Diskmandave-vs-Lowell Finacial (CapOne)***WON***

[diskmandave]

Will post correspondence from TS after Easter!

 

Happy Easter everyone!

[Robdblynd]

Looking forward to seeing that.

 

Happy Easter, Dave & everyone on CAG.

 

Tricia.

[ICO]

Will post correspondence from TS after Easter!

 

Happy Easter everyone!

 

Hi Diskmandae !!!

 

Hope you easter was good !!!

 

Any news on this TS letter ?????

 

Your keeping me sane and laughing through my battle with Lowells/Hamptons . . . for that I thank you !!! :D

[KJD]

Will post correspondence from TS after Easter!

 

Ah, he's back....

[diskmandave]

OK I SAY!!!

 

Not that much to report, but... I've had another... errrmmm... PostIt note from Tameside Council Trading Standards!

 

Saying once again that they're, "about to write to Lowell Financial"!

 

Don't know what it is about Tameside BC-TS's, but they only seem capable of writing to PPL with hand written notes on WITH COMPLIMENTS SLIPS!!!

 

I'm off work next Thur & Fri... Might just queue up outside Room 129 in the Council Offices and see what Pat Hampton has to say for his or her self!

 

Dave.

[diskmandave]

Ah, he's back....

 

Have I been missed...........?!! (LOL!)

[ICO]

Have I been missed...........?!! (LOL!)

 

Most definately

[diskmandave]

 

And now for the letter from Trading Standards this morning!

 

 

Absolutely a victory for all of us! I'm so happy right now I can't describe it!!

 

Regards, Dave.

[KJD]

:D FANTASTIC :D

(Is that a Vimto I hear being cracked open in the background?!)

[kennyparkroad]

congrats dave you deserve it

 

now dont be a stranger!

[ODC]

Well done Dave. I am heading down the same road with Lowell/Hamptons but am giving them some more rope yet withwhich to hang themselves. Your thread is an inspiration to us all.

[diskmandave]

The Vodka & Vimto will be in abundance & extra chilled tonight

 

Thanks for your support everyone

 

Dave.

[kennyparkroad]

mmmm vodka and vimto, ok dave youve just told me that i need to go to the pub tonight, or go buy some from the supermarket and take it home!

 

how bad of you!

[Robdblynd]

CONGRATULATIONS

Brilliant news, I'm so pleased for you.

 

It was a hard slog but the way you fought back is inspiring the rest of us to stick at it with these people. :)

[ICO]

CONGRATULATIONS SUPERCOOL DISKMANDAVE !!!!

 

:lol: :lol:

 

WILL BE CRACKING OPEN THE VODKA TO CELEBRATE TONIGHT WITH YOU !!!!

[ODC]

Thanks to Dave there will be many other victories against these DCAs

[diskmandave]

Thanks for the support everyone.

 

I've a bit more to add to this now, earlier I was on my way down to Ashton town centre and my moby rang, it showed annonny and I immediately assumed it was robbingscum weigh (LOL!), anyway I put my "I hate you" head on and answered, and low(ell) and behold it was the nice team leader from Trading Standards (quick change of heads!), asked if I was happy with the outcome, thanked her profusely (and I genuinely do not do profusely very often!), and said I was more unhappy that Lowell had banged me with defaults, so she said she'ld pop the appropriate leaflet in the post to me, not being one to miss an oppotunity I told her that I was 200 yards away from the Council offices and asked if she minded if I come in and collect it myself, would save her a bit of time and the postage, she agreed. Got to the Council offices in less than a minute and was told to take a seat as I was expected (WOW!).

 

Anyway she came down with my folder (8 security guards were carrying it! LOL! Yes joking!), huge folder nontheless, went through most of the papers and the final letter from Lowell's and I joked to her that TSB/BLS were next, that they admitted they had no CCA, and that they committed the offence, at which point she jumped in and corrected me. Apparently, if they admit straight off that there's no CCA they don't default and don't commit an offence, they just can't enforce it in court.

 

So one more fight with Lowell Financial to remove the defaults and we're done!

 

I reckon everyon should click my scales! (LOL!)

[dannyboy660]

 

Anyway she came down with my folder (8 security guards were carrying it! LOL! Yes joking!), huge folder nontheless, went through most of the papers and the final letter from Lowell's and I joked to her that TSB/BLS were next, that they admitted they had no CCA, and that they committed the offence, at which point she jumped in and corrected me. Apparently, if they admit straight off that there's no CCA they don't default and don't commit an offence, they just can't enforce it in court.

 

Firstly Dave, congrats on beating the evil that is Lowlife Financial.

 

I'm particularly interested on the comment you've made here as it adds a little weight to a disturbing theory I have about CCA requests and is being discussed on the Deed of Assignment thread. Once they admit they don't have the CCA they are in the clear, as you've just confirmed. But what if it turns up at a later date and resold to another purchaser along with CCA/DOA??

 

I'm going to make this point on the other thread, and unless you have any strong objections....can I quote you on this little section???

 

Cheers.

[diskmandave]

I'm going to make this point on the other thread, and unless you have any strong objections....can I quote you on this little section???

 

Quote away to your hearts content!

 

She (Patricia Hampson - Team Leader) was quite adamant about it, to quote her exact words, "they don't default/offence by not providing the agreement, they default/offence by not acting upon the request in the time laid down by the Act". Hence, if they admit to no CCA, they've acted on the request and no default/offence takes place.

 

I'm going to scan up the large leaflet she gave me later as well, as there's some useful template letters & where to get copies of it too.

 

Regards, Dave.

[dannyboy660]

Thanks.

 

You've actually done quite a big service by confirming that.

 

All the best.

[ODC]

Thanks for the support everyone.

 

the final letter from Lowell's and I joked to her that TSB/BLS were next, that they admitted they had no CCA, and that they committed the offence, at which point she jumped in and corrected me. Apparently, if they admit straight off that there's no CCA they don't default and don't commit an offence, they just can't enforce it in court.

 

 

I reckon everyon should click my scales! (LOL!)

Sounds like a good idea to put to the DCAs Dear Mr Robinson

 

Why dont you just admit you have no CCA and then I cannot report you in thirty days for a criminal offence after you default on my 12 day CCA request.

 

LOL

 

 

ps it wont let me click the scales Dave Iv given you too much praise

[Belaflat]

Well done DMD.

Stuffed em good.

 

To anyone else having problems with this most esteemed organization, found this on another site which stands testament to thier credibility.

 

Summary of CCJ's/Scottish Decrees

 

There are 1 exact unsatisfied CCJs totalling GBP 550 in the last 72 months

Details of most recent CCJ's/Scottish Decrees

 

08/2006, a Judgment of GBP 550 was made in NORTHAMPTON court (Case No. 6QZ51029 ) against LOWELL FINANCIAL LTD of THE LOWELL GROUP,ENTERPRISE HOUSE,1 APEX VIEW,LEEDS,LS11 9BH

 

The Office of Fair Trading: making markets work well for consumers

 

Seems they dont like paying themselves either.

[diskmandave]

I think the Baillifs & doorstep collectors need sending in on this one!!!

 

We can't have anyone welching on a judgement can we...?!

 

;-) 8-)

[Vampyra]

Quote away to your hearts content!

 

She (Patricia Hampson - Team Leader) was quite adamant about it, to quote her exact words, "they don't default/offence by not providing the agreement, they default/offence by not acting upon the request in the time laid down by the Act". Hence, if they admit to no CCA, they've acted on the request and no default/offence takes place.

 

I'm going to scan up the large leaflet she gave me later as well, as there's some useful template letters & where to get copies of it too.

 

Regards, Dave.

 

 

First of all BIG Congratulations Dave!

 

Secondly, this thing about admitting the CCA doesn't exist. What if they put in writing it does exist and then later can't find it? Interesting twist.

 

Maybe we shouldn't be too hasty with posting this information for all to see - debt collectors are among us you know and it'll only be a matter of time before they have all the tricks up their sleeves!

[diskmandave]

First of all BIG Congratulations Dave!

Thanks!

 

Secondly, this thing about admitting the CCA doesn't exist. What if they put in writing it does exist and then later can't find it? Interesting twist.

 

Maybe we shouldn't be too hasty with posting this information for all to see - debt collectors are among us you know and it'll only be a matter of time before they have all the tricks up their sleeves!

 

If they went down the route of saying a CCA didn't exist and then issued a claim complete with the CCA they'll have committed an act of concealment and it should be pretty easy to have them seen as a vexatious litigant, imho.

 

I for one would much prefer a DCA or original creditor admitting straight off that there's no agreement as I feel it gives much more negotiating power. If they say there's no agreement, hit 'em straight away with the threat of TS's.

 

And, yes, my head hurts this morning!

 

Regards, Dave.