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How do I get a default notice on CRA removed?


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I recently found out - through my Bank (with whom I generally have an excellent relationship) - that although their own records indicated high credit worthiness, there was something on a CRA preventing them from allowing me a modest overdraft facility on a household expenses account. (Joint account with my wife, whose CRA rating is unblemished).

 

Having checked with the suggested CRA (Experian), and double checked with Equifax, I find there is a default notice against me for a Credit or Store Card listed against Lowell Portfolio.

 

Obviously I have heard of these jokers and their various alter egos - and believe that this can only pertain to a Capital One CC taken out by my (now) ex-wife in my name (we were married at the time).

 

Any ideas how and if I can get this notice removed from my credit record?

 

I'm thinking along the lines of demanding copy of signed CA from Lowell, and if this is not provided demanding of the CRAs that since there is no CA there can be no default.

 

Is this the correct approach? Will it work?

 

Any pointers much appreciated - and I will of course continue to do my own research on this brilliant site.

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Hi Bertram

 

Welcome to the gang! Hopefully a moderator will pick up on this thread & move it to the DCA thread. Currently fighting the losers from Leeds (one of Lowell's more affectionate nick names from the site) on a similar issue.

 

You're thinking along the correct lines but while this is achievable be prepared for a protracted process. From reading in the forums it is unlikely but NOT impossible that Lowell have a consumer credit agreement (also known as a CCA). Reading between the lines suggests that this may be a default on an older agreement? If the agreement start date is before April 07, this goes in your favour as the agreement needs to be signed (as well as have the prescribed terms) to be enforceable.

 

There are several ways to get sight of the CCA. A popular route used by many fellow Caggers is a process called a s.78(1) CCA request (there are templates in the library). For a £1 fee Lowell, the DCA, are legally obliged to provide you with a true copy of the CCA within a 12(+2) day time period. The problem with this approach is people are getting fobbed up with a right load of old cobblers, but again there are letters in the library to counter any issues (if you're background reading this will help enormously).

 

There's a very interesting thread that advocates the use of the Civil Procedures Rule (CPR) 31.16 - search for it; its well worth reading. Also there is a more expensive (£10) subject access request which takes longer to receive Ultimately, you'll need to decide which approach to take but wanted to flag up s.78(1) isn't the only route (although I'm using it on a couple of issues myself).

 

On the point of demanding the CRAs remove the information; you'll probably find this to be a waste of time for now. They will tell you only Lowell can change this data; although you may wish to consider putting them on notice (template in library) or doing an online dispute with them to get a notice of correction on the account. Please note that doing this will prevent automatic credit decisions & any notice you place on the files will stay there until you remove it (even if the DCA amend the file to your way of thinking!)

 

There are some fantastically knowledgable people using this site & people who have a hatred of all things Lowell; I'm sure they will contribute too.

 

Keep us posted on your progress & which avenue you decide to pursue them with.

 

Regards,

"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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Thread moved.

 
 

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I would request a CCA as suggested above (letter N HERE)

 

It is not an easy task to get a default marker removed.......it would probably involve taking the Leeds Losers to court (if there was no agreement in place).

 

On the plus side - almost all Cap1 CCA's are unenforceable, or non-existent ;)

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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