• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

monument and lowell

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • monument and lowell

    Hi i had a credit card with monument which was then passed onto lowell and it was lowell who defaulted me although the lady said they wouldn't, i have been in touch with lowell and they said they cant do anything else unless something else comes to light. The debt was paid off straight away when they received it. My concern is to get the default removed but they wont budge, but since i received my copy credit agreement off Monument I do believe this is not enforceable missing information that should be on, so there for how can a default go on to something that is not enforceable. Please can anyone advise me as where i should now go to get the legal side checked out of my credit agreeement. Hope someone can help. Thanx:beagle:

  • #2
    Re: monument and lowell

    Hello heartache,
    Welcome to beagles.
    I am going to move your post to the appropriate forum, where hopefully you will get the help you need. When I have moved it I will PM you alink to where it is case you have trouble finding it.
    Enaid x

    Comment


    • #3
      Re: monument and lowell

      Hi Thanks for that sorry i put it in wrong place.

      Comment


      • #4
        Re: monument and lowell

        Originally posted by heartache View Post
        Hi Thanks for that sorry i put it in wrong place.
        It's fine, we encourage people to say hello and give a brief idea of what help they need. Makes it a lot easier than if people just post on the end of someone elses thread, where often it can be missed.
        Once again welcome and I hope you will soon be helped with your problem.
        Enaid x

        Comment


        • #5
          Re: monument and lowell

          Originally posted by heartache View Post
          Hi i had a credit card with monument which was then passed onto lowell and it was lowell who defaulted me although the lady said they wouldn't, i have been in touch with lowell and they said they cant do anything else unless something else comes to light. The debt was paid off straight away when they received it. My concern is to get the default removed but they wont budge, but since i received my copy credit agreement off Monument I do believe this is not enforceable missing information that should be on, so there for how can a default go on to something that is not enforceable. Please can anyone advise me as where i should now go to get the legal side checked out of my credit agreeement. Hope someone can help. Thanx:beagle:
          What do you think is wrong with your agreement?

          Could you post it up minus personal details.

          Can you post up a bit more detail on what happened prior to the default being added.

          Comment


          • #6
            Re: monument and lowell

            Hi i got behind with payments then sorted it out with monument, but then they passed it to lowell, i then sent a letter of complaint to monument saying it was supposed to be sorted, they then replied saying they would get the debt back off lowell as i was mis informed by their :beagle:customer services (who were harrassing me all the time) i told lowell of course they did not believe me and proof was sent, they did not get it. At this time my father in law was dying and so rather than have the added pressure of this i borrowed the money off a relative and paid them off (2007). I even sent proof again when i did a sars on them but they still said they didnt have it, but they got the sars.

            Thanks much appreciated.

            I will have a go but please let me know if the information is too small.
            ------------------------------- merged -------------------------------
            Hi not sure how to upload from computer on to this site, please can someone help me. thanks
            Last edited by heartache; 8th February 2009, 10:02:AM. Reason: Automerged Doublepost

            Comment


            • #7
              Re: monument and lowell

              If you click on Go Advanced at the bottom of the quick reply box. you will see "manage attachments" click on that and you should be able to browse and then upload your documents.
              Enaid x

              Comment


              • #8
                Re: monument and lowell

                Hi hope someone can advise me on this. Thanks again.

                Comment


                • #9
                  Re: monument and lowell

                  Where's the rest of it????

                  Oh, that's right. These application mailers don't have a "rest of it".

                  So let me see if I have this right. You "defaulted" on an account (which it now transpires would have been unenforcable in any case), but you did pay this off. Is that right so far?

                  But despite this, you still have a default recorded on your credit file. Is it marked as satisfied, or is it still just a default?
                  My Blog
                  http://cabotfanclub.wordpress.com

                  Comment


                  • #10
                    Re: monument and lowell

                    Hi it is marked as satisfied but really i feel that it should not be on there, monument took theirs off and lowell put one on, i have been speaking to the complaints man about this default but not mentioned that the agreement may not be enforceable as i was not sure. What do you think i should do now. I also had to take a subprime mortgage out which cost me more. do you think there is anything i can do about this or should i get legal advice. Thanks for your help.
                    Last edited by heartache; 8th February 2009, 13:39:PM.

                    Comment


                    • #11
                      Re: monument and lowell

                      The only real way of dealing with this is to send them a Section 10 notice to tell them that you require them to stop processing your data, which includes their reporting of the default to the Credit Reference Agencies.

                      Most likely that will fail. But once you have exhausted that complaint, you will then be able to raise a complaint with the Information Commisioner's Office. Your argument is diluted somewhat by the fact that you have paid off the account. But as you were under stress at the time, that might be a mitigating argument to use.

                      What you need to do is have a look at the Data Protection Act 1998, and get things firm in your mind as to why they should not be processing your data. In particular, why they are doing so, despite there being no contract, and no agreement from you that allowed the OC to pass your data on in the first place. Have a look at my s10 notice to Cabot for some ideas...

                      Having been in communication with your company since December 2006, I am formally demanding that Cabot Financial (Europe) Limited stops processing and sharing my personal information.

                      Cabot Financial Europe has no right whatsoever to be processing my data by virtue of the fact that:
                      • said data was obtained unlawfully as Barclaycard had no right to sell that data
                      • any processing of said data is contrary to section 10 of the Act which specifies that you must not process data which is unwarranted and is causing unwarranted damage and distress:
                      10. - (1) Subject to subsection (2), an
                      individual is entitled at any time by notice in
                      writing to a data controller to require the data
                      controller at the end of such period as is
                      reasonable in the circumstances to cease, or
                      not to begin, processing, or processing for a
                      specified purpose or in a specified manner,
                      any personal data in respect of which he is the
                      data subject, on the ground that, for specified
                      reasons-
                      (a) the processing of those data or their
                      processing for that purpose or in that
                      manner is causing or is likely to cause
                      substantial damage or substantial
                      distress to him or to another, and
                      (b) that damage or distress is or would
                      be unwarranted.



                      I am aware that you consider that paragraphs 1 to 4 of Schedule 2 of the Act permits you to process my data. However, that assumption is patently erroneous for the following reasons:
                      • I have never consented to the sharing of my data, as is evidenced by the fact that your sole documentation to date, i.e. an application form signed by me, clearly indicates by the omission of an entry in a check box that I refused to allow the sharing of any data. Hence the reason why Barclaycard has unlawfully passed to you any such information.
                      • There IS no contract to which I am party, that requires you to process my information.
                      • You have no legal obligation to process my data.
                      • There is no reason to process my data in order to protect my vital interests.
                      If you consider that any of the above points do allow any processing to take place, you are invited to produce evidence in support. This may include documentary evidence such as a contract, relevant legislation, or case law to show that you are legally obliged to process my data.

                      As you are no doubt aware, you have 21 days to respond to this communication in which you must either agree to stop processing my data, which will include destroying all information held, as well as removal of all information shared with any third party, including any or all credit reference agencies, or write to tell me the reasons why you consider that you should not do so.

                      You will also be aware of the penalties for the unlawful sharing of data, as well as my right to compensation for damages caused by any erroneous or unlawful processing of my personal data.

                      Failure to respond to this communication within the stipulated timescale, or if any response is by way of refusing to stop processing and sharing my data, I shall have no option than to escalate this matter to the Information Commissioners Office. If, after taking this measure, you still refuse to comply with my demand, I shall take the appropriate action through the legal system.
                      You might like to download and have a look at this. It has a couple of paragraphs that might be applicable to you...
                      My Blog
                      http://cabotfanclub.wordpress.com

                      Comment


                      • #12
                        Re: monument and lowell

                        Hi i sent them a letter over four weeks ago to ask them to stop processing my data but have not heard a thing from them, is there anything i can do now please i need help.

                        Comment


                        • #13
                          Re: monument and lowell

                          Originally posted by heartache View Post
                          Hi i sent them a letter over four weeks ago to ask them to stop processing my data but have not heard a thing from them, is there anything i can do now please i need help.
                          If you sent the above letter with this Paragraph at the bottom , then your next step would be a complaint to the ICO.

                          Failure to respond to this communication within the stipulated timescale, or if any response is by way of refusing to stop processing and sharing my data, I shall have no option than to escalate this matter to the Information Commissioners Office. If, after taking this measure, you still refuse to comply with my demand, I shall take the appropriate action through the legal system.

                          Comment


                          • #14
                            Re: monument and lowell

                            i am having problems with monument and have been for a while now. lowells are the people in charge at the moment and they are being a royal pain...
                            my understanding( and it could be wrong) but with no CCA there is no permission to transmit data, and with the account in dispute it shouldnt be passed to a third party anyway?
                            i would also sign up for a free trial on the credit references agency if you havent got an account and see what exactly they have put, then put a query on the account about it being paid then being passed on to lowells when satisfied. cos then the reference agencies look into it... just a thought ..

                            Comment


                            • #15
                              Re: monument and lowell

                              theyre harrassing me by letter. asking constantly for payment. today theyve threatened to take me to court. so i said good ill see you there. not sure what theyll do now

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                              Working...
                              X