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Breezico

Lowell Portfolio I / Red Debt Collection - How can I PERMANENTLY get them off my back?

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Hi All,

 

 

Please can someone help with the following nightmare?

 

I had a Barclaycard from 1995 to 2006, when I paid it off and closed it.

I heard nothing further from Barclaycard; I was on the electoral register at my new home and had made no attempts to hide.

 

In November 2007 I received a demand from Lowell Portfolio I on Barclaycards behalf saying that they had 'tracked me down' and I still owed £1401, I can't find the actual proof of payment as it had been paid off a long time before, I therefore send the (CAG) letter acknowledging no such debt and requesting a copy of the original signed credit agreement. I had no further reply until this week when Lowell firstly sent a new demand, which was laid out like an account statement. I re-sent the letter from 2007 requesting the original signed agreement and they have responded with a letter from their 'Red' collection service saying they would send someone round etc...

 

I am now sending the letter to stop a debt collector visiting and the letter to say that the 12+2 days for Lowell to stump up the original credit agreement have now expired.

 

Please can someone advise on how to force Lowell to a) stop harrasing PERMANENTLY and b) remove these negative false details from my credit record?

 

Any advice would be greatly appreciated as this is causing a great deal of upset at home and I really need to get some permanent closure to this, even if it means taking them to court. I just do not want to give in to these bullies and pay £1401 to Lowell for a non existent debt.

 

Thanks Everyone.

 

 

Chris.

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Hi All,

 

 

Please can someone help with the following nightmare?

 

I had a Barclaycard from 1995 to 2006, when I paid it off and closed it.

I heard nothing further from Barclaycard; I was on the electoral register at my new home and had made no attempts to hide.

 

In November 2007 I received a demand from Lowell Portfolio I on Barclaycards behalf saying that they had 'tracked me down' and I still owed £1401, I can't find the actual proof of payment as it had been paid off a long time before, I therefore send the (CAG) letter acknowledging no such debt and requesting a copy of the original signed credit agreement. I had no further reply until this week when Lowell firstly sent a new demand, which was laid out like an account statement. I re-sent the letter from 2007 requesting the original signed agreement and they have responded with a letter from their 'Red' collection service saying they would send someone round etc...

 

I am now sending the letter to stop a debt collector visiting and the letter to say that the 12+2 days for Lowell to stump up the original credit agreement have now expired.

 

Please can someone advise on how to force Lowell to a) stop harrasing PERMANENTLY and b) remove these negative false details from my credit record?

 

Any advice would be greatly appreciated as this is causing a great deal of upset at home and I really need to get some permanent closure to this, even if it means taking them to court. I just do not want to give in to these bullies and pay £1401 to Lowell for a non existent debt.

 

Thanks Everyone.

 

 

Chris.

The last statement of your Barclaycard should show the payment. Have you requested this from Barclaycard and asked them what is going on.

 

You could also write to Lowell, advising the date that this account was closed, refer them back to Barclaycard.

 

If Barclaycard will not give you the last statement, then maybe the only route is SAR, but that will cost you £10

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Hi Chris, what a nightmare for you. I don't know how to get them off your back permanently, I'm sure someone with more knowledge will come along soon to advise you. You have done all the right things so far, perhaps report them to the Information Commissioners Office for defaulting on the CCA request? It might be an idea to send Barclaycard a subject access request asking for copies of all statements as well.

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Letter Before Action

 

Dear ###########,

 

I am putting this account into formal dispute as I am unsatisfied with your response dated ######. I shall outline the basis of my complaint which I shall be seeking to address with the Information Commissioner, the Office of Fair Trading and the Financial Ombudsman Service.

 

Point 1 – Consumer Credit Act 1974 breach

 

It's clear from your correspondence that you have purchased a debt from ##########. Under section 189 of the Consumer Credit Act 1974 it is clear that this is an assignment of both rights and duties. Therefore the same obligation and timescales apply whenever a particular request is made; the Act is rigid on this point. Under consumer credit law it states very clearly in section 77/78 that you have 14 days (12+2) in which to respond to a Consumer Credit Act request which is a statutory obligation. Since the ######### you have been in default of this request. Considering that the Act considers your company the assignee of both rights and duties, it is your obligation to provide this. This of course cannot be disputed.

 

Therefore there is a case for me to take this to court to seek damages for the vexatious and damaging information recorded on my credit file which has, in turn, affected my credit rating. I will take this action should no satisfactory conclusion be reached.

 

Point 2 – The actual complaint handling process

 

Since the ########## you have failed to provide a consumer credit agreement. This is #### days since the request was made (at the time of writing) and #### days over the prescribed time period set out in the Consumer credit Act 1974 (amended 2006). This is more than ### months in which to resolve the issue which is clearly appalling behaviour. I have written in to complain, and complained over the telephone, to no real conclusion of the matter.

 

As it stands there is no credit agreement and no proof I ever entered an agreement with the original creditor. Under the terms of your membership with the Credit Services Association it clearly sets out how a complaint should be handled and how you should handle statutory requests. For the breaches aforementioned and for the inexcusable consumer complaints procedure I will consider writing to the Credit Services Association and recommend an investigation of your company for non-compliance with their code of practice on this particular matter. I have attached a brief summary of what the Credit Services Association states in their code of practice:

 

3. 3. Complaints

 

A) A) Each member shall have in place adequate processes to deal with debtors or client com*plaints; this must contain the following minimum procedure:

 

I.i. The Management level at which complaints are handled.

II.ii. The time frame in which complaints are handled.

III.iii. The remedy, if the complainant is not satisfied.

IV.iv. Complainants must be advised that one of the remedies is referral of the complaint to the Association where appropriate.

 

B) B) Members shall deal with complaints speedily, responsively, in a user-friendly fashion and at an appropriate management level.

 

C) C) Member’s complaints procedures must be made available to the complainant or his/her advisor on request.

 

Point 3 – Data Protection Issues and Section 10 Notice

 

 

You have thus far been unable offer anything that would be admissible in court and certainly anything that could possibly convince me that I owe your company money. The onus is on you to prove I owe it and not for me to prove that I do not; this is precedent in law and a tried and tested principle in the legal system. Therefore it is prudent for me to seek a court directive to order you to produce an example that I owe the money you are chasing, to prove we have a contractual relationship that allows you to process my data in accordance with the Data Protection Act 1998 and of course seek damages for the breaches.

 

For my own piece of mind, in order to check your claims to this debt, I contacted the original creditor and they came back to me with some interesting documentation from a Subject Access Request I made in accordance with the Data Protection Act 1998. Specifically they did not send me any documentation referring to a notice of assignment on the account you are chasing and neither have they sent me any documentation which refers to me defaulting under an agreement with them. Interestingly enough they have also failed to provide a copy of the credit agreement you state they should have. Under section 136 of the Law of Property Act 1925 it states:

 

Legal assignments of things in action.

 

- [/b](1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice-

 

(a) the legal right to such debt or thing in action;

(b) all legal and other remedies for the same; and

© the power to give a good discharge for the same without the concurrence of the assignor:

Therefore under this Act I believe you have absolutely no contractual provision to seek collection on this debt as there are no copies of any contract that existed between me and the creditor you purchased this debt from. On that basis, the fourth principal of the Data Protection Act 1998 states that all data must be accurate and up to date. By your own admission, you do not have a copy of any agreement signed by myself or otherwise or a notice of assignment from the original creditor; therefore, any data you process about me would be regarded as inaccurate.

 

Due to you not having my permission to use my data, I require you to remove and destroy all the information you hold with immediate effect. This request also means that you contact all credit reference agencies and third party organisations that you have disclosed information to and make representations to the effect of removing such data.

 

Under the terms of this request you have the opportunity under section 10 to respond to it which I have taken the liberty of providing for you below:

 

 

10 Right to prevent processing likely to cause damage or distress

(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice

(a) stating that he has complied or intends to comply with the data subject notice, or

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

 

Please note under this section of the Act I require you to confirm in writing under what provision you are recording my data with the credit reference agencies, any other third party and why you are continuing to retain my data on your records. It is not acceptable to simply state “The Data Protection Act 1998” in its entirety; as you can see under 10.3 (b) you have to provide the reasoning behind the processing of my data. This would involve a signed contract in which I allowed you to process my data or some other form of legal reasoning behind the processing of my data which would stand up in court.

 

This must be provided within 21 days of receiving this notice. However to allow for postal delays I shall allow until the ###### to receive either your compliance with section 10.3(b) or 10.3(a) confirming your compliance and the date to which you will write to me with a response in line with your official complaint procedures which, may I remind you, I requested a copy of some time ago and have yet to receive.

 

For the avoidance of doubt please note I will take legal action on this matter unless it can be amicably resolved. This will undoubtedly waste the courts time as it is clear in my mind that you have no contractual provision to process my data or demand financial reimbursement for something you have no legal claim to. This will also involve considerable time and costs for your company in dealing with this complaint. Therefore the easiest thing to do would be to remove my data from your databases, credit reference agencies and third parties OR return the account to the original creditor so that I may take up the dispute with them. Either way you still have no legal assignment to this account and it would be in everyone’s interests to remove my data from the records in the manner suggested above.

 

Please note I am referencing your responses in line with the Office of Fair Trading Debt Collection Guidance, the Credit Services Association Code of Practice, the Data Protection Act 1998, the complaints guidance from the Information Commissioner, the Financial Services Authority terms and the Consumer Protection from Unfair Trading Regulations 2008.

 

If you do not understand this letter I suggest you seek legal advice as soon as possible. I also recommend this is forwarded to the data protection officer for the company for them to consider the implications of recording vexatious and unsubstantiated personal data about me.

 

The deadline for the cessation of data processing, for the avoidance of doubt, is the ##########.

 

If this is not resolved by that time I will seek to enforce the decision through the appropriate channels which will no doubt needlessly waste the businesses time as it is clear there is no contractual provision you could produce in court to back up your claim to the debt. In addition the courts time being wasted is an equally poor use of resources. However, I have given your company enough chances to be honourable and there has been abject failure upon failure. I trust this will be handled with the seriousness it deserves.

 

Yours faithfully,

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There's a recent letter I drafted which sorted out my problems... just change the dates/timelines/lengths etc and sit back and wait :)

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Oh and the part about the SAR? Don't worry if you haven't done it... it is of no consequence to the company who now owns the debt... if they do not have the documents and they have bought it they should have the docs... you are not legally tied to this statement... it just makes it looks as though you have done the donkey work and that they are in a weaker position... it's a bluff in other words and puts the ball in their court :)

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Thanks guys,

 

I shall give them a week to respond to my 'failure to respond to CCA' letter then lodge as many complaints as I can, starting with the Information Commissioners Office, the OFT and their local trading standards office...

 

I sued Barclaycard back in November for unlawful penalties, which totalled nearly £1100, but Barclaycard said they would knock it off the balance; there was no balance to knock it off, but there has been a stalemate situation ever since...

 

I paid Barclaycards collection service 'Mercers' back in 2006, but can't find any details and is quite likely they have been lost when I moved. Barclaycard are being extremely unhelpful and won't look into it, although they have now seemingly vanished from my credit report.

 

The statements from my SAR to Barclaycard don't show the final payment as it was paid to mercers; Mercers are also tight lipped on this. The fact is I paid Mercers but somewhere between Mercers, Barclaycard and Lowell they seem to have lost my payment, for sometime Barclaycard were lodging on my credit report with the original balance, minus what I sued them for, then they disappeared a few months back when they must have realised they had sold the debt on.

 

So, in addition to the original payment to Mercers going missing Barclaycard have now 'disappeared' the £1100 I had sucessfully sued them for!!!

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Wow! Quality letter, thanks for that VJohn, I shall get the ball rolling with this. I am determined to get rid of these vultures asap. Why don't these Lowell guys just go out and find a propper job..!

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has lowell put a default on your credit file

what is the date

mercers are barclaycards in house dca

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how did you make the payment to mercers to close the account

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I think I paid Mercers by cheque; basically I had quite a few to pay off when my house sold so lost a lot of the details...

 

Lowel entered a default on my credit record dating 17/05/2006, then it took 18 months for them to bother to contact me and tell me they had done that...

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your bank will be able to confirm

ask for copy statements

if they try the old trick of a fiver a statement, say you will sar them

 

if you bank with barclays, they will give all your past statements for a fiver

ive just done it

 

just ask for 12 months statements will be the best bet

six months before house sale

six months after

 

if they have put a default on your credit file with no good cause,

 

i got 300 quid out of them in my case after i issued a claim against them

out of court settlement

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Hi People!

 

I seemed to have knocked Lowell / Red back with the responses you guys have shown me, I have had some replys from Lowell and was hoping you could give me some advice on how to pursue this through court to get rid of them (and the default on my credit score) perminently.

 

When I sent the CCa request I received the following:

 

'Following your recent request to be provided with a copy of the original credit agreement in respect of the consumer credit act I can confirm our client Barclaycard has requested that your credit agreement be retrieved from archive.

Once your agreement is retrieved you will be required to repay the outstanding balance in full. If deemed necessary, we may initiate legal proceedings which could eventually see your outstanding balance increase due to court costs and interest.

I then responded with the wonderful 'Failure To Provide Credit Agreement' letter that VJohn kindly posted on this thread, after the alloted 12+2 days. Lowell replied as follows:

 

'We have noted your comments and can advise that, under the terms set out by The Consumer Credit Act, a creditor has an initial twelve days to provide the documentation requested. After this time limit has passed your account is placed on hold and no collection activities will take place until such time as the requested documentation has been provided.

You will, however, continue to get updates from us with regards to this request.'

...Stalemate once again....

 

At the same time as this was going on I reported my problem to CreditExpert.co.uk, as I have been trying to fix my credit score through them. They made the relevent enquiries and complaints but Lowell has come back with a refusal to remove the default that they put on my account as they insist they are correct in doing so.

 

My deadline for Lowell to back off in the 'Failure To Provide Credit Agreement' letter is 11th September. Please can someone advise as how to proceed from here, through complaining and court action?

 

Any help would be a godsend!

 

Thanks Everyone.

 

 

Chris.

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If you paid Mercers off, then a SAR sent to whoever you held the bank account with should show the payment record......they should reveal at least the last 6 years statements....And a SAR to Mercers may also show the payment....


PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

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If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi Again Guys N' Girls,

 

Lowell have now sent a 'we give up...FOR NOW!!!' letter, which reads:

 

'We refer to your recent request for a copy of the original credit agreement for this account.

 

After liaising with Barclaycard in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless a copy of the agreement is received at some point in the future from Barclaycard.'

 

Surely now there should be some leverage to get the default removed from my credit record? I have tried the SAR route but Barclaycard are not showing it as received, as I paid Mercers debt collection agency in 2006, also Mercers haven't been able to locate it either.

 

Does anyone know which complaints route I should go through to try and get these guys to behave?

 

I have also just had a Lowell Statement letter / Red Collection letter volley through the letter box, which gives me the distinct impression that now I have followed it through and made them give up, they are going to start again right back at the beginning...crazy....

 

If anyone can advise on a legal route or complaints route to go down to help with getting rid of the default it would be greatly appreciated as they are driving me mad!

 

Many Thanks

 

 

Chris.

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Hi Again Guys N' Girls,

 

Lowell have now sent a 'we give up...FOR NOW!!!' letter, which reads:

 

'We refer to your recent request for a copy of the original credit agreement for this account.

 

After liaising with Barclaycard in an effort to obtain this document we have been advised that it is no longer available due to the length of time since the account was opened with you.

 

At this time we have closed our file and will not make any further contact with you concerning payment against this account unless a copy of the agreement is received at some point in the future from Barclaycard.'

 

Surely now there should be some leverage to get the default removed from my credit record? I have tried the SAR route but Barclaycard are not showing it as received, as I paid Mercers debt collection agency in 2006, also Mercers haven't been able to locate it either.

 

Does anyone know which complaints route I should go through to try and get these guys to behave?

 

I have also just had a Lowell Statement letter / Red Collection letter volley through the letter box, which gives me the distinct impression that now I have followed it through and made them give up, they are going to start again right back at the beginning...crazy....

 

If anyone can advise on a legal route or complaints route to go down to help with getting rid of the default it would be greatly appreciated as they are driving me mad!

 

Many Thanks

 

 

Chris.

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/222663-cras-ocs-credit-ref.html

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