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Hi, I'm new to the forum but desperate for some advice. I know there's a lot of threads relating to Lowell's unscrupulous activity, but I've reached a point with them now where everything seems to have turned into one big malicious mess. I apologise unreservedly for the rant that will now ensue...
I've been harassed for years now regarding a disputed phone contract with Orange which I took out in October 2010. I was initially miss-sold the contract by a tertiary company working for Orange, after I'd asked for a monthly payment plan of £20 or less (being a student at the time, I could afford little more) and was given a lovely new mobile on a 24 month contract. It soon transpired that I was being charged a base rate of £25 a month for 27 months with hidden charges, and having re-examined the Orange contract, to my horror realised it was blank, with no information other than the name of the plan and the length of the contract (which was wrong anyway!). Anyway, there followed over a year of negotiations with Orange who refused to send any written communication. In the end, we were getting nowhere so I threatened to and then subsequently cancelled my direct debit as they were in breach of contract. I offered to send the phone back in writing and faxed numerous copies of the flawed contract to the company as well as the tertiary company I'd bought it from. It ended up with a manager from Orange telling me in a voicemail that the problem was not with Orange, and they would not be pursuing me any longer. The tertiary company didn't want to get involved as they weren't the ones with their name above the contract. The matter finished in stale mate where I decided not to pursue the money I had paid already for the erroneous contract as I'd just started work and didn't really think it a priority. I also informed Trading Standards at the time, but the company, despite being well known to them, would not cooperate.
Then I started being contacted by debt collection agencies. Six of them. The first five gave up when I asked for proof of the alleged debt. The sixth was Lowell Portfolio. This company has harassed me since Feb 2013. Letters, phone calls at terrible hours (I'm a doctor, so I work on call. A lot. And told them so, but even then was phoned during night shifts, 7am other mornings), and threats to send people over to not only my house, but my parents' house. I initially asked them to direct all communication to my parents' as they had access to all the documentation I'd kept with Orange and because of my schedule, but it didn't stop them from then phoning both of us! Having ignored all the letters I eventually answered one of their calls and told them that the contract they'd bought was disputed and asked for proof. I was told they would query the debt with Orange, but then got a letter stating that since they'd sent me the proof after discussions with Orange (which they hadn't, and I told them so) that they would continue to contact me until I agreed to pay. Their telephone operators told me that they had no documentary evidence of the alleged debt, but wanted me to send them everything I had so they could have their legal advisors look over them and consider them. I told them there was no way I'd be doing this and the only way they'd see my evidence was if it went to court.
I eventually persuaded one of them to take me from their phone book, but the letters continued and eventually I was issued with a summons by the lovely Bryan Carter. I've called their bluff, put in my defence and also put in a counterclaim for expenses incurred by both my parents and I (which is roughly triple what they're claiming). They've replied denying my defence and requesting strict proof. I've sent them letters asking them for proof and have so far been ignored. I've sent further letters acknowledging their refusal to provide proof and asking again for any scrap of evidence, stating that I cannot possibly go through mediation and negotiate without seeing any support to their claim (I have stated on one of the court's forms that I would be willing to go through mediation, as it's free and at least I'd be shown willing to communicate, even if it probably comes to nothing).
Anyway, that's as far as it's got with the county court, but things have just got worse...
I've recently applied for a mortgage, which I found out had been declined yesterday due to a "flagged account" on my credit report. Now, I've always had a glowing, unblemished report, which is why I cancelled my Experian account a few months back (I only signed up because I was afraid that Orange might add their contract as defaulted, but they never did and neither did any of the other companies, including Lowell at the time), so imagine my surprise when I suddenly see a defaulted account entered by Lowell on the exact date they would have received my defence and counterclaim!! Not only that, but the data they've recorded is completely inaccurate, as in, completely the wrong dates and completely the wrong balance!
So I've spent the entirety of the last two days phoning up advice helplines and Trading Standards and my mortgage broker as well as writing letters to the mortgage lender in my defence. I've read on the ICO website that I should contact Lowell to tell them to remove the account and to also provide me with whatever details they have on my personal file, so I've just written one in a vile rage. Which is why I'd love someone to kindly have a look, see if I'm not overstepping the mark and advise me where I can take this next.
"It has been bought to my attention that your client has erroneously entered details of the alleged debt in question as a defaulted account on my credit report. Not only this, but the personal information provided by Lowell Portfolio I Ltd for the account is also incorrect.
I therefore have grave concerns that your client has not handled my personal information appropriately.
Both the figures and dates provided by Lowell for my credit report are completely false, having stated that the starting date for this account was 20th January 2009 and the default date was 24th April 2012. I also cannot account for their alleged current balance of £368.00 as this does not correspond to any communications received from the company. I note that this account was only updated by Lowell 1st June 2014, the very same day they received my defence and counterclaim for small claims track.
A mortgage I have recently applied for has since been declined solely on the basis of this inaccurate data on an otherwise unblemished, excellent credit report. As such I have lost a considerable amount of time and money in addition to that detailed in my counterclaim due to your client’s misguided report entry, which has only contributed to the stress already inflicted.
As your client is still unable to substantiate their claim despite repeat requests, with no proof that money is owed, I have been advised that legally Lowell cannot enter this as a defaulted account onto my credit report due to its fraudulent content. By entering such information, your client is in breach of the Data Protection Act 1998. I am aware that the Experian representative I spoke to yesterday has contacted Lowell to ask for the account to be removed with immediate effect and will be liaising further with their legal team. I have also been in touch with Trading Standards who will be investigating the matter further. I understand however that before reporting my concern to the Information Commissioner’s Office, I should give your client the chance to deal with any inaccuracies.
If, when I receive your response, I would still like to report my concern to the ICO, I will give them a copy of it to consider.
In light of these events, I would also ask your client to please supply the information about me I am entitled to under the Data Protection Act 1998 relating to my account information with Lowell Portfolio I Ltd, including all personal details and records of communication with the firm, as well as any evidence of the alleged debt. I also request that this personal information be deleted permanently from their records once the matter is resolved via small claims track.
I require immediate confirmation on receipt of this letter of your client’s intention to remove their false account entry on my credit report as I will need to forward this information on to my mortgage company urgently. In your client’s interest and to avoid further delay, I will accept their response via my personal email address, xxxxxxx@xxx.com. Furthermore, it may be expedient for you to inform your client that should I be forced to forfeit on my house purchase because of their actions, I will be taking further action to recover all monies lost.
Please send a full response regarding the release of personal information as requested, as well as details of any applicable fee within forty days, 31st August 2014, as per the Data Protection Act 1998.
Yours sincerely"
If anyone could offer any help at all, I would be extremely grateful. Is this an acceptable letter for me to be sending or should I be contacting someone else before this (and again, sorry for the very, very long post...)?
I've been harassed for years now regarding a disputed phone contract with Orange which I took out in October 2010. I was initially miss-sold the contract by a tertiary company working for Orange, after I'd asked for a monthly payment plan of £20 or less (being a student at the time, I could afford little more) and was given a lovely new mobile on a 24 month contract. It soon transpired that I was being charged a base rate of £25 a month for 27 months with hidden charges, and having re-examined the Orange contract, to my horror realised it was blank, with no information other than the name of the plan and the length of the contract (which was wrong anyway!). Anyway, there followed over a year of negotiations with Orange who refused to send any written communication. In the end, we were getting nowhere so I threatened to and then subsequently cancelled my direct debit as they were in breach of contract. I offered to send the phone back in writing and faxed numerous copies of the flawed contract to the company as well as the tertiary company I'd bought it from. It ended up with a manager from Orange telling me in a voicemail that the problem was not with Orange, and they would not be pursuing me any longer. The tertiary company didn't want to get involved as they weren't the ones with their name above the contract. The matter finished in stale mate where I decided not to pursue the money I had paid already for the erroneous contract as I'd just started work and didn't really think it a priority. I also informed Trading Standards at the time, but the company, despite being well known to them, would not cooperate.
Then I started being contacted by debt collection agencies. Six of them. The first five gave up when I asked for proof of the alleged debt. The sixth was Lowell Portfolio. This company has harassed me since Feb 2013. Letters, phone calls at terrible hours (I'm a doctor, so I work on call. A lot. And told them so, but even then was phoned during night shifts, 7am other mornings), and threats to send people over to not only my house, but my parents' house. I initially asked them to direct all communication to my parents' as they had access to all the documentation I'd kept with Orange and because of my schedule, but it didn't stop them from then phoning both of us! Having ignored all the letters I eventually answered one of their calls and told them that the contract they'd bought was disputed and asked for proof. I was told they would query the debt with Orange, but then got a letter stating that since they'd sent me the proof after discussions with Orange (which they hadn't, and I told them so) that they would continue to contact me until I agreed to pay. Their telephone operators told me that they had no documentary evidence of the alleged debt, but wanted me to send them everything I had so they could have their legal advisors look over them and consider them. I told them there was no way I'd be doing this and the only way they'd see my evidence was if it went to court.
I eventually persuaded one of them to take me from their phone book, but the letters continued and eventually I was issued with a summons by the lovely Bryan Carter. I've called their bluff, put in my defence and also put in a counterclaim for expenses incurred by both my parents and I (which is roughly triple what they're claiming). They've replied denying my defence and requesting strict proof. I've sent them letters asking them for proof and have so far been ignored. I've sent further letters acknowledging their refusal to provide proof and asking again for any scrap of evidence, stating that I cannot possibly go through mediation and negotiate without seeing any support to their claim (I have stated on one of the court's forms that I would be willing to go through mediation, as it's free and at least I'd be shown willing to communicate, even if it probably comes to nothing).
Anyway, that's as far as it's got with the county court, but things have just got worse...
I've recently applied for a mortgage, which I found out had been declined yesterday due to a "flagged account" on my credit report. Now, I've always had a glowing, unblemished report, which is why I cancelled my Experian account a few months back (I only signed up because I was afraid that Orange might add their contract as defaulted, but they never did and neither did any of the other companies, including Lowell at the time), so imagine my surprise when I suddenly see a defaulted account entered by Lowell on the exact date they would have received my defence and counterclaim!! Not only that, but the data they've recorded is completely inaccurate, as in, completely the wrong dates and completely the wrong balance!
So I've spent the entirety of the last two days phoning up advice helplines and Trading Standards and my mortgage broker as well as writing letters to the mortgage lender in my defence. I've read on the ICO website that I should contact Lowell to tell them to remove the account and to also provide me with whatever details they have on my personal file, so I've just written one in a vile rage. Which is why I'd love someone to kindly have a look, see if I'm not overstepping the mark and advise me where I can take this next.
"It has been bought to my attention that your client has erroneously entered details of the alleged debt in question as a defaulted account on my credit report. Not only this, but the personal information provided by Lowell Portfolio I Ltd for the account is also incorrect.
I therefore have grave concerns that your client has not handled my personal information appropriately.
Both the figures and dates provided by Lowell for my credit report are completely false, having stated that the starting date for this account was 20th January 2009 and the default date was 24th April 2012. I also cannot account for their alleged current balance of £368.00 as this does not correspond to any communications received from the company. I note that this account was only updated by Lowell 1st June 2014, the very same day they received my defence and counterclaim for small claims track.
A mortgage I have recently applied for has since been declined solely on the basis of this inaccurate data on an otherwise unblemished, excellent credit report. As such I have lost a considerable amount of time and money in addition to that detailed in my counterclaim due to your client’s misguided report entry, which has only contributed to the stress already inflicted.
As your client is still unable to substantiate their claim despite repeat requests, with no proof that money is owed, I have been advised that legally Lowell cannot enter this as a defaulted account onto my credit report due to its fraudulent content. By entering such information, your client is in breach of the Data Protection Act 1998. I am aware that the Experian representative I spoke to yesterday has contacted Lowell to ask for the account to be removed with immediate effect and will be liaising further with their legal team. I have also been in touch with Trading Standards who will be investigating the matter further. I understand however that before reporting my concern to the Information Commissioner’s Office, I should give your client the chance to deal with any inaccuracies.
If, when I receive your response, I would still like to report my concern to the ICO, I will give them a copy of it to consider.
In light of these events, I would also ask your client to please supply the information about me I am entitled to under the Data Protection Act 1998 relating to my account information with Lowell Portfolio I Ltd, including all personal details and records of communication with the firm, as well as any evidence of the alleged debt. I also request that this personal information be deleted permanently from their records once the matter is resolved via small claims track.
I require immediate confirmation on receipt of this letter of your client’s intention to remove their false account entry on my credit report as I will need to forward this information on to my mortgage company urgently. In your client’s interest and to avoid further delay, I will accept their response via my personal email address, xxxxxxx@xxx.com. Furthermore, it may be expedient for you to inform your client that should I be forced to forfeit on my house purchase because of their actions, I will be taking further action to recover all monies lost.
Please send a full response regarding the release of personal information as requested, as well as details of any applicable fee within forty days, 31st August 2014, as per the Data Protection Act 1998.
Yours sincerely"
If anyone could offer any help at all, I would be extremely grateful. Is this an acceptable letter for me to be sending or should I be contacting someone else before this (and again, sorry for the very, very long post...)?
