Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    My credit file says a company called Lowell Financial Ltd has been making repeat searches on me. Ive never had anything to do with them and a Google search indicates they are debt collectorsicon.



    I am otherwise of good credit standing, income over 50K a year and plenty of investment products on the go, I’ve never had credit problems but I need to keep my credit report in check because I take out lots of mortgageicon renewals for my own property and buy-to-let properties. The interesticon rate is based on my personal credit score and thus, can seriously affects my income.

    I am concerned why this company is sniffing around, why would they be doing this? And can I get it removed?


  2. #2
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Edit: more info

    The address for Lowell Financial Ltd is not in the list of addresses at the back of the Experian report.


  3. #3
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    its an unrecorded enquiry and so shouldn't effect your credit rating or ability to obtain credit.

    However I. would write a strongly worded letter to Experian informing them that at no time have you ever given Lowell permission to search your credit file or permission to process your data nor have you asked them to carry out an enquiry, quotation or verification check.



  4. #4
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Permission? Ok, I didnt know they needed my permission, is there a rule book which says they need permission?

    Then again, if this enquiry has no impact on my credit rating, then is there any point in writing to them?


  5. #5
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    In theory they need permission, but a letter or email to the CRA wouldn't hurt.


  6. #6
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    OK, these are the letters I'm sending. This is the leter about Merton...

    Ref: xxxxxxxxxx

    14 March 2010

    Dear Sir,

    I write on receipt of the above-mentioned credit report received by me today.

    I am writing in query to entry numbered P11 London Borough of Merton I confirm I have lever lived or worked in the jurisdiction of London Borough of Merton, or drawn services from them. I named them as a defendant in a county courticon credit card fraud claim last year which they were named as a defendant. They obtained a credit money transfer in my name under false pretences in June 2007

    The money was refunded and the court decided the bank was liable (Bank of Ireland – Entry number C6), but at no time have I have ever given London Borough of Merton a permission to search my credit file, process my data, or asked them to carry out an enquiry, quotation or verification check.

    I ask that one of the following is carried out.
    • Provide a copy of the permission that enables London Borough of Merton to search my credit file giving rise to search entry number P11
    • Permanently remove entry P11 from my credit file within 14 days, and confirm in writing this has been done.
    If you are unable or unwilling to provide either of the above, or you think I should ‘contact a solicitor’ or similar, please say why, in a letter that is clearly marked at the top with the words FINAL RESOLUTION.

    This letter is not a Subject access requesticon and does not ask you to provide any personal data about me as it is defined in the 1998 Data Protection Act.

    Yours faithfully
    letter #2 - about Lowell Financial Limited


    Customer Support Centre
    Experian Ltd
    PO Box 9000
    Nottingham
    NG80 7WP

    Ref: xxxx

    14 March 2010

    Dear Sir,

    I write on receipt of the above-mentioned credit report received by me today.

    I am writing in query to entries numbered P2 and P3 both of 27/01/10 by Lowell Financial Limited.

    I write to inform that at no time have I have ever given Lowell Financial Limited a permission to search my credit file or to process my data, or asked them to carry out an enquiry, quotation or verification check.

    I ask that one of the following is carried out.
    • Provide a copy of the permission that enables Lowell Financial Limited to search my credit file giving rise to search entries P2 and P3, or
    • Permanently remove entries P2 and P3 from my credit file within 14 days, and confirm in writing this has been done.
    If you are unable or unwilling to provide either of the above, please say why, in a letter that is clearly marked at the top with the words FINAL RESOLUTION.

    This letter is not a Subject access requesticon and does not ask you to provide any personal data about me as it is defined in the 1998 Data Protection Act.

    Yours faithfully



  7. #7
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Maybe put something in about Lowell not having permission to search your file and in future unless it is authorized by you you will seek compensation for damages.


  8. #8
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Theres some EU regulations it may be worth quoting as well, I'll try to find them. I think they will reject the request but its worth letting them know and keeping a written record of Lowells tactics.


  9. #9
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    I would be interested to see what legislation requires a permission to be obtained to access data, and who is liable for beeach, Lowell, or the credit agency holding the data, or both.


  10. #10
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    they will answer that when you signed the CCA it gives them permission to search CRA, however EU legislation states permission must be granted individually.
    My argument is if the DCAicon/OC can not locate the true copy of the CCA where is the proof I signed in order to give them permission?


  11. #11
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    this is it, I've never signed any CCA or anything remotely like it. All my known CCA's are counted for on my credit report.


  12. #12
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    European Directive 95/46/EC (the Data Protection Directive) states that data can only be processed when

    'The data subject has unambiguously given his consent.'


  13. #13
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Well done! and thank you!

    Does this apply to local authorities as well?


  14. #14
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Quote Originally Posted by 247orbital View Post
    they will answer that when you signed the CCA it gives them permission to search CRA, however EU legislation states permission must be granted individually.
    My argument is if the DCA/OC can not locate the true copy of the CCA where is the proof I signed in order to give them permission?
    As I signed a CCA with the Original Creditor and not a debt collectionicon Agency, can the DCA simply use the original permission from the original CCA to search a credit file - or would they have to have their own permission?

    Just wondering, as I myself have had my file searched in the past, but I've never received either a Notice of Assignment, nor have I received any sort of Fair Processing Notice or anything to sign giving them authority to look at my credit file.

    Could I pre-empt any further searches (old ones have dropped off) from the DCA by telling the Credit Reference Agencies that these companies have not had my permission to search my file?

    Hope this isn't hijacking the thread at all, it's all relevant I feel, slap me if you don't think so


  15. #15
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Lowell can only search your Credit File if one of your creditors have sold or assigned the debt to them.

    Before they do this, they should have sent you a Default Notice to comply with and then a Termination Notice.

    Keep at it, Lowell will cave in.


  16. #16
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    Default Re: Why is LOWELL FINANCIAL LTD making repeated searches on me? (see screenshot)

    Update: Experian replied to my letter, and I copy my reponse below.

    What action I take against a firm for making searches of my credit file without my consent?




    [NAME]
    Customer Support Centre
    PO Box 8000
    Nottingham
    NG80 7WF

    Ref: [REF]

    20 April 2010

    Dear Sir,

    Thanks for your letter of 30 March saying you will investigate Arrow Global (C7), Lowell (P3 & P3) and London Borough of Merton (P11) making searches of my credit file.

    I understand that European Directive 95/46/EC (the Data Protection Directive) states that data can only be processed when the data subject has unambiguously given his consent.

    I have no record of giving any such consent; I now ask that you request a copy of the consent from the above-named organisations or bodies.

    Can you please suggest what action I should take if any of the above is unable or unwilling to provide a copy of the consent?


    Yours faithfully




    [ME]




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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE