Advice regarding Lowells and CCJ - help please!

[PrettyPaula]

Hi everyone, we have been using checkmyfile for a while now to help manage the fiancés debts and keep them on track.

 

In doing so we have learned loads BUT i have gone online today to check it and noticed a huge drop in points...

 

here is why:

 

I can see he was given a CCJ for £250 in November 2007 and this is the first that i am aware of it.

I still pay every creditor we have (current) accounts with and settled all of his utilities at the old address.

What do i do about this now? The case number is on file and it was processed at northampton county court, i assume they wont be open on weekends.

 

 

Also, there is a defaulted account with Lowells from 2003 for £140 which wei have repeatedly asked them to explain to us (he has never had the card they claim it is) and they have failed to provide us with these details. I am now going to issue a formal request for a CCA from them.

Is this the right avenue to go down?

 

One month it has a lock symbol on the account, the next it has a big fat D... its definately affecting his credit rating and i have no clue what it is!

[sequenci]

Hello there.

 

I think a SAR is the way to go with this one, you should be able to find out info regarding the debt. You can then use this info to consider a set-aside of the judgment. Did you not receive court papers? Have you moved recently?

[PrettyPaula]

excuse me for being dumb but do you mean the SAR to lowells or County Court?

 

We moved at the end of november but this was passed on november 15th. We definately recieved no paperwork, as we are currently going through a personal debt CCJ case and are both very swift at dealing with it all! i know how serious they are.

 

The only other curious thing is that he had a current account with alliance and leics that he closed they made a cock up and didnt close it properly, someone tried to take a cancelled direct debit from it and put it into arrears which started charges etc etc anywho, i sent them a rather stern letter about it last september and we never heard from them about it again, its now settled on his credit file, but in november.. just coincidence?

 

also i have some more credit file questions... which is best place for those?

 

thanks!

[sequenci]

SAR to Lowells

[PrettyPaula]

okay cool no problem..

 

what exactly is an SAR? fiance is pretty certain like 99.9% that this account is not his. i dont wanna admit debt or anything by accident (im new to this but loving it!)

 

Where can i find a good letter for it, and also any thoughts on the CCJ anyone?

[sequenci]

A SAR is a formal request that you can make under the Data Protection Act 1998. This will allow you to obtain information from Lowell such as computer notes + information regarding monies outstanding etc. You should be able to ascertain what this debt is for... You can then chose to consider a set aside if you have a defence to the CCJ.

 

There is a good sample letter within the templates section, I'll try and locate it for you!

[sequenci]

Here is a link for you, you may well need to tweak your SAR to suit your requirements.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Best wishes,

 

Seq

[PrettyPaula]

Thanks Seq, great avatar btw!

 

just want to point out that the Lowells default and the CCJ are two enitrely different matters.

[PrettyPaula]

also is this the address for lowells?

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

[PrettyPaula]

This is the letter ive put together (with thanks to CAG!) to send off to Lowell:

 

let me know what you guys think... if anything needs amending

 

Lowell Group

Enterprise House

1 Apex View

Leeds

LS11 9BH

19 April 2008

 

ACCOUNT NUMBER: UNKNOWN

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Upon accessing my credit report it has come to my attention that you hold an unsettled account in my name at the following address:

xxxxxxx

xxxxxx

xxxx

 

I received a letter regarding this account to my previous address:

xxxx

xxx

xxx

 

Upon receipt of this letter I contacted your offices and requested a copy of the agreement for this account or other details, which your advisor assured me would be obtained and forwarded to me with much haste. Clearly this did not happen as that phone call was made in September 2007. I hereby request that ALL FURTHER CONTACT BE MADE IN WRITING ONLY TO THE ADDRESS AT THE TOP OF THIS LETTER, ANY PHONE CALLS OR HOME VISITS WILL BE DEEMED AS HARASSMENT AND REPORTED AS SUCH TO THE RELEVANT AUTHORITIES.

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

Please supply me with a complete list of transactions and charges relating to my account history with your organisation. Alternatively, a complete set of statements for that account will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully,

 

 

[signature]

 

 

[name]