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florish

Just had a double default thanks to Lowells - What do I do now?

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I had a letter from Lowells a few weeks ago, stating they had bought a debt I owed from Shop Direct.

 

That surprised me, so I CCA'd them.

 

The next letter told me they were contacting Shop Direct for the CCA.

 

Then the next letter, stated that Shop Direct (Littlewoods Catalogue) didn't have a CCA, and that Lowell's were closing the file, and I wouldn't hear from them again, unless the CCA ever turned up - excellent, so I thought - end of the matter.

 

So today, I felt confident enough to check my credit file on-line, and was shocked to see that Littlewoods (Shop Direct) had defaulted me in January this year. I don't ever remember having an account with Littlewoods, and certainly didn't receive a default notice from then.

They stated that the account was opened in 1996.

 

Then further up the page, I discover that there is a recently added default from Lowells for exactly the same debt and same amount as the Littlewoods entry on my credit file.

 

Can they do this?

I am absolutely raging.

 

Can they just add defaults and duplicate defaults onto my credit file for no reason - especially as I'm certain I didn't have an account with them, and also as they can't prove I have anyway.

 

(a) What action can I take against them?

(b) How do I get them to remove these (false) defaults?

I'm not letting them away with this.

 

Thanks in advance.

Florish

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Lowell are a shower of sheeeeeiiiiiiiite and will add defaults to any account left right and centre. The ICO are clear that the oc should either maintain cra records or the dca should take the record over. There is no provision for both the oc and dca to maintain seperate records.

 

In the first instance, I think you need to send a sar to bot Littlewoods and Lowell to get all info about the account.

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I think you need to

 

1. Ask the CRA to investigate duplicate entries, and add a notice of correction saying you have no idea what these relate to whilst they investigate. Don't rely on them actually doing anything though.

2. Write to Lowells telling them to remove the entry immediately. As always, send it recorded and give them a timescale to respond.

3. Write to Littlewoods asking for proof that the account is yours or immediate removal of the entry. Make it absolutely clear that you have never had any sort of account with them. Again send RD and give a time limit.

 

I have experience of getting defaults removed. If you're interested, there's an account here http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/173208-successful-court-action-default.html. I never expected to have to take it all the way to court, which was a mistake. I wouldn't recommend starting down this path if you're not prepared to go all the way. On that basis you should write every letter on the assumption that it will at some point be read by a judge. Keep it factual and very polite.

 

I'm not convinced that a SAR would serve any purpose at all at the moment since you're sure the account is not yours.

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RMW

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

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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.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Thnk you for your replies.

I'm not letting them away with this if I can help it.

I'll let you know how I get on

 

Florish

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I've just noticed that the default date on the Lowells 'Default'

is exactly the same date as the Shop Direct 'Default'

January this year.

 

Does that make any difference?

 

So basically two defaults - one by Shop Direct and the other by Lowells, both for the same alleged debt and both defaulted on the same day.

 

Seems so wrong.

 

Florish

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I've just noticed that the default date on the Lowells 'Default'

is exactly the same date as the Shop Direct 'Default'

January this year.

 

Does that make any difference?

 

So basically two defaults - one by Shop Direct and the other by Lowells, both for the same alleged debt and both defaulted on the same day.

 

Seems so wrong.

 

Florish

 

 

no difference follow the advice above

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Just to let you know that a few days after my last post on this subject,

Shop Direct removed the default they had put on my credit file, without me having to contact them.

 

I then wrote to Lowells asking them to remove their default (letter based

on what reallymadwoman wrote in her post), and a few days later Lowells had indeed removed the default.

 

A good result, thanks to everyone who posted on this thread.

 

Florish

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Nice to get a good result so easily, and thanks for letting us know.


RMW

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

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