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littlefatbudha

response to Capital One CCA

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What they have sent doesn't comply with S78.

 

What they have sent is certainly issued after mid 2006, when did you take the agreement out?

 

David

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It states on my Experian file , that account started 10 October 2006.

Also ,what follow up letter shall i use in reply to this,thanks.Steve

Edited by littlefatbudha

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It states on my Experian file , that account started 10 October 2006.

Also ,what follow up letter shall i use in reply to this,thanks.Steve

 

The T&C's then are probably correct.

 

What you do next really depend on your situation, is the account in arrears, has a default been issued etc.

 

David

forumbox_top_left.gifforumbox_top_tile.gifforumbox_top_right.gifforumbox_left_tile.gifCredit Report Click link to open in new window.

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Hi there, yes the account is in arrears, have not paid in over a year now, naughty i know, but was burying my head in the sand at the time.

There was a DCA chasing the debt,but gave up and recently gave it back to Capital One.

They have defaulted me,even though i dont recall receiving a letter, but there is a defult on my credit file from them.

What should i do know, please advise me,thanks Steve.

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Send the account in dispute letter if you haven't already.

 

As they have already defaulted you and court action is extremely unlikely with this shower, there is not a lot they can do now.

 

David

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Forgot to send letter of dispute will post later, received reply from last letter re:CCA not received,

 

capital1.jpg

 

 

capital2.jpg

 

 

I have not heard any gob or replies from any other company re: CCA requests,

infact all the others have gone very quite !

Edited by littlefatbudha

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Lowells now have this, i have not received a correct notice of assignment, as required under the law of property act.

The account was already in dispute with capital one when it was apparentally sold to lowells.

The default on my account now shows lowells instead of capital one, even though i never received a default notice, and lowells have failed to supply an agreement under the cca request.

Have been complaining to experian, and they have sent this:

Dear Mr

 

Thank you for your email, which we received on xx xx 2010.

 

RE: Lowell Portfolio

 

SUMMARY:

 

- Please note that if a company cannot provide you with any actual evidence of your initial consent or agreement this does not necessarily mean that they have to remove the data from your credit report. For example, if a company can demonstrate that an account was being paid on time for a number of months prior to falling into arrears this is often seen as evidence that the individual concerned must have consented to open the account and the terms and conditions of the contract.

 

- We are unable to arbitrate in a dispute between you and a company regarding whether they have complied with a specific piece of legislation.

 

- Given your comments, we have previously raised a query with Lowell Portfolio to check that the information they have supplied to us is accurate. As they have confirmed that this information is correctly recorded, we are unable to amend this information.

 

- The companies who provide us with information are required to hold a Consumer Credit Licence. They are also obligated under the Consumer Credit Act 1974 and Data Protection Act 1998 to ensure that the information they provide is accurate and up to date.

 

- The credit industry is regulated by the Information Comissioner's Office and as a credit reference agency, we are not required to obtain detailed forensic evidence to confirm that every piece of data we receive is accurate.

 

- The accuracy of the information we hold is very important to us. We cannot check the accuracy of each piece of information we receive but we do carry out many important checks. These include whether names and addresses are complete and correct and whether monthly updates to existing credit accounts are consistent with information the lender previously sent to us. We report any discrepancies back to the lender.

 

 

WHAT NEXT:

 

- If you believe that you have never held an account with Capital One, then I would recommend that you communicate this directly to Lowell Portfolio.

 

- You may also wish to contact the Information Comissioner's Office at the following address for further clarification:

 

The Information Commissioner: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

 

 

FURTHER INFORMATION:

 

- Having 24 hour access to your report gives you the advantage of being able to see your information as it changes. As a member you are able to speak to our reports team with any queries you may have about the information on your report.

 

- If you have lived at any other addresses, you can add these to your report profile online. You will then be able to view all of the information that we hold in your name at the addresses provided.

 

Kind regards

 

 

Senior Consumer Service Officer

 

Customer Support Centre

Experian Interactive

Edited by littlefatbudha

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Have received reply from low lifes.

I have been threatning court etc, re default on credit file, and many other things.

They keep stating that they own this debt, but according to the letter, they keep refering to capital one as their clients.

If this was sold to lowells can they sell back to capital one.

IMG-18.jpg

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Like so many cases with DCAs, and debt-collecting solicitors, many of these companies keep stationery for each other. When Capital One passed me to Lowells both their letter and the letter from Lowells were in the same envelope. :rolleyes:

 

They shouldn't have passed it on when it was in dispute and I complained to FOS and away went Lowells, and I haven't heard a word from anyone since. (I hate saying that - it usually means a letter in a week from someone in a week. :mad:)

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Thanks Daniella, for the reply.

I have been searched by lowells whilst the account was in dispute with them, twice in one week and one a few months ago.

Why if the information they have provided is correct as they stated to experian(letter above)then are they giving it back.

I am sure that i read somewhere that if the debt is sold(as stated by low lifes)then it cannot be given back to original creditor.

Also i guess i should fire this letter of to experian as well and perhaps, TS, OFT and ICO.

I have also asked for thier complaints proceedure to which i have not received.

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I've just opened the pdf files on your first post. Is that it? No application form and nothing with your signature at all?

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That is all i ever received from capital one, did send account in dispute letter to them.

They apparentally sold the account to lowlifes a few months down the line.

I have had enough of all the defaults on my credit file, i have never received one from any of the companies dca or oc.

Capital one also state in pdf letter that the default was issued on 29 th june 2008 which was a sunday !!

Lowells state that they did not put default on there, it was placed by original creditor, but as far as i am concerned it is showing low lifes name, also there are about 15 x £12.00 charges included into the amount they state i owe.

Edited by littlefatbudha

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Well, without an agreement, they won't be doing anything.

 

If you hear from them again I would write to them asking them to state categorically whether or not they have a signed credit agreement. They are doing a few cut and paste jobs at the moment though, so they may come up with something. Then you can say you want to visit them to inspect it. :D

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thanks, i like the part in the reply letter from experian which states "

- The credit industry is regulated by the Information Comissioner's Office and as a credit reference agency, we are not required to obtain detailed forensic evidence to confirm that every piece of data we receive is accurate."

But surely if you dispute it ,then it should be removed until proof received

As i stated to experian it was incorrect, that is why low lifes are apparentally passing back to OC.

lowlifes told experian it was correct, without proof or any documents, and have not been able to comply with the CCA request and without this documentation, how can they tell experian that the details they have supplied to CRA are correct.

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You are absolutely right, and there are people fighting this issue.

 

If they have no agreement they do not have your agreement to share your data with the CRAs. Unfortunately they are known for just ignoring this argument.

 

That quote is outrageous. Can you imagine if that logic was applied to the criminal justice system? No proof - but we'll ignore what you say and lock you up anyway. :mad:

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Makes you think what proof they actually need from dca's, untill somebody sues the CRA and the DCA's to the full extent of the law then they will carry on regardless.

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I'm subbing to your thread Buddha. Thx.


Mozzone

_______________

Taking on the bloodsuckers

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I have a question !

If lowells own this as they state, and the account has been put into dispute with lowells, can they still sell back to capital one, or are they stuck with it now.

I want to claim charges back on this alleged account, so will lowell have to pay.

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This is a very murky area. I had a run in over this and reported them both to the FOS. Capone said they had sold it Lowells and wouldn't be taking it back. Lowells sent it back to them anyway.

 

You could write to Lowells and ask them to confirm they own the debt as you wish to claim back the charges from them. That should get an interesting response. :)

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I sent a letter under civil proceedures rules, for a signed copy, as i wanted to know if i had been missold ppi, and wanting to claim back charges, this is when i received the letter saying they were passing it back.

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Have just had a reply from experian.

I sent letter explaining that the information shown on their files is incorrect, and that i am considering legal action against lowells for unlawfuly processing my data, and that i may call experian as a witness, as Consumer direct stated that i could take lowell to court for not complying with a legal request of cca

I never once threatened experian, but their reply seems to be very shirty.

mr

 

Thank you for your email, which we received on June 2010.

 

I have noted your comments regarding the Lowell Portfolio account entry and would like to begin by explaining that the Data Protection Act 1998 stipulates that we have an obligation to ensure that we take 'reasonable steps' to maintain information on our database that is accurate and up to date.

 

All of our clients sign up to strict terms and conditions within their contract that require them to make sure that all the data they submit is accurate prior to providing it to us. Our regulator, the Information Commissioner, considers that this is having taken 'reasonable steps'.

 

We also have over 200 generic checks in place to check the overall consistency of the data that we receive and a specialist department dedicated to running these necessary checks prior to loading the data to our records. This is because it is not possible for us to individually check each item of the data. This would involve going back to the company and asking them to check information that, as far as we are concerned, they have already confirmed to be accurate by sending that data to us.

 

I would also like to take this opportunity to explain to you in full the processes we have in place when an individual queries the accuracy of an entry recorded on their credit report.

 

Under Section 159 of the Consumer Credit Act 1974, you have the right to query information on your credit report that you believe to be inaccurate, once you have received a copy of your report.

 

You may wish to refer to the relevant legislation below that outlines the process we adhere to when dealing with disputed information.

 

CONSUMER CREDIT ACT 1974

 

159 Correction of wrong information

(1) Any individual (the ?objector?) given-

(a) information under section 7 of the Data Protection Act 1998 by a credit reference agency, or

(b) information under section 158,

who considers that an entry in his file is incorrect, and that if it is not corrected he is likely to be prejudiced, may give notice to the agency requiring it either to remove the entry from the file or amend it.

(2) Within 28 days after receiving a notice under subsection (1), the agency shall by notice inform the objector that it has-

(a) removed the entry from the file, or

(b) amended the entry, or

© taken no action,

and if the notice states that the agency has amended the entry it shall include a copy of the file so far as it comprises the amended entry.

 

I also draw your attention to the fourth Data Protection Principle, which states that:

 

Personal data shall be accurate and, where necessary, kept up to date.

 

Within Schedule 1, Part II (Interpretation of the Data Protection Principles) of the Data Protection Act 1998 it is explained that, as a credit reference agency, we are not considered to have breached the Act by querying the disputed information and adding a Notice of Dispute statement.

 

7. The fourth principle is not to be regarded as being contravened by reason of any inaccuracy in personal data which accurately record information obtained by the data controller from the data subject or a third party in a case where-

(a) having regard to the purpose or purposes for which the data were obtained and further processed, the data controller has taken reasonable steps to ensure the accuracy of the data, and

(b) if the data subject has notified the data controller of the data subject's view that the data are inaccurate, the data indicate that fact.

 

Our regulator considers our action to query disputed information with the data provider as taking additional steps to verify the accuracy of the entry and by adding a statement to this effect to your report we are recording your viewpoint that the entry is inaccurate. Therefore, we were choosing to take no action with regards to your initial request to remove this information from your report. Should you wish to verify this you can contact our regulator at the following address:

 

The Information Commissioner's Office: Wycliffe House, Water Lane, Wilmslow, SK9 5AF

 

In view of this, I am of the opinion that we have acted correctly throughout this matter and in accordance with the relevant legislation. I remind you that under the terms of the Data Protection Act 1998, each lender that supplies us with information is obligated to ensure that the data is accurate and kept up to date. I hope this explains why we cannot act unilaterally to remove data from your report, especially when the company concerned has confirmed it to be accurate or has not authorised us to make any amendments, as in your case. Lowell Portfolio do not have to provide us with evidence of debt either when they first record the debt, or when they respond to our queries.

 

Furthermore, as we also have a responsibility to enable lenders to make informed lending decisions, I am sure that you can appreciate why we cannot amend information simply because the individual concerned claims that the data is incorrect. If we operated in this way, any individual could claim that all the adverse information on their report was inaccurate purely as a means of improving their credit report. This would put our clients at risk by enabling people to potentially obtain finance that otherwise would not be offered to them.

 

Because of this, if a consumer disputes information on their report we query this with the data provider.

 

The entry in question is still appearing on your credit report as Lowell have not made or authorised any amendments. The only instances where we would remove information without direct authorisation from the data provider is if a Court Order is provided that specifically states that an entry should be deleted or a ruling is made from a recognised regulatory body.

 

We are not obliged to furnish you with paperwork from the company concerned confirming any of the information recorded on your report, nor are they obliged to provide this to us even if we were to request this.

 

If you are unhappy with the outcome of the queries that we raised on your behalf, then I suggest that you take up this matter with the Information Commissioner's Office.

 

I hope that this helps to explain the processes we have in place for dealing with disputes between consumers and lenders and that the action we have taken was done so in accordance with the relevant legislation.

 

Based on my comments above, it is clear that in this instance, we have complied with your rights and fulfilled our legal obligations under both the Consumer Credit Act and Data Protection Act by querying the disputed information on your credit report. As we have not been authorised to amend this data I do not believe that you have a valid claim for redress from Experian, even if the data is ultimately amended as a result of any court action you may have with the company concerned.

 

This is because we are recording the data on the basis that it is accurate and we have taken additional steps to verify this. Therefore, I believe that if it later transpires that information is inaccurate in any way, your claim for redress should be directed towards the company who recorded the incorrect data on your report.

 

We have received several similar court claims and have been successful in having these struck out, as the cases were deemed to have no legal merit with regards to a claim against Experian. In each case we have been able to demonstrate that we have complied with the relevant legislation at all times. Consequently, the claimant has been left to pursue their claim directly against the company with whom they have a dispute regarding the data recorded on their credit report.

 

I trust that this clarifies our position. We will not be answering any further correspondence regarding the entry in question.

 

Kind regards

Edited by littlefatbudha

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