Equifax showing default from Lowell Portfolio - Don't know of it ........

[imogen_hun]

Hello everyone, hope your all well prepared for Xmas

 

Loving this site, getting help over on another thead at the moment regarding reclaiming by CC charges which I would have no idea how to do if it wasn't for the kind help of people on here.

 

I checked my Equifax report time, first time ever, and I have a few issues I need to deal with.

 

I have a default from Lowell Portfolio. Problem is I have never heard of them or dealt with them!

I Googled them and found they are a debt collection company, but I really dont know which debt they are collecting..... I have had letters from numerous debt companies over the years which I binned as I always tried to deal with the company I owed money to, not the debt companies.

 

So, with me having no clue what this relates too, and a big red mark and default on my credit file, is their any way I can find out what its all about or even get this account removed from my credit report.

 

In all honesty im shocked this is on my report and want it gone - will attach picture in next post.

 

As always, any help is greatly appreciated. Thanks Imogenx

[imogen_hun]

Edited December 23, 2011 by imogen_hun

[dx100uk]

no lowlife have brought an old debt of yours

and their name now shows against the 2007 default.

 

so what was the ORG debt for?

 

dx

[imogen_hun]

Hi Dx,

Aah, I see. I think the original debt may be for a store card I took out at USC, but not sure as I only spent around £40 on that card.

 

Can Lowlife show themselves as a creditor I owe money to on my experian report? Thats quite shocking as I have never signed anything with them

[dx100uk]

you really need to brush up a bit

bad debt is sold

DCA's buy the debt.

they try and get you to pay it .

 

as its £200 and prob all charges

 

i'd totally ignore them.

 

dx

[imogen_hun]

Thanks Dx. Would asking Lowell to provide a CCA be useful? As this would show me where the debt has arisen from, and if I actually did take it out.

 

Will carry on researching and post back here with any ways I can find of getting this removed from my credit card file.

[silverfox1961]

The golden rule is not to poke a sleeping dog. While a DCA hasn't contacted you, don't contact them.

[imogen_hun]

Hi Silverfox,

I would be happy to keep quiet and let it lie, but I desperately need to clean up my credit file within the next 6 months therefore want them to explain why this default is on my file in the first place. I guess I will have to contact lowell/ Experian to ask them both what its about and then dispute it.

 

I know its a risky strategy, but if I find I did actually owe lowlife or their masters I will just have to cough up the £201, however on the other hand if I find out the debt has nothing to do with me I will fight them to get it removed.

 

I guess I will probably send them a CCA tomorrow, anyone know the address for Lowell portfolio 1 ? Hopefully they wont be able to provide me with all the paperwork, plus I want to see my signature on this CCA.

 

Would a prove it letter be better ? Once I have sent a CCA or Prove it letter can I contact Experian and tell them im disputing the account ?

Edited December 23, 2011 by imogen_hun

[imogen_hun]

This seem ok as a request for CCA and default notice ?

 

Dear Sir/Madam

 

Re: Account/Reference Number xxxxxxxxxxxxxxxx

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974.

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an alleged account I held with yourselves. I have no recollection of ever holding an account with yourselves, or any party from whom you purchased this alleged debt from.

Further to this neither I have no recollection of ever receiving a ‘default’ notice, and I therefore require you to substantiate this data at your earliest convenience.

I request:

1. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

2. Any deed of assignment if the debt was sold on. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

3. You must supply me with a signed true and certified copy of the original default notice

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

I have enclosed a copy of the Equifax page relating to this ‘default’ for your reference. We look forward to hearing from you.

 

Yours faithfully

[dx100uk]

thats not the route

 

the default would have been put on by the OC

after many late/non payment?

 

whos USC?

 

dx

[imogen_hun]

USC are a high street clothing store. Problem is they may not even be the original creditor, its just the only purchase on credit that I can think of which I may not have paid.

 

appreciate your help Dx

[dx100uk]

 

what s under the grey bit after lowells/ ????????

 

is that the OC 's name?

 

dx

[imogen_hun]

The full line is:

Credit Card from Lowell Portfolio 1 Ltd (I) / XXXXXXXXXXXX1234

 

I assume it relates to the account number of the supposed debt (the 1234 is some other digits)

 

Their are no references to the OC anywhere else in the report.

[dx100uk]

from that 16 digit card number you should be able to work out who the OC are.

GE money i bet!

 

but your going to have a hell of a fight to get that default removed

 

there are only two chances.

 

sar the OC

if it was charges that caused the default, and you reclaim they must removed the defaults too.

 

or

pay lowlife and make it a MUST condition they remove ALL neg data

and mark the file SETLLED.

 

dx

 

 

dx

[imogen_hun]

Thanks Dx, problem is I dont even have the 16 digits, as all the XXXXX are actually shown as XXXXX then just the last 4 digits.

As I dont know who the OC is, would I be ok to SAR lowells ?

Or maybe write to Lowells first without SAR and ask them who the OC is.

 

Paying it off might be easier with the conditions of removal of all negative data as you say, but I just want them to tell me what the debt relates to so I have the satisfaction of paying something that I actually believe I owe.

 

Best sleeping on it.

[dx100uk]

ok cca lowlife then

 

dx

[silverfox1961]

Just to echo Dx's excellent input, getting a ligitimately placed default removed is very hard.

TBH, if the debt is yours then I think you are going to struggle to get this sorted within 6 months.

 

Having said that, Lowells have removed defaults in the past before the 6 year mark

[BRIGADIER2JCS]

I agree, if a default is properly and rightly placed

then the creditor/ DCA is bound to report the accurate

and up to date information with regard to the conduct

of the account, the default must remain for the six

year period required.

[imogen_hun]

Hi Silverfox & Brigadier,

I accept that if it is my debt I would have to leave it and not bother pursuing it, or even offer to pay off the defaulted amount of £200 in full with lowell agreeing to remove the default (if they would!).

 

However it makes me angry that lowell have never sent me any letter stating they are going to default me, neither do I have anything that tells me where the original debt has arisen from. Its only for this reason im pursuing lowell to get some answers as to who the original creditor is. If they can tell me that and it is indeed someone I recognise I will have to accept its going to stay on my file for 6 years.

 

This is why im trying to follow some legal protocol to get lowell to give me some info regarding the original debt.

[dx100uk]

read what has been said...........

 

lowlife did not default you

 

the oc would have done that

 

then when lowlife brought the debt

their name would have been placed against it....

 

dx

[BRIGADIER2JCS]

I am still thinking on the lines that the default

is the original and the entry has been updated

by Lowell, DX100s advice is the best CCA request

to Lowell.

If they cannot come up with a compliant document

then demand the removal of the entry.

 

Brig.

[imogen_hun]

I see, I did not know that the default title could be updated, so I understand now, the OC would have had their name against the default, and when lowfile bought it they put their name against it. I will follow the advice given and CCA lowlife.

 

Really appreciate your help DX and Silverfox

[BRIGADIER2JCS]

Hi Imogen, When a debt is sold the buyer inherits all the

rights and obligations of the original contract, which of

course includes the right and obligation to report accurate

the conduct of the account on the RA files.

[imogen_hun]

Update:

I sent them this CCA / Prove it letter on 28/12/11 via recorded delivery.

 

Dear Sir/Madam,

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an alleged account I held with yourselves. I have no recollection of ever holding an account with yourselves, or any party from whom you purchased this alleged debt from.

Further to this neither I have no recollection of ever receiving a ‘default’ notice, and I therefore require you to substantiate this data.

I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that you provide evidence that I am liable for the above account and await your written response. Otherwise I will have no option but to make a complaint to the trading standards department and consider taking legal action against yourselves, and also informing the OFT of your actions in placing a ‘default’ on my credit file.

In particular, I request you provide:

 

1. A true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

2. Any deed of assignment if the debt was sold on. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

3. A signed true and certified copy of the original default notice

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. I look forward to hearing from you.

 

Received this response on 07/01/12:

 

 

 

 

So they have not provided the CCA or default notice, but say they have requested them from Creation Finance Services Limited. It is now been 19 days since the oringal CCA letter was posted.

 

Should my next step be the Account In Dispute letter?

 

Would this library one be ok?

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

 

Many thanks in anticipation

[BRIGADIER2JCS]

1. For copies of the DN, NOA etc., you need to SAR the original

creditor.

2. You are not entitled to a copy of any deed of assignment, it

is a commercialy sensitive confidential document.

The account in dispute letter is now appropriate.

Always remember to head these letters '' I do not acknowledged

any debt to you or any company you may claim to represent.