Lowell lost in court, still reporting and have added costs to balance

[Bruandy]

Hi all,

Any help from anyone in the know much appreciated.

A couple of years ago Lowell started chasing me, claiming to have assignment of an old credit card account. Despite being asked on numerous occassions, Lowell never demonstrated legal assignment. Lowell pushed the matter despite never providing any documentation showing legal assignment all the way to county court. Their claim was immediately thrown out, 'struck out' I think is the term and the reason given was 'Upon the court not being satisfied on the evidence that the claimant has established it is entitled to enforce any debt'.

Despite the above, Lowell continues to report this account as a default. Furthermore, the balance shown includes its legal and court costs which it added when it took the matter to county court.

My question is, is Lowell entitled to continue to report the account as in 'default' despite showing no evidence of any assignment, and can it really add its court costs to the balance it is reorting as owed when the court made clear it had no evidence of assignment.

Thanks in advance for any help.

[pt2537]

Hi all,

Any help from anyone in the know much appreciated.

A couple of years ago Lowell started chasing me, claiming to have assignment of an old credit card account. Despite being asked on numerous occassions, Lowell never demonstrated legal assignment. Lowell pushed the matter despite never providing any documentation showing legal assignment all the way to county court. Their claim was immediately thrown out, 'struck out' I think is the term and the reason given was 'Upon the court not being satisfied on the evidence that the claimant has established it is entitled to enforce any debt'.

Despite the above, Lowell continues to report this account as a default. Furthermore, the balance shown includes its legal and court costs which it added when it took the matter to county court.

My question is, is Lowell entitled to continue to report the account as in 'default' despite showing no evidence of any assignment, and can it really add its court costs to the balance it is reorting as owed when the court made clear it had no evidence of assignment.

Thanks in advance for any help.

Hi there

If lowells claim was struck out, then there may be an argument to have with them over the reporting of data on your credit file.

Can i ask if you have ever made a request to lowells under s78(1) Consumer Credit Act 1974 for a copy of the agreement? I ask because if they have failed to respond to such a request, then there may be an argument under Grace v Blackhorse to challenge the reporting of data.

With the adding of their costs to the debt, this may well be arguable as being a breach of principal 4 of the Data Protection Act principles as the data being reported is inaccurate and not up to date