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just got an equifax alert
lowells have just put a default on my credit file
just a recap
this was a aqua card HBOS in writing say they have no record of a cca, no default notice
all collection activity will be recalled from any DCA
default removed feb 2008
has been put on twice since then by hbos in error, both times after a very angry call to them, removed in two weeks.
this time, not bothered by hbos
its lowells ime after
now they have defamed my credit file, they are going to pay big time.
need to get my options straight.
i believe pricing a default is £1000 plus the value of the default
illegal processing of data etc
i need to get my pre action protocol correct
can i go straight to court on this one, or should i argue it out with lowells.
reason being, they are going to take there time, and the default will still be on my credit file
can any body do a decent POC for me as i will be serving this n1 on monday
just being going through my old correspondents
found one from lowell dated 21/01/98 over this account
thats when i confronted HBOS
lesson to all, keep all correspondents
informed lowell no cca/default notice etc
hbos default was on credit file at the time
telephoned lowells about dispute and not a peep out of them since
this is strange that hbos deleated there default and its taken lowells ten months to put on there one
Dear Sir/madam
After Receiving An Alert From The Credit Reference Agency Equifax, It Appears Your Company Has Registered A Default On My File.
The Credit File Details Listed Below
Company Name/insight Account Number
Lowell Portfolio 1 Ltd
Account Type Credit Card
Current Balance £ 981.00
Status Defaulted
Date Updated 30/10/2008
Default Date 29/09/2004
Your Company Contacted Me Reference This Account On The 21/01/2008.
I Informed You That I Was In Dispute With The Original Creditor Halifax Bank of Scotland Over This Account And That They Had Failed To Supply As To My S 78/79 Consumer Credit Agreement Request For A Copy Of Any Agreement.
Halifax Bank Of Scotland Contacted Me On 3/08/08 ( Copy Enclosed ) That They Were Unable To Provide A Copy Of My Agreement.
Neither Were They Able To Provide A Default Notice, Or Termination Letter.
A Further Letter Dated 19/10/2007 It Was Confirmed That The Ammount Of £ 981.67 Is Coded For Write Off And That They Would Not Be Enforcing The Agreement.
It Was Also Stated That In Error The Alledged Debt Was Passed For Debt Sale Before They Brought It Back Fully Under The Banks Control.
I Require An Explanation As To Why Your Company Is Processing My Data And Why Your Company Has Registerd A Default When It Has No Legal Authority To Do So.
The Original Default Was Removed By Halifax Bank Of Scotland After I Instigated Legal Procedings Against The Bank.
take Notice
This Is A Fourteen Day Letter Before Action Allowing Three Days For Service.
Unless Lowell Remove All Details Including Searches From My Credit Files By 20/11/2008 The Following Action Will Be Taken.
With Out Any Further Reference To Your Company An N1 county court Claim Will Be Placed Before My Local County Court For The Removel Of The Data From My Credit File.
Compensation Will Be Requested For Defamation, Priced At £ 1000.00 Per Default.
Woodchester Lease Management Services Ltd V Swain And Co.
I Am Also Of The Opinion Your Company Has Committed Offences Under The Consumer Protection From Unfair Trading regulations For Which A Compaint Will Be Made To The Relevent Authorities.
This Letter Complies With All Pre Action Protocol
Mr Postggj
i know the court can order the removel of data from the cra under the dpa,
can any body confirm what regs to quote so i dont have to spend ages running it down
a) An order under s. 14 of the Act, subsections 1 and 4, that the inaccurrate data be rectified, blocked, erased or destroyed.
b) An order under s. 14 of the Act, subsections 3 and 5, that the Defendant notify third parties to whom the data have been disclosed of the rectification, blockage, erasure or destruction of the data.
RMW
I am not an expert in law, finance or any related field, I just read a lot. Any advice is based solely on what I've read so please don't take it as gospel without checking it out yourself.
I prefer not to give advice by PM. If you want me to look at something, send me a link to your thread, and if I can help I'll reply on there.
lowell has just replied by phone
great things internet ( skype numbers )
just got a big appology from lowells
there reply was that this account was recalled by HBOS and it was an automated process that has caused this.
human error
they have confirmed all data ref lowells with immediate effect will be erased.
not at all happy with lowells
they have done the decent thing and addmitted there mistake,
not good enough
if these people think they can trash peoples lives being a law unto themselves, they can think again
need to do this correct
damages claim in the pipe line
need expert advice please
I am writing following our telephone conversations today along with receipt of your e-mail.
As discussed, I can confirm that in January 2008 HBOS plc did request that that we close our files in respect of this account and return it to them. Regrettably, an isolated administrative error by a member of our staff resulted in the account following an inappropriate procedure which has caused an incorrectly recorded default to appear on your credit file and I would not hesitate to offer my apologies in this respect. I would assure you that a request has been sent to the relevant credit reference agencies instructing them to remove this entry from your credit file. Following our second conversation, I would also assure you that a further request has been sent to the same credit reference agencies to remove all searches from your credit file carried out by the Lowell Group of Companies.
Please accept my sincere apologies for any inconvenience or upset that you may have been caused as a result of this unfortunate error. If I can be of any further assistance please do not hesitate to contact me.
from my email yesterday, there reply, telephone conversation,
today 24 hours later, default gone after i checked all my credit files.
the cra do not work that quick.
i know the major banks have a direct link with the cra and can ammend records direct. HBOS confirmed this to me last year
is this the same now for the DCA
heaven forbid
hbos won/default removed/now lowell default
in writing say they have no record of a cca, no default notice
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Originally Posted by postggj
