An old sorted issue has raised it's ugly head

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

Reply from the CEO Barry Tootell having emailed him and Lowells last night with copies of docs.

Thank you for your email with regard to a letter you have received from Lowell Portfolio.

I can assure you that I treat all customer concerns very seriously and that I have referred the matter to my specialist Customer Relations team to investigate and ensure you receive a suitable response on my behalf.

Regards

Barry

Barry Tootell
Chief Executive

The Co-operative Banking Group
4th Floor, Miller Street
Manchester M60 0AL

I await their response

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

Reply from Jennifer Taylor
Executive Relations Co-ordinator, Customer Relations

Thank you for your correspondence of 22 January 2013, addressed to Barry
Tootell, Chief Executive, regarding, I am sorry to learnt of your
dissatisfaction.

Arrangements have been made for a full investigation to be undertaken by
our Executive Relations Team, the outcome of which will be sent to you in
writing.

The member of the team responsible for investigating your complaint will be
in contact during the next three working days, and will provide you with
their direct contact details, should you wish to contact them further
regarding your complaint.

Please regard this as our formal acknowledgment of your complaint received
on 22 January 2013, you can also find enclosed for your information details
of our complaints handling procedures, including the timescales within
which we are required, under the rules of the Financial Services Authority,
to answer your complaint.

We endeavour to resolve our complaints in a timely manner, but please be
aware that sometimes, our investigations may take longer if the case is
more complex. We will keep you informed of the progress of our enquiries
and will send you a final response within 8 weeks. Please accept my
apologies for any inconveniences caused.

(See attached file: Our commitment to handling complaints.edoc.doc)

Yours sincerely

Jennifer Taylor
Executive Relations Co-ordinator, Customer Relations

Group Customer Operations
The Co-operative Banking Group
4th Floor, Miller Street
Manchester M60 0AL
co-operativebank.co.uk

[SaltnVinegar]

Re: An old sorted issue has raised it's ugly head

Reply from Jennifer Taylor
Executive Relations Co-ordinator, Customer Relations

Thank you for your correspondence of 22 January 2013, addressed to Barry
Tootell, Chief Executive, regarding, I am sorry to learnt of your
dissatisfaction.

Arrangements have been made for a full investigation to be undertaken by
our Executive Relations Team, the outcome of which will be sent to you in
writing.

The member of the team responsible for investigating your complaint will be
in contact during the next three working days, and will provide you with
their direct contact details, should you wish to contact them further
regarding your complaint.

Please regard this as our formal acknowledgment of your complaint received
on 22 January 2013, you can also find enclosed for your information details
of our complaints handling procedures, including the timescales within
which we are required, under the rules of the Financial Services Authority,
to answer your complaint.

We endeavour to resolve our complaints in a timely manner, but please be
aware that sometimes, our investigations may take longer if the case is
more complex. We will keep you informed of the progress of our enquiries
and will send you a final response within 8 weeks. Please accept my
apologies for any inconveniences caused.

(See attached file: Our commitment to handling complaints.edoc.doc)

Yours sincerely

Jennifer Taylor
Executive Relations Co-ordinator, Customer Relations

Group Customer Operations
The Co-operative Banking Group
4th Floor, Miller Street
Manchester M60 0AL
co-operativebank.co.uk

Excellent - good start PF.

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

I was keen to get the ball rolling on this as soon as possible so used the CEO Email address thankfully he replied straight away this morning and passed it on to the relevant dept.

As you say a good start so lets hope it continues like that because that is not the experience I have had in the past.

Regards

[SaltnVinegar]

Re: An old sorted issue has raised it's ugly head

I was keen to get the ball rolling on this as soon as possible so used the CEO Email address thankfully he replied straight away this morning and passed it on to the relevant dept.

As you say a good start so lets hope it continues like that because that is not the experience I have had in the past.

Regards

Well you have the CEO's eye on it, and if its been escalated down from on high then hopefully it will get slightly more attention than a normal complaint..............

Best
SnV

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

Yes SnV that is what I am hoping, I sent the same email to lowells what a shame they did not reply with at least an acknowledgement in the same timely manner, to much to ask I guess lol

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

Right an Update

Lowells have dropped this like a shot and say they have returned it to OC

There email:

5th February 2013

Our Reference :

Original Creditor : Co-operative Bank

Dear Mr and Mrs

Thank you for your email dated 1st February 2013 and for taking the time to contact us. I am sorry that you felt the need to do so. I have enclosed a copy of our internal complaints procedure for your information.

Your complaint

Your complaint to the Lowell Group is that you believe you are being harassed As a result, you are passing all details of your complaint to the Financial Services Authority and Financial Ombudsman Service.

Details of my investigation

I am sorry if my colleagues have been unable to locate this account with the information available to them at the time.

I have been unable to locate any communication from you which highlights your ongoing heath issues since it was mentioned in your letter to the Co-operative Bank dated 6th December 2010.

I apologise for any distress caused by our emails or if you have felt harassed by our collections activity. This was certainly not our intention and I can confirm that all of our procedures comply with the regulations and codes of practice, which are laid down by the Credit Services Association. Our operations are also monitored by the Office of Fair Trading.

Prior to receiving your email we were asked by the Co-operative Bank to return the account back to them as they have dealt with an associated complaint.

Complaint resolution

It is worth noting that the accounts we purchase from our clients are done so in good faith.

As the Co-operative Bank have asked for the account to be returned to them, you will receive no further collections activity from us and the default on your credit files in our name will be removed.

I am sorry for any inconvenience this may have caused you and I hope that this response concludes the matter to your satisfaction.

I believe I have fully answered your complaint; however, if you would like to discuss things further please do not hesitate to contact me on 0800 5420058 and ask for extension 7020. If I do not hear from you in the next couple of weeks, I will consider the matter closed, but this does not prevent you from coming back to me after this time.



The Financial Ombudsman Service (FOS) provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have a right to use this service for up to six months from the date of this letter. For more information please visit the Financial Ombudsman’s website using the following hyperlink: your complaint and the ombudsman - our consumer leaflet. Naturally, I hope that you will not feel the need to do so.

Should you require a paper copy of this leaflet, please let me know and I will arrange to send one to you.


Yours Sincerely


John Broadbent
Customer Relations Officer

Enterprise House

Tel : 0800 542 0058
Ext : 7020
Email : John.broadbent@lowellgroup.co.uk
Web : Lowell Group - Welcome to Lowell Financial, how can we help you today?


Now I am not sure what the score is as regards to entering a default before they have even found out if the money are owed, however I do not trust them so have asked for a copy of the entry they made and it's correction via post.

My Email

Dear John Broadbent,

You state that you are sorry that I felt the need to complain to you, Wrong choice of words because given the facts it was not a need but a must.

Given the circumstances of this complaint I will not accept your word that the default on my credit file has been removed and thus need a copy of that entry as proof that is the case.

Providing you can supply this that will be the end of the matter with you and lowell portfolio 1 although the complaint continues with the Co-op Bank and it is they I will be seeking compensation due to the fact they should never have sold it in the first place as the agreement between me and them back in 2010 was on the understanding that this would be written off as a condition of paying the loan in full and the current account less the charges. The charges is what this non debt amounts too.

I look forward to a copy of the credit file entry asap via post and no more than 14 days.

So providing they supply to me a copy of the default entry the matter is over with them but continues with the OC for which email now stops and a letter is being prepared tonight.

There is a section in the OFT Collection guidance about trying to collect on debts that are previously settled.

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

OFT Debt Collection Guidance

failing to confirm,

failing to make the debtor fully aware
of the status of the debt

where:

formally and unequivocally, that an offer to
settle a debt, accompanied by the relevant payment, has been
accepted as full and final settlement of that debt (when this is
the case)

a. the debtor has offered a settlement payment lower than
the total amount owing and/or

b. the creditor decides to no longer pursue the debt, and
informs the debtor that this is the case

failing to ensure that an accurate and adequate history of the
debt is passed between parties, as appropriate and necessary

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

My letter to Co-op Bank

Kate Slack
Executive Relations Consultant
Customer Relations
The Co-operative Banking Group
4th Floor
Miller Street
Manchester
M60 0AL

COMPLAINT No

Dear Kate Slack,

I have been emailing you regarding a complaint under the above reference number; however I now formally put this complaint in writing.

Lowell Portfolio has been in contact with me to inform that they have returned the non-debt to you and that they have removed the default they entered on my CRA file, however I am not happy with that as I do not trust debt collection companies so I have instructed that the entry they have made MUST be forwarded to me via post as proof that this is the case and on receiving that mail my complaint with then ends.

However this complaint does not end with you and given the gravity of this complaint a complaint maybe be forwarded to the Financial Ombudsman Service and/or The Financial Services Authority.

May I remind you of your obligations under the Office of Fair Trading Debt Collection Guidance which states:

failing to confirm,

failing to make the debtor fully aware
of the status of the debt

where:

formally and unequivocally, that an offer to
settle a debt, accompanied by the relevant payment, has been
accepted as full and final settlement of that debt (when this is
the case)

a. the debtor has offered a settlement payment lower than
the total amount owing and/or

b. the creditor decides to no longer pursue the debt, and
informs the debtor that this is the case

failing to ensure that an accurate and adequate history of the
debt is passed between parties, as appropriate and necessary


So not only have you failed to pass on the full history of this non-debt to Lowell Portfolio and made them aware of my medical history of which a letter was sent to you from my GP, you also failed by giving them a debt that never was in the first place because as my letters of year 2010 state an agreed full and final settlement was reached between myself and The Co-operative Bank to yours and my satisfaction.

The very fact that you accepted my proposal to clear all monies owing and then waiting over a further two years before starting your harassment again and selling it off to a third party without any contact with me simply is disgusting behaviour that I will not accept.

This is not I would perceive as being ethical as you so like to shout across my TV screen.

Remedy

I now state again as I did in my settlement letter to you dated 6th December 2010 that my CRA File MUST be marked as settled in full, and I receive from you a letter with a copy of this entry that you will make along with an apology for your catalogue of errors going back to the middle of 2008.

I also expect a payment as compensation for the stress and suffering you have caused to me and my family that reflects the gravity and length of this complaint.

Providing that is received that will be the end of this complaint and no further action will be taken if you do not a complaint to the FOS will be made.

You have a further 6 weeks to resolve this to my satisfaction.

Yours Sincerely

[SaltnVinegar]

Re: An old sorted issue has raised it's ugly head

Lowells have dropped this like a shot and say they have returned it to OC

And so they should!

I can confirm that all of our procedures comply with the regulations and codes of practice, which are laid down by the Credit Services Association. Our operations are also monitored by the Office of Fair Trading.

Theres weasel words for you. The CSA 'regulations' and 'codes of practice' are not the same as the OFT but a watered down version.

Although they are 'monitored' by the OFT the guidelines are not the same although this is implied by the statement above. Even their complaints department are not above twisting things it would seem

As the Co-operative Bank have asked for the account to be returned to them, you will receive no further collections activity from us and the default on your credit files in our name will be removed.

This is scandalous. Lowells should have been checking whether a default had already been issued by the Co-Op, or whether the debt was even legitimate before recording defaults with the CRA's

If possible I think you should go for the jugular here if they have added a default marker, irrespective of whether they have removed it or not. Some form of compensation is in order surely?

I would consider a complaint to the FOS, OFT and ICO once you have a response back from the Co-Op as this is disgusting behaviour even for Lowlife.

[CleverClogs (RIP)]

Re: An old sorted issue has raised it's ugly head

Dear Kate Slack,

Nominative predetermination?

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

Seems they do not want to supply me with a copy of the cra entry either last lowlifes reply below:

Dear Mr and Mrs Carter



Thank you for your further email dated 5th February 2013. I have noted your request to supply you with a copy of your credit files in order to satisfy your requirements that this matter has been closed.



Regrettably, it will be necessary for you to contact the credit reference agencies directly to obtain this information using the details listed below

Experian

0845 454 4044

Landmark House

Experian Way

NG2 Business Park

Nottingham, NG80 1ZZ

Financial connections questionnaire | Experian UK







Equifax Credit File Advice Centre

0845 603 3000

P.O. Box 1140

Bradford

BD1 5US

https://www.econsumer.equifax.co.uk/...ssociation.pdf



Callcredit Limited

0870 060 1414

One Park Lane

Leeds

West Yorkshire

LS3 1EP

http://www.callcredit.co.uk/files/Di...orm%20v2.0.pdf

[CleverClogs (RIP)]

Re: An old sorted issue has raised it's ugly head

Remind the Leeds Loonies that unhelpfulness will be remembered in compensation claims and, when appropriate, in costs.

[SaltnVinegar]

Re: An old sorted issue has raised it's ugly head

PF

Not sure if you have seen this previously but gives you an idea Lowells have been sued before!

www.e-sue.co.uk/docs/lowell_judgment.pdf

Best

SnV

[pompeyfaith]

Re: An old sorted issue has raised it's ugly head

Thanks SnV ill have a read now