Forcing The Removal Of A Dodgy Default

[Breezico]

Hi All,

 

Please can anyone advise on this situation.

 

Lowell Portfolio I have been harassing me for 3 years over a Barclaycard bill that I paid off in 2006; Barclaycard / Mercers sold the debt on just as I paid it, but I can't find the proof that I paid it, so have been in a standoff situation. In Nov 2007 following CAG advice I requested the signed consumer credit agreement from Lowell and Barclaycard and they failed to provide both the CCA and notice of assignment. Lowell said they would leave me alone, which at the time was all I required. A couple of months later Lowell started again from square one, using their aliases of Lowell, Red Collection and Hamptons Solicitors, sending a couple of letters per week. I have recently noticed also that they never removed their default from my credit record.

 

I NEED to have the default removed now and also want them to go away once and for all, I re-requested that they find my signed CCA and notice of assignment and again Lowell and Barclaycard have had admitted they can't supply these.

 

I have now posted letters explaining that the debt is unenforcable and that the default they have entered is unlawful.

 

My question is what procedure do I follow to now take Lowell to Court to forcibly have them remove the default and stop harrasing me?

 

I would also want to seek damages for all the harrassment and for tainting my credit file without justification if possible.

 

If anyone can advise on the correct court procedure that would be great.

 

Many Thanks

 

 

Chris

[harrassed senior]

There are several threads on here about getting Defaults/Reporting removed from a Credit File. However, it is not simple enough to say you have paid. It is unfortunate, of course that you paid up just at the time the debt was passed on, however, for it not to have been reported as a default, you would have had to comply with the dates on the Default Notice.

 

I would suggest a SAR to Barclaycard. This should produce all the paperwork they hold on you, and include, hopefully the final payment you made. This, in my opinion is the first step towards proving that their entries on your File need to be updated.

[harrassed senior]

Have a read of this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?202386-Court-Action-Started-Against-CRA-and-Lowell

[Breezico]

Hi Harrassed Senior,

 

Thanks for your reply, I SAR'd Barclaycard back in 2007 and they could only provide statements which ended showing the closing balance when it was passed to Mercers. Mercers are denying recieving the money also.

 

I heard nothing from Barclaycard or Mercers for 18 months after paying the balance off, then Lowell came out of the woodwork with a balance of more than I had as a closing balance.

Thay have admitted that there is no notice of assignment or signed consumer credit agreement, but are dogedly determined to keep the default they entered on my account, probably as some kind of leverage to try and make me pay again.

I was led to believe that if the debt collection agency cannot provide written proofs that the debt is unenforcable and that entering a default on someone's credit report under these circumstances is unlawful.

Can anyone clarify on this at all?

 

 

Cheers

[harrassed senior]

Well, its' been tried before but you could try the following:

 

http://www.consumerwiki.co.uk/index.php/Data_Protection_Act_-_S10_Notice