Lowell Porfolio Assistance Needed Please

[BaffledBaffled]

Hi All,

 

I have sent the CCA request letter and have heard nothing from them now for 2-3 months!!

 

What do I do next?

 

Can I write to them demanding that they remove the entry off my credit record as there is no proof of of a credit agreement....or do I just leave it?

 

Does this mean the debt is unenforceable now.... even if they find an agreement in say a week or so?

 

What is the position?

[silverfox1961]

Hi,

While no agreement exists, the Leeds Losers can do nothing to enforce the debt however they will continue to mark your credit file

 

It doesn't matter how long it takes them to find but once they do and if it's a good un', they can start to enforce again.

 

Just because there is no proof of agreement doesn't say there isn't a debt

[BaffledBaffled]

yes, but conversely if there is no proof of a debt how can a distinction be made between a debt excisting or not? There must be a way of getting it off my credit file if they cannot show that a debt exists.

 

otherwise that means I can have an entry put on your credit file whether one exists or not.

 

sorry, i dont mean to be padantic but I dont understand how it works otherwise!

[BaffledBaffled]

I have just found this letter before action on one of the forum pages, however, it relates to a bank. Do you think that might be adapted so that I can send it to Lowell Portfolio?

 

Your address

Your bank's registered address

 

 

Dear Sir/Madam

 

Account Numberxxxxxxxxxxx

County Court Claim Number - xxxxxxxxxx

Date Issued:xx/xx/xx

 

Letter before action

 

Notice that you have reported data about me which is in dispute contrary to your obligations under the Banking Code and in breach of the account contract.

It has come to my attention that, on thexxxx/xx/xxcies despite you and your legal representatives being fully aware that this sum has been in dispute [since my letter of the (date of your preliminary letter) and has been the subject of my county court claim against you since the (date your county court was deemed served) which was stayed at your legal representatives request on (date of your stay) pending the outcome of the test case] or [because the alleged debt is comprised of bank charges which have been subject of High Court litigation since July 2007 and to which you yourselves a party].

 

You have proceeded to make entries onto my credit file in breach of the Banking Code of Practice, in breach of your contractual obligations and in breach of the Information Commissioner's own guidance.

 

These entries are damaging and stressful to me.

 

If you wish to resolve this matter once and for all you should [instruct your legal representatives to request the stay that has been applied to my claim due to the high court test case be lifted and we proceed to a court hearing] or [you should agree to allow me to take you to court to have this issue decided by a judge and agree not to apply for a stay but to allow the matter to be heard immediately].

 

Failing this, I am giving you the opportunity to remove this unlawfully placed information from my credit file. Please confirm to me in writing within the next 14 days that you have removed all entries relating to this matter

 

If this is not done within 14 days I shall issue a county court claim against you to seek an order for removal of the entry and such compensation as the court may award, without further notice to you.

 

In any event, I am making an immediate complaint about this breach by you of the Banking Code of practice and of your statutory obligations to the Banking Code Standards Board and to the Information Commsissioner

 

 

 

 

 

Yours faithfully

[PGH7447]

yes you could amend it, however if they dont do anything you then have to follow your intention of court through