Lowell default notice on statute barred ac. Help!

[jair1970]

Hey there

 

I';ll attempt to be brief.

 

I had a Barclaycard from my student days, was subsequently unemployed and couldn't repay it. Agreed a nominal monthly fee in April 03, then never heard any more, so didn't do anything with it. Got a mortgage in '06 and saw it was on my file with no default or anything on it. Eventually it dropped off the file.

By 2010, i'd figured it was statute barred and got 2 letters from Lowell Financial, I followed the blueprint and replied to them as such, they sent me back a letter along the lines of they won't be following this up and the matter is closed. (Annoyingly I can't find this exact letter rightnow).

 

Fast forward 2011, I make an application to remortgage. My credit file appears clean (999) yet there's a problem due to a linked address. I enter my old addresses (2000-2003/4) into experian and it throws up a Default on the account registered to Lowell Portfolio 1 ltd for 27/6/08 with an update to 4/7/10 (about the time my correspondence with Lowell ended).

 

Am obviously annoyed as I felt thought the matter had been dealt with. Should not the a/c have been placed in default many years before it was and by Barclaycard not Lowells? The debt is clearly statute barred so was it wrong for them to have a default attached to it? Can I get this default rescinded, 27/6/2008 means nothing to me!?

If, I presume, a default should have been filed at the latest in late 2003, are Barclaycard therefore at fault for not doing so? does this render any subsequent actions from Lowell to be untenable?

 

Any help would be gratefully received. I feel like if i'd have realised what a mess this thing would have got me in i'd have paid it off long ago. thanks

[silverfox1961]

Hi and welcome to CAG

 

Any default must be placed no later than 6 months after your first missed payment.

 

Write to Lowells and threaten them with court action if they won't remove the default.

 

Only do this if you are prepared to follow through

[jair1970]

Thanks for the speedy reply.

What am I looking at cost-wise or time-wise or chance of success-wise if I threaten court action?

 

Or if I threaten court action and try and call their bluff? What's the worst that can happen?

[cerberusalert]

Aslo make a complaint to the Credit Reference Agency & the ICO https://www.ico.gov.uk/Global/contact_us.aspx

[jair1970]

would it be worth just applying to the CRA and ICO?

[cerberusalert]

Under the Data Protection Act both Lowells and the CRAs are bound to record correct data so complain to the CRA and send Lowells a S10 notice as well as complaining to the ICO who are the body responsible for policing the Data Protection act.

 

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

[jair1970]

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Would I rewrite this section of the S10?

I've never been a Lowells customer per se

 

Thanks

[cerberusalert]

Yes edit it to suit.

[jair1970]

i've edited it to this:

Furthermore to my letter of May 2010,with regard to the above account, at no time did I consent to the processing by you of data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

The default attached to my credit file by yourselves constitutes incorrect data.

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Am I missing anything or including anything unnecessary?

 

Thanks

[cerberusalert]

That's fine.

[jair1970]

Just to finalise this if anyone ever needs such help.

 

 

Basically, I sent a message to Experian and they researched it, contacted Lowells and possibly because they were flagrantly out of order completely agreed to remove the entry on my file!

 

Maybe if it hadn't been so clear cut, a more heavy handed approach would have been necessary.

 

either way, Result! and many thanks to those who helped in this thread.