Lowell have closed my account - Default removed?

[Angry Cat]

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!

Lowell Portfolio 1 Limited, will not be able to process data in relation to the accounts, if they no longer own them;
there can only be one data controller.
Therefore, Lowell cannot, as you say, do nothing.

As stated prior, the ambiguous wording of the template letter(s), appears somewhat odd...

Lowell Portfolio 1 Limited, have probably sold the 'Lemons' on to another DCA firm that lives lower down in the sludge/slime at the bottom of the cesspit?

[Sapphire]

Re: Lowell have closed my account - Default removed?

It could be that they've got a few CCJ's registered against them and have a few possibles in the pipeline.

Registered: 4 = £9938

Possibles: 3 = £5363

Ok so the CCJ's don't exactly add up to much, but they are black marks on the business. They also have 2 outstanding mortgages on the business, and liabilities of £115,338,000 and assets of £153,279,000.

All figures up to date on 31/8/09, can't wait to see this years accounts.

[mustard7]

Re: Lowell have closed my account - Default removed?

So if I do issue an S10 notice, and they do not respond. What would be the next route to take?
Would it be worthwhile getting the credit reference agencies involved? If I told them the situation, would they not then legally have to remove any data from my file?
With no CCA and no paperwork isnt it illegal for them to report negative information?

[debtisbad]

Re: Lowell have closed my account - Default removed?

Beleen there, tried that. They can still make entries on your CRA file,

They did so with me and Experian told me they would not change any entries without Lowell's permission.

I also reported it to the ICO.

The whole thing is a closed shop.

[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]

Advice to whoever the above applies:

Allow, at least 90 days from the date of receipt the template letter ( as shown above) then;
make limited SAR requests to all three CRA's: (the statutory fee of same is £2, to each CRA)
Experian;
Equifax and;
CallCredit.

If, upon receipt of your three CRA credit files, you are not satisfied the the information contained in same or;
you believe that the processed information is incorrect, unjustified/unwarranted or, excessive;
you have 28 days in which to make your complaint to the CRA(s) concerned.
Upon receipt, of your valid complaint, the CRA concerned should mark against the entry: Account Information 'Under Query'.

The Credit Reference Agencies, are data controllers in their own right. Therefore, they have a duty/obligation to ensure the data they process is valid, correct, justified and not excessive.
------------------------------- merged -------------------------------

So if I do issue an S10 notice, and they do not respond. What would be the next route to take?
Would it be worthwhile getting the credit reference agencies involved? If I told them the situation, would they not then legally have to remove any data from my file?
With no CCA and no paperwork isnt it illegal for them to report negative information?

Re: Section 10 of the DPA:
http://www.ico.gov.uk/upload/documen...l_guidance.pdf

One has to able to prove:
Damage & Distress!

The following link, may be of benefit:
http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

[mustard7]

Re: Lowell have closed my account - Default removed?

Well I have sent the S10 notices and also conteacted the CRA's and informed them of the situation.
I will sit and wait to see what happens next.
Surely this cannot be a 'closed shop' as stated above?
I would imagine its a case of just banging on at them until something is finally done?

[debtisbad]

Re: Lowell have closed my account - Default removed?

The reason I used the phrase "closed shop" was that was I felt I was up against after nearly two years. OK, I didn't have to pay back the money, but i was trying to clear my CRA file. The ICO took almost a year to the day to respond, although i had to go through their complaints procedure to get there. They would not back me up against Lowell's. Anyway, the default removed after 6 years which is in 2011.

[Angry Cat]

Re: Lowell have closed my account - Default removed?

Please see, 'Unresolved Disputes'
points 42-45:
http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

[mustard7]

Re: Lowell have closed my account - Default removed?

I still have 3 years to run on these defaults so I think it is definately worth pursuing.
Maybe I will find the same as you debtisbad, and that I get nowhere after a long period of time.
Interesting to read the link that 'Angry Cat' supplied... particularly the section that states,

"If the dispute has not been before a court, is the lender prepared to test their claim by seeking a CCJ or decree against the customer? If not, why not?"

My guess would be that in nearly every case the answer would be 'no' simply due to the lack of CCA and paperwork in general

[Angry Cat]

Re: Lowell have closed my account - Default removed?

Information processed must be meaningful in relation to an individuals creditworthiness.

If, there is a valid dispute about mis-sold PPI for example, the information that is being processed, would not only be meaningless in relation to an individuals creditworthiness, it would also be incorrect.

It will be most interesting to learn just how Lowell intend to amend the credit files concerned.

[The Debt Star]

Re: Lowell have closed my account - Default removed?

They won't.

[Angry Cat]

Re: Lowell have closed my account - Default removed?

http://www.ico.gov.uk/for_organisati...rinciples.aspx

[mustard7]

Re: Lowell have closed my account - Default removed?

How about this for a result! (or is it just half a result?)

Got an email today from Equifax saying there was a change to my credit file. So I go check....
And yes, 1 of the Lowell defaults has vanished!

There was no way that they had recieved the S10 by today so they must have removed it by themselves.

But what I dont understand is why they have only removed one of the defaults. The other remains still there in bright red on my credit file.

[debtisbad]

Re: Lowell have closed my account - Default removed?

After Lowell's closed the account but still registered the default, I claimed back 940 pounds PPI miselling insurance on the account from Abbey. Again, not without involving the FOS, which took several months. Abbey even originally not only refused a refund, but also told me that the account was too old to include the FOS.

However, the PPI refund came after I contacted the ICO to complain about the default on my CRA file.

End result, the ICO concluded that even though there was no CCA, the debt existed, albeit unenforceable, and so it was apparently OK for Lowell's to show the default. I had to wait for almost a year for the ICO to do this and eventually even went through their complaints procedure to get the answer.

After that, like everyone else, I received the Lowell's identically worded letter a few days ago, where they say, "We will ensure your credit file will be amended to reflect this outcome, if indeed this is applicable to you."

Any views on when the files are likely to be updated, if at all?

[Angry Cat]

Re: Lowell have closed my account - Default removed?

How about this for a result! (or is it just half a result?)

Got an email today from Equifax saying there was a change to my credit file. So I go check....
And yes, 1 of the Lowell defaults has vanished!

There was no way that they had recieved the S10 by today so they must have removed it by themselves.

But what I dont understand is why they have only removed one of the defaults.

If, the default information has been removed totally. Lowell, have probably sold the alleged debt on.
When a debt is sold, the data controller of same will change.

Keep an eye on your Equifax file!