Lowell have closed my account - Default removed?

[mustard7]

Hi,
I sent a CCA request to Lowell who were chasing an old capital one debt.
They failed to find it and this week I recieved a letter from them saying they were closing the case.
If this is so, legally, can they then keep the 2 defaults they have on my credit file if they have no CCA and have closed the case?
Surely they cannot.. but I havent a clue.

[Zazen.Warrior]

Re: Lowell have closed my account - Default removed?

Lowell are doing this a lot at the moment, probably clearing out accounts which they have no realistic chance of enforcing.

Can you post up the letter with all personal details removed?

[Sapphire]

Re: Lowell have closed my account - Default removed?

I bet its the same letter I got, I've filed it away safetly just incase its rears its head again under another guise.

[mustard7]

Re: Lowell have closed my account - Default removed?

Hi,
I dont have a scanner so unable to post the actual letter.
However, this is what was in it....

"We apologise for the delay in responding to the query that you raised with us. We have been making every attempt to contact the original client to resolve this matter on your behalf.

After reviewing the account and in the light of the timescales it has taken to achieve a satisfactory response, we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without admission of liability are prepared to close the account. We will ensure your credit file will be amended to reflect this outcome, if indeed this is applicable to you.

We trust you will find this satisfactory and that this matter is now closed."

I have checked my credit file and their is no change at all so unsure what the next step is. The letter is dated the 3rd of September so its been almost a month now.
Any ideas?

[Angry Cat]

Re: Lowell have closed my account - Default removed?

[Quote]:
...we are prepared to take a commercial view in relation to this matter and as a gesture of goodwill and strictly without admission of liability are prepared to close the account.[Quote]

Was the letter sent by Lowell Portfolio 1 Limited (the debt buyer) ?

Sounds like they are off loading some of their toxic debts, upon which they can claim tax relief.

[Quote]:
We will ensure your credit file will be amended to reflect this outcome, if indeed this is applicable to you.[Quote]

An intelligent guess; Lowell will probably mark the accounts as settled?

[Sapphire]

Re: Lowell have closed my account - Default removed?

Yep its exactly the same letter that I got a couple of weeks ago, I will check my credit report and see if its been marked settled.

[Angry Cat]

Re: Lowell have closed my account - Default removed?

Yep its exactly the same letter that I got a couple of weeks ago, I will check my credit report and see if its been marked settled.

Will be interesting to learn just how the credit files in question, will be amended?

[shamen]

Re: Lowell have closed my account - Default removed?

If they dont have a CCA, then there is no agreement to process your data. Even if they mark a default as settled, issue a Section 10 notice (though it looks like im going to court to enforce my s10 notice). That will then, unless they can prove there is a contract, mean they must remove the default.

[mustard7]

Re: Lowell have closed my account - Default removed?

Is there anywhere that I can get hold of this s10 notice?
Thanks guys for all the advice fiven so far.

[The Debt Star]

Re: Lowell have closed my account - Default removed?

getting them to actually do it, though, is aanother matter and neither the ICO or FOS are interested

[debtisbad]

Re: Lowell have closed my account - Default removed?

getting them to actually do it, though, is aanother matter and neither the ICO or FOS are interested

I got the same letter as well. lowell's could not produce a CCA and closed the account last year but refused to remove the CRA entry. I included the local MP, ICO amongst many others, but nobody was really that bothered.

You can see the thread under the heading of ICO enforcement.

[The Debt Star]

Re: Lowell have closed my account - Default removed?

I have to say that the issue of the CRAs and the info they hold is the single most frustrating experience I have endured in the whole debt saga. The public have no protection from the indiscriminate use of adverse data made against them and the institutions that are supposedly there to protect us (ICO, FOS etc) do nothing.

[shamen]

Re: Lowell have closed my account - Default removed?

Personally Id wait to see what your report says. If its not updated, then do the section 10. If they dont respond (an i bet they wont, they havent to mine) give them another letter, offering them a further 7 days to comply. If they fail to respond/comply then county court action can force their compliance. The only thing they can rely on in court to continue processing your data is a signed contract (the credit reporting being related to performance of that contract), which it seems they dont have.

[Angry Cat]

Re: Lowell have closed my account - Default removed?

[quote]:
We will ensure your credit file will be amended to reflect this outcome, if indeed this is applicable to you.[quote]

"...if indeed this is applicable to you[Emphasis Added]

The Lowell template letter appears to be, 'one size fits all' in relation to their processing of indivuals subject data under the DPA.

The mass mailing template letter(s) are quite odd...wonder how many were sent out?

[debtisbad]

Re: Lowell have closed my account - Default removed?

The wording using '...if indeed this is applicable to you[Emphasis Added]" gives them an easy get-out to do nothing!

The mass mailing could be a knee jerk reaction, if many people have reported them to one of the enforcement agencies, perhaps?