have started to break the many rules that they will keep on breaking. On April 6th legislation is changing for the debt collectors, new regulations are designed to hit these companies where it hurts if they don't change their behaviour. A company will be allowed two free investigations a year but every subsequent complaint in that year will cost the company £400 per complaint whether or not they're in the right or wrong. Therefore it would be worth complaining to the Financial Ombudsman. Because, the more of us that do it the more bad organisations like Lowell will be hit where it hurts - in the pocket and then eventually licence! Good luck.
  15. Thanks everyone for your comments. I'm going to do some serious research because I want to get this right. I want to do this in a way that they have to take notice and it will be taken seriously by governing bodies. Unfortunatley I'm not a legal wizz so I'm chasing up the info you've given me to attack this situation in a way that will give the best result in addressing Lowell's credibility and hopefully licence. I do believe new legislation is coming in on April 6th where the new regulations are designed to hit these companies where it hurts if they don't change their behaviour. A company will be allowed two free investigations a year but every subsequent complaint in that year will cost the company £400 per complaint whether or not they're in the right or wrong. It would be great if people forward their complaints to the FO and put this new legislation to the test to let the FO be aware that this is happening on a larger scale than they realise or admit to, and, subsequently hit the unprofessional organisations like Lowell in the pocket.
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