Shamen vs Lowell

[shamen]

Righto, it is 'on like donkey kong', as they say..

http://www.legalbeagles.info/forums/...ad.php?t=23707 has worked for every bad record except lowells who are sticking to their guns as of today's response from one of the CRA's.

A prove it is going off special delivery tomorrow and a SAR is as well.

[shamen]

Re: Shamen vs Lowell

This look OK? They havent contacted me but they are logging defaults against me. They havent made any attempt to speak to me and definitely know where I am because they have been searching my name every month with the CRA's. I dont know any account numbers. Should I also send a SAR along with this request at the same time?

Also, is this request OK to send as it requests CCA for two accounts? Or should I send one CCA req per account?

Lowell Portfolio I Ltd, Lowell Financial Ltd, PO Box 172, Leeds, LS11 9WS Dear Sir/Madam


I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

You are reporting two 'default' notices against my name with three separate credit reference agencies – Callcredit, Experian and Equifax. I have disputed this information with the credit reference agencies who have been informed by you that these entries are accurate, therefore I am approaching you to resolve this matter.


I request that you send me a true copy of the credit agreements for both accounts:


Company name: LOWELL PORTFOLIO I LTD
Account type: Loan
Startedx/xx/20xx
Default Balance: £xxx
Current Balance: £xxx
Defaulted On: xx/xx/20xx


and


Company name: LOWELL PORTFOLIO I LTD
Account type: Loan
Started: xx/xx/20xx
Default Balance: £xxx
Current Balance: £xxx
Defaulted On: xx/xx/20xx

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of the relevant credit agreements on request.

Your obligation also extends to providing me with a statement of account. I enclose two £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act (£1 per account). This payment is purely for the purposes of the statutory fee under the consumer credit act and should not be used as a payment towards any alleged debt. If you require only £1 to provide the requested data about both accounts, please return one of the £1 postal orders to me without using it as payment towards any alleged debt.
I understand that a true copy of my credit agreement should be supplied within 12 working days from the date of this letter. I will not accept a reconstituted, unsigned or blank credit agreement as proof that I am liable for this debt and insist a true copy is supplied.


I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. I also understand that the sharing of my personal data without my express consent is expressly forbidden by the Data Protection Act.

Also, since your website implies that you are a debt collection agency, I would also ask that you supply a signed true copy of the executed deed of assignment for both of the accounts that you are listing on my credit report. This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974 so I will not accept a response that I must pursue this with the original creditor as a valid response to this request.


For clarity on this request, I draw your attention to Consumer Credit Act 1974 s.175:
“Where under this Act a person is deemed to receive a notice or payment as agent of the creditor or owner under the regulated agreement, he shall be deemed to be under a contractual duty to the creditor or owner to transmit the notice, or remit the payment, to him forthwith.”

In summary, I DO NOT ACKNOWLEDGE THE DEBTS YOU ARE REGISTERING AGAINST MY NAME AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original signed executed credit agreement for both accounts
2. FULL Statement of account for both accounts (A partial statement is not acceptable)
3. Copy of the executed deed of assignment from the original creditor and Lowells Portfolio/Group
4. A fair processing notice.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested as I do not believe these debts are mine. Therefore, these accounts should be considered as 'in dispute' and should not be transferred to any other debt collection agency or legal firm until the matters are resolved between us.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls, SMS messages, emails, personal visits or any other form of contact will not be accepted and viewed as harassment.

I would appreciate your due diligence in this matter and look forward to receiving the requested information within the statutory time limit.

Yours faithfully


-- computer handwritten font signature--

[shamen]

Re: Shamen vs Lowell

hmm, ive been having second thoughts about this bit

Therefore, these accounts should be considered as 'in dispute' and should not be transferred to any other debt collection agency or legal firm until the matters are resolved between us.

could this be construed as acknowledgement of debt, even though its disputing it?

[Angry Cat]

Re: Shamen vs Lowell

Shamen, why contact them, if they have not contacted you?

[shamen]

Re: Shamen vs Lowell

Mortgage time basically, and these two marks are holding me back. Life was very different for me as a younger man and I really haven't a clue about what I took out and when - lets just say my memory isn't very good because of my lifestyle choices at the time. Life has changed considerably since I was posted to work in the states.

Firstly I want to know if these debts are even mine. I've had fraud on my name while i was overseas from early 2005-2009, which most (assuming these two are fraud too) has been cleaned off my report - see some of my earlier threads. If they are not mine then I would like the defaults moved away from my name.

Currently, even with a 20% deposit the mortgage companies are turning me away. I even went to london and country who have found a couple of lenders, but lets just say that their names should be 'b*ggerit, bodgit & leggit' based on their rates and terms.

I could sit and do nothing until mid next year when I know for 100% sure that any possible debt is statute barred, but it doesnt help the families situation for the immediate future. Even if these debts turn out to be truly mine, I can at least pay them with the hope of a full and final offer on condition of removing the DN's. Worst case scenario, these are proven as mine and I have to pay them money and wait till the defaults fall off end of next year, which if I do not contact them will be exactly the same in terms of my credit report anyway. Best case scenario they are not mine and the DN's are gone sooner.

So my logic being - pursue them, make them prove it and see where things go from there.

[shamen]

Re: Shamen vs Lowell

Quick follow up . Ive held off on talking to Lowells for the time being, never sent the letter above. Ive sent a SAR to the one institution that this debt could possibly be and will see what that produces before following up with Lowells.

[Curlyben]

Re: Shamen vs Lowell

Should Lowells write again throw a simple Prove It at them and see what happens

[shamen]

Re: Shamen vs Lowell

They haven't even written to me, just reporting two defaults on my file Would a prove it work in those circumstances or would i need to do the full CCA req or SAR? I would think prove it should work, in a kind of 'WTF are you doing' kind of way?

[Curlyben]

Re: Shamen vs Lowell

Send them an edited Prove It in that case.
No need for anything else as yet, save the fees for later on

[shamen]

Re: Shamen vs Lowell

Ive got a little concerned about this. Lowells were searching my credit file on a monthly basis since 2004. When my new address was added, they abruptly stopped searching my file. Nothing since.

Could they be sneaky and try to take me to court at my old address, or would the fact they had searched my file since it had my new address on mean anything in defense? It would be sneaky of them to try to get a CCJ against me at my old address.

Im going to fire off a prove it while I wait for my barclays SAR.
------------------------------- merged -------------------------------
Additional: Just noticed that Lowells stopped logging defaults against my name as of July too (when my new address when live on my file).

Wonder if they have passed it off?

[Angry Cat]

Re: Shamen vs Lowell

When you request a copy of your credit file(s) from the credit reference agencies, do you request information that relates to your current address or, both current address and previous.

The CRA's won't provide information relating to both, unless you ask.

[shamen]

Re: Shamen vs Lowell

Both addresses. In fact, all addresses going back to 1997. The defaults are logged against the old address. I disputed the lowels entries via the CRA's and they came back as being a debt from creditor X. Creditor X also had two defaults for the same account on there so I disputed all four.

The CRA's removed the ones from creditor X but not from lowells as lowells said not to, but creditor X said 'yep, remove'

However, after that lowells stopped processing the defaults and searching my credit file (eg the 'D' entries stop being put on as of July). Im wondering if the debts were not purchased by lowells after all and were just being agents for creditor X. Either way, Lowells got this today

Dear Sir/Madam

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

DATA PROTECTION ACT SECTION 10 NOTICE

It has been brought to my attention that you are logging two 'default' notices against my name with the three major credit reference agencies and I believe this information to be incorrect. The agencies are reporting that you have logged these defaults against an address I lived in many years ago; XYZ, TOWN, PO57 CDE.

I would point out that I have no knowledge of any such debt being owed to Lowell Portfolio I.

I am familiar with the Data Protection Act which stipulates that data may only be shared with the consent of the Data Subject, and then only accurate and up to date data may be shared. This is hereby notice under Section 10 of the Data Protection Act that I require you to immediately cease processing and sharing my Personal Data.

I await your written confirmation that you have conformed to this request and that all Personal Data pertaining to myself has been destroyed and ceased from being shared.

Further to the above, please ensure that any contact by yourselves is made in writing only to the address listed at the header of this letter. Telephone calls and personal visits will not be accepted and viewed as harassment.

I would appreciate your due diligence in this matter. I look forward to hearing from you in writing.

So lets see if they adhere. My gut says they dont have the debt any more and its either not mine in the first place, or been written off by Creditor X or its been sold to someone else who just havent started searching me yet. Its all very weird because this all happened the month lowells could have found me again (they had no address for me up until then when it went on my file - and they did 2 searches after that address update). Im wondering if my dispute via Creditor X (where they told the CRA to remove default notices) has had a knock on effect to Lowells - but then why would they tell the CRA dispute people 'No' to removal...

sigh, round and round we go.

[Angry Cat]

Re: Shamen vs Lowell

In order for Lowell to process your data, they must be the data controller for the account;
they must be the creditor.

There can only be one data controller;
the original lender or;
the assignee.

When a debt is sold, the lender will no longer be the data controller.

[shamen]

Re: Shamen vs Lowell

So lowells must 'own' the debt to do the defaults. Well once I have my Creditor X SAR back I can get more info on it and then take on Lowells. Lets see what they do with this cease processing notice

[shamen]

Re: Shamen vs Lowell

Lowells have ignored my DPA section 10 notice (sent recorded delivery, signed for). Anyone got a template letter for following up an ignored S10 notice?