Jump to content


thepalace1 v's Lowel Portfolio - Default 1 of 2


Please note that this topic has not had any new posts for the last 3617 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

As advised by car2403 on this thread, post number 4

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?296249-Help-with-County-Court-Claim-Form&p=3315557&highlight=#post3315557

 

I am starting out to remove defaults from my credit file, where the companies placing defaults, had either;-

 

a) No signed valid agreement in force

b) a dodgy DN

or

c) No prior express consent to process my data

 

this thread is concerned with all 3 points above

 

Lowell have 2 defaults on my file, so this thread will be involved with default number 1.

 

Said default was placed on my credit file at Equifax on 26/04/2008, with Current Balance standing at £154 and delinquent/default balance standing at £79.

 

Today I have sent a CCA request and my £1 worth to them at their registered office in Leeds, and have given them the mandatory time frame to comply,

 

What should I do if they fail to comply, they will not send a completed signed agreement because NONE was signed, the OC was Littlewoods.

 

I never gave them permission to process my data, nor did I to Littlewoods, the order for goods was taken out over the phone, and at no point did they ask my permission to process my data to third parties or CRA'S, and I never signed any credit agreement.

 

Will there be any chance in a court of persuading the judge that the permission required under law and by virtue of The Data Protection Act was never given or implied.

 

I am not bothered about court fees in the first instance to initiate any claims, as I am on a low income and am able to claim help with the costs.

 

What does bother me are the costs I could be liable for if I lost.

 

This saga regards Default 1 will probably go on for some time, so here is my thread, any help along the way would be welcomed.

 

thepalace1.....

Link to post
Share on other sites

it is possible to have a go and have the defaults removed though it is difficult, the problem is is that although the paperwork is either not available or it is unenforceable the debt in effect does exist, i think it would be difficult to persuade a court that the default is illegal, as they would argue that you had the money/goods, etc. you could be opening a can of worms for yourself

Link to post
Share on other sites
it is possible to have a go and have the defaults removed though it is difficult, the problem is is that although the paperwork is either not available or it is unenforceable the debt in effect does exist, i think it would be difficult to persuade a court that the default is illegal, as they would argue that you had the money/goods, etc. you could be opening a can of worms for yourself

 

I get what your saying, and thank you for your advice, but

 

How could a court fail to uphold the meaning of the Data Protection Act, and state just because I had the money/goods? you have a default, when I never agreed to them sharing the data, if I don't agree to the sharing they cannot share, unlike CCj's, IVa and Backruptcies, which they have a right to share (the cra that is) without my permission, the others, as agreed by one CRA's themselves in an email to another cagger (I will find the post, can't at the moment) stating they have to comply with the DPA and if no consent, then no data

Link to post
Share on other sites

i totally agree and their are caggers on here who have tried to go down this route and i believe there have been a couple of victories on this point i wish you luck but think you may have a difficult battle

Link to post
Share on other sites

I admire your determination, but as d4g says it will be almost impossible to do. The Debt Collection/Banking industry thinks it is a law unto themselves, the CRAs' are their 'Best Buddies' and what Government departments that still exist should/could be doing to regulate the industry is almost non-existent. Yes, the laws/guidelines exist, and yes, in reality most of what you are saying should be possible, but the reality is it is not a fair world and as is the case in all walks of like there will always be a big divide against the haves and have nots.

 

All we can do in reality is complain, complain, complain to all relevant people and hope that one day the sheer number of complaints will force some kind of action.

 

Rant over

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

I have just received this reply from experian

 

Thank you for your response.

 

As you can see we received a response from Lowell Group below following your dispute. As the company have not provided any authorisation for Equifax to amend or remove this data, this remains unchanged. The company are not obliged to provide Equifax with documentary evidence to support the dispute response so I would recommend that if you require any other details or documentation about this account that you contact the company directly.

 

If you'd like to pursue your complaint about this I would suggest you do so in writing to either the Information Commissioner's Office or the Financial Ombudsman Service.

 

 

can anybody tell me if there stance regarding not needing evidence from the oc is correct, surely they need proof to be able to figure whether the data is accurate or not

Edited by thepalace1
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...