Lowell - AGAIN!

[Ruby]

I have just checked my credit file today and Lowell have added a default in their name which happens to be a defaulted account I had with Aqua!

Firstly I have been chasing Aqua for late payment/over limit charges which pretty much wipe out the balance completely.

Secondly it looks on my file that I have two defaults for the same amount but two different companies!

THIRDLY Experian say in their blog that companies cannot access my credit file without my permission - certainly no permission was granted by me for Lowell to search my file.

Fourthly companies need to issue a default notice first and give 28 days notice before defaulting an account.

Most of the above you guys will be aware of, but I'm sure you can tell I am absolutely fizzzing with Lowell.

I have just spoken to Experian and asked them to report this as fraud as I have no financial association with Lowell, no financial agreement with them and most certainly have NEVER given them permission to search my credit file.:yell:

Two days ago I did receive a letter from Lowell to say that the Aqua account has been passed onto them for collection and now demand payment (HA!) but that is it.

I would really appreciate your thoughts on this matter. This is really making me angry especially since I do not really owe Aqua anything let alone Lowell.

I have read previous blog with regard to Aqua digging their heels in with regard to repayment of charges, but I refuse to give up and they have another week to go before I pass this to the FOS with copies of correspondence to Aqua, FSA and OFT.

[Ruby]

Re: Lowell - AGAIN!

Nobody has responded to my rant :confused2: Can anyone give me any advice on the best way to get Aqua to refund late payment/over limited charges? Has anyone had any success that that they could share with me/LB?

[shamen]

Re: Lowell - AGAIN!

Just dropped by for read up and spotted this thread. May have some useful input here.

Firstly I have been chasing Aqua for late payment/over limit charges which pretty much wipe out the balance completely.

Good luck with that. Aqua tend not to refund things like that as that is where they make a lot of money, so im led to believe. Unless they were specifically the fault of aqua (for example, applying a payment late, even though it was delivered to their account on time) then its not likely any charges get refunded.

Secondly it looks on my file that I have two defaults for the same amount but two different companies!

This isnt allowed. Lowells must have taken over the account via assignment to register a default (as they become the 'data controller' under the Data Protection Act). There can also only ever be one default for one given account. Ive experienced this in the past from the same people, I had a default from the original creditor and one from lowells - the original credit removed it when they were notified, but lowells didnt untill it was actually proven the entire account was fraud.

THIRDLY Experian say in their blog that companies cannot access my credit file without my permission - certainly no permission was granted by me for Lowell to search my file.

In my experience, if a debt is assigned from a company to a DCA, the DCA can search your file, just as they can share your personal data (eg the default) with the CRA's

Fourthly companies need to issue a default notice first and give 28 days notice before defaulting an account.

This is correct, and they should send notice of assignment too (assuming the account has been assigned, which given lowells applied a default, im pretty sure it must have been). If you havent had a default notice, do a subject access request to both Aqua and Lowells and find out if they have a copy of this supposed notice. if not, then they have no right to register the default as you had no oppertunity to remedy.

How did the thing go with getting charges back from Aqua?

[bluebottle]

Re: Lowell - AGAIN!

Might I suggest you report both Lowells and Aqua to the OFT Credit Fitness Team? Both Aqua and Lowells hold credit licences under the CCA and I have already advised other LB members to report Lowells for this sort of thing. You need to send an email to enquiries@oft.gsi.gov.uk and insert CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint.

For Lowells, you need to quote the following information in your complaint -

Company Name: Lowell Financial
Credit Licence No.: 0528607

For Aqua, you need to quote the following information in your complaint -

Company Name: Aqua (SAV Credit Ltd)
Credit Licence No.: 510571

[Ruby]

Re: Lowell - AGAIN!

The account is now with the FOS albeit I am not holding my breath. I am of the the stronge belief that FOS are a complete waste of space!! Thanks to Bluebottle for input too.

Incidentally Aqua have now updated my credit file as 'satisfied'. So the default is still there but just noted as satisfied.

[shamen]

Re: Lowell - AGAIN!

The account is now with the FOS albeit I am not holding my breath. I am of the the stronge belief that FOS are a complete waste of space!! Thanks to Bluebottle for input too

.

the FOS are, in my opinion, a damp squib. We took a case with next directory to them. Next applied a default to an account which was in dispute for fraud, without sending a default notice. The sar confirmed there was no default notice and that Nexts's own account notes clearly showed "account closed as its fraudulent". Next decided to re-opened the account, without even checking with my wife, when the fradulent user asked for more goods as, in their own written words "we didnt expect it to be fraud again and thought it was you". they cannot provide any proof of delivery and insist that the goods were dispatched to our home, but cannot provide any details of who signed for them, postal or courier tracking numbers or any proof of dispatch. they just insist that as the account has our address on, thats where goods went. I think we would know if we had received the high value goods supposedly dispatched. They also have no signed CCA at all.

would you believe, the FOS found in their favor and assesed that next were acting "reasonably". would you also believe the FOS put into writing that they have no power to force a company to remove a default, even if its not valid. But they did say Next offered us £25 for any 'inconvinience' (which we naturally declined)

It will be going to court when we get through the other priorities first.

Incidentally Aqua have now updated my credit file as 'satisfied'. So the default is still there but just noted as satisfied.

now that is intersting. did you settle the balance with aqua or did you pay via lowells?

[bluebottle]

Re: Lowell - AGAIN!

The FOS, like other Ombudsman services, has its hands tied, which effectively allows firms to run rings around them. The only body financial firms seem to fear, especially those with Consumer Credit Licences, including DCAs, is the OFT Credit Fitness Team. This part of the OFT is the one that issues, regulates and strips firms of their CCA Licences and they will do it if they have to do so. Having spoken to the Credit Fitness Team recently, my understanding is that they would prefer people to complain to them about CCA Licence Holders who cross the line as if they do not know anything untoward is going on, they cannot do anything about it. If they know, they can.

In order to make a complaint against a CCA Licence holder, sent an email to enquiries@oft.gsi.gov.uk, inserting CREDIT FITNESS in the subject box. Give a clear and concise resume of your complaint. If possible, include the name of the licence holder and their CCA Licence Number or Company Registration Number (if known). Alternatively, telephone 08457 224499 and choose the option for consumer credit enquiries. This will connect you to the Enquiries Unit. They will check to see if a DCA, etc., has a licence, give you the details and advise how to submit a complaint. You should also report the matter to your local Trading Standards Department.

Don't suffer in silence - tell someone. Tell OFT Credit Fitness Team and Trading Standards. The more people who complain, the sooner bully-boy DCAs etc. will get the message and either toe the line or be put out of business by the loss of their licence.