Removing Default from Lowell Portfolio

[Carlosdecorator]

So Lowell issued court papers and refused to issue CPR and other requests I sent. Cutting long story short they missed court deadlines and the case was struck out. They not applied for relief either as yet.

So the fact I'm disputing the debt as not mine (possible fraud?) how can I ask them to remove the default from my credit file? I'd like some info on the correct way to ask that they have to follow because of laws etc? I've already raised it with Experian who are sending a message to Lowell.

[MIKE770]

Re: Removing Default from Lowell Portfolio

hang on is the alledged debt yours that they referred to or are trying to say that as they have not produced necessary papers for a court case that the debt never existed/you had? if you had an account which they cannot produce the CCA1974 etc does not exempt you from CRA records of the alledged debt as the CRA records must state the factual debt etc and no way will it be removed until the 5 or 6 year period when it will drop off CRA file, otherwise most of us on here would have a CRA file near blank -it does not happen only if false information posted on CRA file.?? afraid!


you state possible fraud??????? have you a fraud case number (reported)? if so then things may change the situation?

[MIKE770]

Re: Removing Default from Lowell Portfolio

maybe a lot more information given here will enlighten us as to the situation?

[Carlosdecorator]

Re: Removing Default from Lowell Portfolio

I believe the debt not to be mine. I've reported it to the CRA as fraud last week. I can't report it to the police as I don't know what I'm reporting as Lowell haven't sent me any credit agreements or info on the debt even though I've sent requests for the credit agreement and also the documents they were going to rely on in court. The only credit agreement I got was someone elses (which I through away straight away).

[MIKE770]

Re: Removing Default from Lowell Portfolio

you had a N1 court form that is evidence - traceable who do Lowell state was the originator i.e. capital one etc ???????????????never throw away somebody elses CCA1974 as need to send to regulators who will slap lowells or whoever send somebody elses, also that would have been in your defence as sent not yours>?

[Carlosdecorator]

Re: Removing Default from Lowell Portfolio

Nope. They took me to small claims court but they couldn't submit their directions questionnaire in time, they was warned and then it was thrown out. I believe that when this debt was being ran up, I was actually serving time at HMP on remand.

[MIKE770]

Re: Removing Default from Lowell Portfolio

did you have a credit card account or not loan?? we are trying to ascertain the facts of the case ? to enable to help you in a positive way!

[Carlosdecorator]

Re: Removing Default from Lowell Portfolio

did you have a credit card account or not loan?? we are trying to ascertain the facts of the case ? to enable to help you in a positive way!

I've not had anything but it's from capital one and a credit card. That's what they stated in their defence

[charitynjw]

Re: Removing Default from Lowell Portfolio

You could submit a written section 10 Data Protection Act Notice.
https://ico.org.uk/for-organisations...e-or-distress/

[MIKE770]

Re: Removing Default from Lowell Portfolio

Any objection to processing must be based on a causal link between the processing of personal data and the damage or distress caused to the individual – the processing must have caused the damage or distress.
Example
A bank files a default with a credit reference agency because Customer A has failed to repay a personal loan. Due to an administrative error, the default is filed against Customer B, who has a similar name to Customer A but has no liability in respect of the personal loan. If the record of the default causes Customer B to be refused credit when he would otherwise have been granted credit, the bank’s incorrect processing of his personal data has clearly caused damage.


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Factors to check	Points to note
Is the objection to processing in writing?	An objection is valid only if it is in writing. Like subject access requests, “in writing” includes information sent by fax or email. Once you receive a written objection, you have 21 calendar days to respond to the individual who sent it.
Does the objection set out how the processing is causing damage or distress?	It is difficult to decide whether to comply with an objection to processing if the notice is unclear. You may wish to ask the individual who sent it to clarify what they think is the problem that processing their personal data has caused. Remember that the damage or distress caused has to be “substantial” before you are obliged to comply.
Is the damage or distress unwarranted?	If you feel that any damage or distress caused to the individual is warranted, you do not have to comply with the objection. You should be prepared to explain why you think this is the case.
Which conditions for processing can you rely on to legitimise the processing?	If you can rely on any of the first four conditions listed in Schedule 2 to the Act, the individual has no right to prevent the processing in question, and you do not have to comply with an objection. You must still send a response.

You must respond within 21 days of receiving the objection to processing. Your response must state what you intend to do and, if you do not intend to comply with the objection in some way, give reasons for your decision. Your record of the decisions you made about the factors listed above will help you compose your response.
What happens if I do not comply with an objection to processing?

If you decide that an objection to processing is not justified and you do not comply with it, the individual can apply to the court. The court can decide whether the objection is justified and, if necessary, order you to take steps to comply.