So, back to those reputable lovable rogues Lowell Portfolio..
In September 2011 I obtained my partners Equifax report which showed a debt to Lowell Portfolio 1 for £341.44, dated 10/09/2008, defaulted 21/11/09.
OH didnt recognise the debt, Equifax told us it originated from O2.
OH contacted O2 by phone on 6th September 2011 to be told they told they could not find any reference for the debt and his ‘normal’ O2 account was completely up to date and always paid on time. They referred me back to Lowell.
I then sent a letter to Lowell requesting the original consumer credit agreement.
They replied on 8th June 2012 to tell me that “Following investigations we have concluded that the debt is not linked to you. As such we have removed your personal details from our database”. They refunded me the statutory fee. I have this evidentiary letter.
I then spoke to Equifax to have the entry removed and Lowell (via Equifax) informed me that only O2 could remove the “incorrect link”. Basically they ech blamed each other. Equifax will not act without theirs or O2s instruction.
At the same time I obtained my credit report from Callcredit. There was, as of 15th June 2012, no entry relating to any default whatsoever. Its still to this date not on Experian.
We assumed it would go with the deletion of the OHs details from Lowells database.
But when we went for a mortgage a few weeks ago, we were refused on the basis of this unsettled debt. We appealed but they wouldnt have it; whilst the debt is still on there they wont look at us regardless of whatever evidence we have.
To make matters worse, Lowell have searched the OHs Callcredit file back in October this year, even though the debt was not listed there at the time of their promise to remove his details. Clearly as a last ditch attempt to keep the (now statute barred) debt alive. They have also searched Experian, but not listed the debt. Never any contact with him directly I might add.
Surely, in light of the letter stating the debt is not his, we have some legal right of redress to force them to remove the entry and cease the unwarranted searches on his credit file?
Any ideas on what to do? I dont want to have to wait a year for this to expire from his file when they cant prove it was his in the first place. I would instruct a solicitor if I thought it would scare them, but they dont seem to behave in a way that would respond to it. As horrendous as this may sound to some, I'd pay it if they agreed to remove the default completely but I doubt they would consider that either!
Thanks in advance for your input.