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hbos won/default removed/now lowell default


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http://www.consumeractiongroup.co.uk/forum/halifax-if-successes/116741-halifax-default-credit-agreements.html

 

 

this is a link to my original thread

 

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

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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

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Its Time To Put The Leeds Loosers In There Place

 

Comments Please And Is Lowells Address Correct

 

lowell Group

Enterprise House

1 Apex View

Leeds

Ls11 9bh

 

letter Before Action

 

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

Edited by postggj
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This should be the bits you need

 

  • The Claimant respectfully seeks;

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

"If you want my parking space, please take my disability" Common car park sign in France.

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this is interesting

yesterday, i sent the above letter to lowells by email

it got returned

strange as i got it off there web site

 

[email protected]

 

sent today by special delievery

 

You could try [email protected]. I eventually got a reply after sending an email here a week later - in the post:rolleyes:

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I NEED SOME SERIOUSE ADVICE ON THIS

 

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

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just got this email

 

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.

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this is interesting

 

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

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some advice please

 

i have lowell by the nuts and they know it.

this time i would like to have the litigation thrown at them for a change.

 

now as lowell have addmitted the error and have corrected there mistake, how would this look in court for me

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I may be going down this road soon so I would be interested to find out if you can still take court action against these thugs.

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