Proof of identity

[warwick65]

Re: Proof of identity

Just out of interest

Could you have maybe lost your card at some point and had a new one with a new number

However even having said that, as Di has said, when you send a CCA request off it should come back with the original account number not the current one.

I am only thinking because I lost my debit card the other week and the new one had a different number on it, bit of a pain but there you go

[icrina53]

Re: Proof of identity

Just out of interest

Could you have maybe lost your card at some point and had a new one with a new number

However even having said that, as Di has said, when you send a CCA request off it should come back with the original account number not the current one.

I am only thinking because I lost my debit card the other week and the new one had a different number on it, bit of a pain but there you go

The card number is the same , the account number has been chaanged twice during a 2 year period

[icrina53]

Re: Proof of identity

Does this mean that Lowells have not produced any Ts & Cs with the agreement?

This is where you need to be careful.

Don't shoot yourself in the foot by producing a bona fide credit agreement (with all the Ts & Cs from your SAR) to prove that Lowells haven't. The DJ could say "thank you very much for disclosing the real deal which proves the Claimant's case for them".

This is in the Small Claims Track where the Defendant doesn't have to disclose all documents in their possession. So don't if they'll harm your case.

You'll need to be selective about what you disclose while at the same time picking holes in what they have produced.

No one said it was going to be easy

Any sign of a Default Notice from Lowells and any reference to one in your SAR (in the Transaction Log)?

Di

The Default was issued in 2013 for the account number 2079 , the problem is this account was changed into 3457 in 2011. The default should not be for account 3456 I'm thinking?

[MIKE770]

Re: Proof of identity

if you are referring to the last 4 digits across the centre of the card, = when a replacement card issued the last for numbers change also - security movement???? account number stays the same.

[icrina53]

Re: Proof of identity

if you are referring to the last 4 digits across the centre of the card, = when a replacement card issued the last for numbers change also - security movement???? account number stays the same.

No, the full 16 card number digits has been the same for the whole 4 years. The first two years the account number was 2079 and then changed into 3456 , but the card number has always be the same .

[icrina53]

Re: Proof of identity

You would indeed hope that an OC would provide proper documents but I've seen Vanquis provide a 3rd parties app form with just the name address over written but without the correct account number this was a couple of years back so they might have smartened up a bit now.

nem

Good morning everyone,

I thought I'll let everyone know that yesterday for the second time Lowell's claim has been dismissed by the Court. They have been informed that it will be fatal to them to even try to reissue the claim a third time so I suppose it is fair o say it is all over.
We had the preliminary hearing back in March , I was left a bit disappointed that the judge did not deemed the second attempt as abuse of process at the time and had no big expectations this time but yesterday the judge absolutely smashed Lowell's to pieces. I did not say a word during the hour and a half and the only time the judge addressed me was when he asked if I want to claim any expenses.
I am waiting for the decision to arrive in the post and will rite to Lowell to request to remove the entry from my credit report, do you think they are legally required to do that ?or they can refuse? I will send a copy of the order to the credit agencies as well.

Thank you all for your advice and time!

[MIKE770]

Re: Proof of identity

if an entry on CRA file is actual situation regardless of a case result it stays as a true account of the situation between you and original lender only change would be the owners name of account and entry of default date stays the same

[icrina53]

Re: Proof of identity

if an entry on CRA file is actual situation regardless of a case result it stays as a true account of the situation between you and original lender only change would be the owners name of account and entry of default date stays the same

Ok, I understand that, the problem is that there was no account between me and the original creditor that's why Lowell lost the case a second time . The entry is from Lowells and not Vanquis, I never had an entry from Vanquis on my report

[charitynjw]

Re: Proof of identity

Well done, icrina!

Could you give us a bit more info as to why it was thrown out......any info could be advantageous.
Re the CRA entry, I would think that if the court has decided that no debt is owed, it would be a contravention of Data Protection principles to continue recording it.
Send Lowells a s10 Data Protection Act notice & demand that they cease & desist!

[icrina53]

Re: Proof of identity

Well done, icrina!

Could you give us a bit more info as to why it was thrown out......any info could be advantageous.
Re the CRA entry, I would think that if the court has decided that no debt is owed, it would be a contravention of Data Protection principles to continue recording it.
Send Lowells a s10 Data Protection Act notice & demand that they cease & desist!

It was all a massive mess as the judge said.
I had an account with Vanquis that I paid and closed back in 2010, they mark it as satisfied on my credit and it dropped after 6 years
Lowell produced an application form that was done on the same day at the same time as my existing one but with a different card number-A. They produced a list of transaction that started a year after the so called account A was opened, but on the list the account number was different B, then a year or so later the same account number was changed to a different one-C. A default notice was issued for account number B but since two years prior it was changed into C , the account was non existent which made the default invalid.
Also it was big mess as the application they produced and the particulars of claim were for account -A , all the other papers did not mention account A but B , and B was non existent as it was changed into C about a year after the so called application.
The judge gave Lowell two options : either change the particulars of claim -which will be impossible as it will have to modify paperwork-illegal, or if not, the judge will make a decision in my favour as the account that they based the claim on was non existent. After Lowells solicitors asked for permission on taking instructions from their office they came back and asked the judge to make a decision based on the available evidence and that was that .

Bottom line is I never applied for that account, and the paperwork that was produced by Lowells had one card number and three different account numbers.

[icrina53]

Re: Proof of identity

Quick question: Who do I contact with regards to removing the entry on my credit report? as I received a letter from Lowell the other day saying that my account is being managed by Lucas Credit Services . It is to Lowell or Lucas?

[charitynjw]

Re: Proof of identity

If it were me I'd contact both the creditor (Lowell) and the relevant CRA(s).
I would also quote Grace v Black Horse .