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Hi i need some advice i had a credit card with sygma which was sold onto lowell but a payment arrangement was made via a company called clarity i have written to lowell and sygma. On checking my credit file i now have a default registered by lowell with regards to this debt i have written to lowell and this is there response
Lowell Financial
Complaints Resolution (Customer_Relations2@lowellgroup.co.uk)
09/04/2015
To:
Dear Mrs
Lowell Complaint Reference:
Lowell Reference:
Original Creditor: Sygma Bank UK
Lowell Reference:
Original Creditor: Shop Direct
Thank you for your emails dated 23 February and 17 March 2015 to Mr James Cornell, Chief Executive Officer. I have noted your comments and will respond on behalf of Mr Cornell.
Summary of your Complaint
You are unhappy that we are reporting defaults on your credit file for both of the above accounts as you were not sent default notices, which you state is a breach of S87(1) the Consumer Credit Act 1974. You have said that unless we can provide the default notices and the other statutory documents, we should remove the defaults from your credit file. If not, you would be prepared to submit a Data Subject Access Request (DSAR) to obtain this information and would consider taking legal action.
In your further email dated 30 March 2015, you complain that we have not fulfilled our requirements under S77/78 of the Consumer Credit Act 1974 as we have not provided a true copy of the original credit agreements. Therefore you believe we are not complying with the Data Protection Act 1998 by processing your personal data.
You have also said that we must not add any further interest or charges to account reference 164465098 and that you have cancelled your payment arrangement to that account.
My Findings
In regards to the former Sygma Bank UK account, reference XXXXXXXX, this was a Mark One Classic Mastercard opened on 22 April 2005. The default was registered by Sygma Bank UK on 9 March 2013 following a period of non-payment on the account.
Prior to the default being added by Sygma Bank UK, you would have been issued with a default notice. I would advise that this is a one off document and Sygma Bank UK have no obligation to provide you with a copy.
Sygma Bank UK sold your account to Lowell Portfolio I Ltd and a Notice of Assignment was sent on 19 July 2014 to inform you of the sale. When we purchased the account we became the Data Controller as defined by the Data Protection Act 1998, and are required to update the default entry to show in our name.
Payments of £30 per month were made to the account between 15 July 2014 and 13 March 2015 through our outsource agents Clarity. The first contact we received from you was on 14 January 2015 when you were advised to discuss any concerns with Clarity, as they were managing your account on our behalf.
On 24 January 2015 we requested a copy of the credit agreement and statements from Sygma Bank UK in response to a query we received through Clarity. To date, I have been unable to obtain a copy of the credit agreement although I have been provided with a copy statement which I can send to your postal address if required. Whilst the copy agreement may be required for us to enforce payment of this debt through the courts, the statements and other information provided by Sygma Bank UK are sufficient for us to be satisfied that the debt is valid and due.
Taking all factors in to consideration I have made a decision to stop pursuing the remaining balance on this debt. I have arranged for the account to be returned from Clarity and can confirm that you will hear no more from us regarding this matter. Please ensure that any payment arrangement you have in place is now cancelled. Lowell has not added any fees or charges to the account and the balance we were pursuing is the balance sold to us by Sygma Bank UK.
The default will not be removed from your credit file, as we are satisfied the debt is valid and we have a duty to report true and accurate information on our customer’s credit files. For clarification, defaults are reported for six years from the date of default, in line with the Information Commissioners Office guidelines.
Moving on to your former Shop Direct account, reference 96240870; this was a Choice catalogue opened on 18 December 2006. The last payment received by Shop Direct to the account was for £20.00 on 6 May 2010 and they registered the default on 8 November 2010 following a period of non-payment to the account.
Prior to the default being added, you were issued with a default notice on 16 August 2010. Shop Direct sold your account to Lowell Portfolio I Ltd and a Notice of Assignment was sent on 20 November 2010 to inform you of the sale. Again, when we purchased the account we became the Data Controller as defined by the Data Protection Act 1998, and are required to update the default entry to show in our name.
Our records show that you paid this account in full on 3 February 2011 and a letter was sent to you to confirm the account was settled and the default would be updated as satisfied. This was also confirmed during your conversation on that day.
On 17 October 2014 we received a letter from you raising a dispute that a default notice was not received by you in regards to the above account. You also requested a copy of the credit agreement under section 77/78 of the Consumer Credit Act 1974.
We responded fully to your concerns in our letter dated 20 October 2014 when we confirmed that we would be unable to remove the default as we are required to reflect true and accurate information on how your account had been conducted. We also confirmed that we do not need to provide a copy of your agreement, as per S77 (3A) of the Consumer Credit Act 1974, as there are no sums of money outstanding on the account. Therefore, we returned your £1 fee and I do not agree that we have breached this Act.
You have raised this matter with Shop Direct and they have provided me with a copy of their final response to you dated 10 March 2015. I am happy to send a copy to your postal address if required. To clarify again, defaults are reported for six years from the date of default, in line with the Information Commissioners Office guidelines.
Finally, you advise that you would consider submitting a Data Subject Access Request, in accordance with Section 7 of the Data Protection Act 1998. Please be aware that this must be in writing and is subject to a fee of £10.00, as per Section 7 (2) (b) of the Act. The information you are entitled to under such a request would not include information held by the original creditor. A separate request would have to be made to Sygma Bank UK and Shop Direct if you wish to receive copies of the data they hold.
Having read your correspondence carefully, I am confident that all of the concerns you raised have now been fully investigated and addressed. This email constitutes my final response on the matters you have raised and our complaint investigation has now been closed. Please note that any further correspondence received will be noted but a response will only be issued if you raise any new concerns.
Whilst I appreciate this may not be the response you had hoped for, I trust I have clarified the current situation.
The Financial Ombudsman Service provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have a right to use this service for up to six months from the date of this letter. For more information please visit the Financial Ombudsman’s website using the following hyperlink: http://www.financial-ombudsman.org.u...er-leaflet.htm.
Should you require a paper copy of this leaflet, please let us know and we will arrange to send one to you.
Yours sincerely
Annie Cunningham
Customer Relations Officer
Although i am really pleased that they are no longer going to pursue the debt this is not what i wanted i am happy to pay the debt but just want the default removed so i can get a mortgage and this was logged 2013 so have ages left before it drops off any help will be appreciated can i get this default off ??
Lowell Financial
Complaints Resolution (Customer_Relations2@lowellgroup.co.uk)
09/04/2015
To:
Dear Mrs
Lowell Complaint Reference:
Lowell Reference:
Original Creditor: Sygma Bank UK
Lowell Reference:
Original Creditor: Shop Direct
Thank you for your emails dated 23 February and 17 March 2015 to Mr James Cornell, Chief Executive Officer. I have noted your comments and will respond on behalf of Mr Cornell.
Summary of your Complaint
You are unhappy that we are reporting defaults on your credit file for both of the above accounts as you were not sent default notices, which you state is a breach of S87(1) the Consumer Credit Act 1974. You have said that unless we can provide the default notices and the other statutory documents, we should remove the defaults from your credit file. If not, you would be prepared to submit a Data Subject Access Request (DSAR) to obtain this information and would consider taking legal action.
In your further email dated 30 March 2015, you complain that we have not fulfilled our requirements under S77/78 of the Consumer Credit Act 1974 as we have not provided a true copy of the original credit agreements. Therefore you believe we are not complying with the Data Protection Act 1998 by processing your personal data.
You have also said that we must not add any further interest or charges to account reference 164465098 and that you have cancelled your payment arrangement to that account.
My Findings
In regards to the former Sygma Bank UK account, reference XXXXXXXX, this was a Mark One Classic Mastercard opened on 22 April 2005. The default was registered by Sygma Bank UK on 9 March 2013 following a period of non-payment on the account.
Prior to the default being added by Sygma Bank UK, you would have been issued with a default notice. I would advise that this is a one off document and Sygma Bank UK have no obligation to provide you with a copy.
Sygma Bank UK sold your account to Lowell Portfolio I Ltd and a Notice of Assignment was sent on 19 July 2014 to inform you of the sale. When we purchased the account we became the Data Controller as defined by the Data Protection Act 1998, and are required to update the default entry to show in our name.
Payments of £30 per month were made to the account between 15 July 2014 and 13 March 2015 through our outsource agents Clarity. The first contact we received from you was on 14 January 2015 when you were advised to discuss any concerns with Clarity, as they were managing your account on our behalf.
On 24 January 2015 we requested a copy of the credit agreement and statements from Sygma Bank UK in response to a query we received through Clarity. To date, I have been unable to obtain a copy of the credit agreement although I have been provided with a copy statement which I can send to your postal address if required. Whilst the copy agreement may be required for us to enforce payment of this debt through the courts, the statements and other information provided by Sygma Bank UK are sufficient for us to be satisfied that the debt is valid and due.
Taking all factors in to consideration I have made a decision to stop pursuing the remaining balance on this debt. I have arranged for the account to be returned from Clarity and can confirm that you will hear no more from us regarding this matter. Please ensure that any payment arrangement you have in place is now cancelled. Lowell has not added any fees or charges to the account and the balance we were pursuing is the balance sold to us by Sygma Bank UK.
The default will not be removed from your credit file, as we are satisfied the debt is valid and we have a duty to report true and accurate information on our customer’s credit files. For clarification, defaults are reported for six years from the date of default, in line with the Information Commissioners Office guidelines.
Moving on to your former Shop Direct account, reference 96240870; this was a Choice catalogue opened on 18 December 2006. The last payment received by Shop Direct to the account was for £20.00 on 6 May 2010 and they registered the default on 8 November 2010 following a period of non-payment to the account.
Prior to the default being added, you were issued with a default notice on 16 August 2010. Shop Direct sold your account to Lowell Portfolio I Ltd and a Notice of Assignment was sent on 20 November 2010 to inform you of the sale. Again, when we purchased the account we became the Data Controller as defined by the Data Protection Act 1998, and are required to update the default entry to show in our name.
Our records show that you paid this account in full on 3 February 2011 and a letter was sent to you to confirm the account was settled and the default would be updated as satisfied. This was also confirmed during your conversation on that day.
On 17 October 2014 we received a letter from you raising a dispute that a default notice was not received by you in regards to the above account. You also requested a copy of the credit agreement under section 77/78 of the Consumer Credit Act 1974.
We responded fully to your concerns in our letter dated 20 October 2014 when we confirmed that we would be unable to remove the default as we are required to reflect true and accurate information on how your account had been conducted. We also confirmed that we do not need to provide a copy of your agreement, as per S77 (3A) of the Consumer Credit Act 1974, as there are no sums of money outstanding on the account. Therefore, we returned your £1 fee and I do not agree that we have breached this Act.
You have raised this matter with Shop Direct and they have provided me with a copy of their final response to you dated 10 March 2015. I am happy to send a copy to your postal address if required. To clarify again, defaults are reported for six years from the date of default, in line with the Information Commissioners Office guidelines.
Finally, you advise that you would consider submitting a Data Subject Access Request, in accordance with Section 7 of the Data Protection Act 1998. Please be aware that this must be in writing and is subject to a fee of £10.00, as per Section 7 (2) (b) of the Act. The information you are entitled to under such a request would not include information held by the original creditor. A separate request would have to be made to Sygma Bank UK and Shop Direct if you wish to receive copies of the data they hold.
Having read your correspondence carefully, I am confident that all of the concerns you raised have now been fully investigated and addressed. This email constitutes my final response on the matters you have raised and our complaint investigation has now been closed. Please note that any further correspondence received will be noted but a response will only be issued if you raise any new concerns.
Whilst I appreciate this may not be the response you had hoped for, I trust I have clarified the current situation.
The Financial Ombudsman Service provides a dispute resolution service to assist customers who feel their complaint remains unresolved. You have a right to use this service for up to six months from the date of this letter. For more information please visit the Financial Ombudsman’s website using the following hyperlink: http://www.financial-ombudsman.org.u...er-leaflet.htm.
Should you require a paper copy of this leaflet, please let us know and we will arrange to send one to you.
Yours sincerely
Annie Cunningham
Customer Relations Officer
I'm sure you'll get lots of advice on this soon from our knowledgeable Beagles xxx
:tinysmile_cry_t: i guess no mortgage for me then x thanks anyway
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