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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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My friend rang me yesterday, after sending of for a cca for a cap one credit card,and their usual reply of no cca but current terms and conditions nonsense,he replied with the account in dispute letter about a week ago,

Yesterday he recieved a letter from Lowells offering him the chance to participate in a unique solution to buy back his own account,

They say its simple, he places a bid and if hes succesfull the account is his and he will no longer receive debt collection letters and any pending legal action will be stopped,:)

 

Funniest letter ive seen all week, my friend isnt going to pay a penny anyway , but ive told him he should bid on it just for a laugh, and bid 1p for his own unenforcable account;-)

 

Are these letters common?also note they ask for his signature on the seperate buy back bid form, oh am i suspicious in thinking thats a crafty little way of getting your signature:)

 

Heres the letter,

 

scan0020.jpg?t=1229286792

Edited by mak71
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Monty, as far as i am aware the account is still with cap one,the cca request definately went off to cap one and was returned by cap one as i have seen it, so havnt a clue how Lowells have it so quick,the account in dispute letter only went off about a week ago,

Is this a new desperate tactic by cap one?

i know i never got this letter when i placed my account in dispute,they replied to me saying they deem the account enforcable and will defend it all the way;-)

Maybe i should send in a bid for mine as well, maybe 2p cause the balance is almost twice as much as my friends;-)

Edited by mak71
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I dont know where the £40 a month comes from, the account balance is just over £500,

Will the oft or fob take this seriously,seems to be like the dca"s get away with murder with no fear of the authorities,

is Lowells a dca? how have they got this account so quick if it only went into dispute with cap one last week?

 

My friend is more than happy to do whatever needs to be done, and is more than happy for me to forward an unblanked version to a member of the cag site team if required if its of any use to any of them.

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Remember, your bid has to reach their Reserve Price!!!!!!

 

So that's probably 20% off the debt then!

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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From their website-presumably a mission statement ?

 

title_bp_main.gif

 

 

Lowell Group maintains the highest standards of professionalism to both protect our clients' reputations and to establish ongoing and long term client relationships.title_bp_s1.gif

 

 

We are committed to taking a fair, sensitive and ethical approach to debt recovery. We comply fully with Government guidelines and industry trade and regulatory bodies. We are also:

  • A founding member of the Debt Buyers and
    Sellers Group
  • Regulated by the Credit Services Association,
    the Debt Buyers and Sellers Group and the Data Protection Authority
  • Members of the Consumer Credit Trade Association and the Civil Courts Users Association
  • Committed to complying with the Banking Code of Conduct

Ethical approach ?

Better practices ? I would say "Questionable practices"

 

The 2008 unfair consumer terms regs for starters.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Where do they get £40 per month from

 

If the debt is 500, then as a rough calculation 40 quid is what they need to recover to be in profit. If they can CONvince you to set up a DD, not only are you putting them in profit after just one payment, you are accepting their right to collect a debt which you will have accepted and admitted - and Court action will almost certainly follow to recover the rest. They may not need to produce a CCA once you start paying, so this is worth reporting as it is possibly unlawful.

 

It's just another dirty trick.

 

This is beginning to look like sheer desperation. Are Lowells feeling the squeeze???

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I must be very jaded as this does not surprise me in the least!...Just saddens me that they are using another despicable tactic to force someone to pay up on a allegedly unenforceable debt!

 

Absolute Arxeholes!:mad:

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Its just a twist on their existing discount letter. Afterall you wouldn't offer the full amount would you, you would try and come in at the lowest figure possible to buy it back.

 

Ignore it. (but do send copies to OFT etc) They will send a couple more similar pieces of rubbish before closing the account anyway :rolleyes:

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Just saddens me that they are using another despicable tactic to force someone to pay up on a allegedly unenforceable debt!

 

What you have to bear in mind here, is that although this tactic seems a bit laughable when they don't have a CCA'74 agreement, under CCA'06 someone responding to a letter of this type could very easily be trapped into accepting/admitting liability for a debt they do not even owe!!!

 

CCA'06 may not require production of a properly executed agreement - they merely have to satisfy the court that the debt is owed and they have the right person.

Being threatened in the usual manner and then receiving a letter of this nature, people may be tempted to cough up 50 quid or so in the belief it will get rid of Lowell once and for all, whether or not they actually owe the debt.

By doing that, you open the door for a CCJ etc for the full amount - and Lowell are just the type of lowlife s--ts to lead people into such a despicable trap..........

 

This something that I suspect has been overlooked in the 'reform' of the rules. It needs to be brought out in the open asap, because it obviously hasn't taken long for the parasitic element to find a way around it.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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What you have to bear in mind here, is that although this tactic seems a bit laughable when they don't have a CCA'74 agreement, under CCA'06 someone responding to a letter of this type could very easily be trapped into accepting/admitting liability for a debt they do not even owe!!!

 

CCA'06 may not require production of a properly executed agreement - they merely have to satisfy the court that the debt is owed and they have the right person.

Being threatened in the usual manner and then receiving a letter of this nature, people may be tempted to cough up 50 quid or so in the belief it will get rid of Lowell once and for all, whether or not they actually owe the debt.

By doing that, you open the door for a CCJ etc for the full amount - and Lowell are just the type of lowlife s--ts to lead people into such a despicable trap..........

 

This something that I suspect has been overlooked in the 'reform' of the rules. It needs to be brought out in the open asap, because it obviously hasn't taken long for the parasitic element to find a way around it.

 

Dannyboy, very good point, if the account was a few years old, ie pre 2006, does any admission of the debt at all make it easier for companies to take you to court,ie can they make an unenforcable agreement enforcable cause youve at some point in the last few years say agreed a lower repayment or rang them to discuss the account or any aspect of it ,or does it only apply to more recent agreements where they dont have to produce the original for a judge to deem it enforcable.

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Dannyboy, very good point, if the account was a few years old, ie pre 2006, does any admission of the debt at all make it easier for companies to take you to court,ie can they make an unenforcable agreement enforcable cause youve at some point in the last few years say agreed a lower repayment or rang them to discuss the account or any aspect of it ,or does it only apply to more recent agreements where they dont have to produce the original for a judge to deem it enforcable.

 

 

I've always believed under CCA'74 no agreement = no debt, but CCA'06 puts a slightly different spin on things.

CCA'06 can't be applied if you signed under '74, but it is something people need to be aware of now that DCA's and purchasers in particular will be looking for new tactics to pin a debt on someone.

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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I've always believed under CCA'74 no agreement = no debt, but CCA'06 puts a slightly different spin on things.

CCA'06 can't be applied if you signed under '74, but it is something people need to be aware of now that DCA's and purchasers in particular will be looking for new tactics to pin a debt on someone.

 

OK so that doesn't apply then if you had your "alleged" debt before the 06 rules came into force?

 

You got me slightly worried with what you said before (all mine come under the 74 regs, none acknowledged!)

When you've had all the help you need, make sure you stick around to help others too!

Just think, if everyone left the site after they'd got their help, there might not be anyone left the next time YOU come back needing more assistance!!!!!!!

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I had to laugh at that letter from Lowells. :D

 

I'd bid £0-00 and mention that the CCA is unenforceable as the reasoning behind my offer.

 

Damn, why won't DCA's play these games with me? All I get is boring theats of legal action unless I pay the full amount within 7 days. Then 700 days pass and still no fun from them.

 

Ever get the feeling you're missing out. lol :D

These are video links to show how I deal with Debt Collectors.

 

Fly fishing for C.A.R.S

http://uk.youtube.com/watch?v=zPtzK8FqE6k&feature=related

 

Frederickson International don't accept my card type

http://uk.youtube.com/watch?v=eiZBULlWW6Q&feature=related

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Just a quick note lol, the little black box above "Buy back your account" looks like a QR code or more likely a Data matrix code, they could use this to find out who the letter was to originally, if that matters.

 

Thanks jessica,i wondered what that box was for,

what does data matrix mean?

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