LOWELL Defaults on credit report barclaycard

[lee786]

HI all

 

I have had a debt with Barclay card for years, I asked Barclay card for a true copy of the agreement and they didn't/couldn't supply it:roll: after that they didn't contact me again up until a few weeks ago when I got a notice of assignment for Lowell

 

I asked lowell for a true copy of the credit agreement right away.... I have had about 4 letters since saying they are looking for it latest of this waste of paper says "if they can't find it they won't contact me again"

 

all well and good BUT have noticed Lowell have already defaulted my credit record

can they do this?

 

 

Barclay card have also been defaulting it since 2009 and have now closed the account in default (sold it to Lowell) but neither have produced this true credit agreement

 

do I have a leg to stand on in getting these defaults deleted?

[unclebulgaria67]

Yes they can add the default information, having had the debt assigned to them. There have been court cases about this and I am sure that someone will post later to tell you the cases that are relevant.

 

The only way that you could dispute this, is if you could prove that the debt has nothing to do with you. i.e it was not your credit card and you did not spend the money.

[Guest angel_islington]

Download a copy of the Information Commissioners Guideline on data protection from their website then write back to Lowell quoting the relevant sections that they have breached. There will be some. You can get it removed, you just have to be persistent and informed.

[Bazooka Boo]

Even though they don't have the agreement, if they can prove that their is a financial relationship, or was one previously, ie, payments from you to this account, then IMO it would be difficult to get any default removed, you could try a s.10 DPA request, informing them to stop processing your data.

[42man]

The court case was this one here McGuffick vs The Royal Bank Of Scotland - http://www.bailii.org/ew/cases/EWHC/Comm/2009/2386.html

[lee786]

seems like i have to put up with them.

 

 

is it true they drop off after 6 years ?

 

if so is that 6 years from the very first time it was marked defaulted

[Bazooka Boo]

Yes defaults auto drop off your file after 6 years, the date of default that is marked on their should be within 6 months of you failing to make a payment, if it isn't then you need to question this as the information will be incorrect.

[BRIGADIER2JCS]

The entry MUST be only an update of the original

entry showing the new ownership the actual default

date cannot be changed.

[cashins]

BC have form for issuing 'mickey mouse' default notices through Mercers, the default date often precedes the BC date which they register. The ICO will support the view that however defective the notice, the satisfaction date on that notice should stand as the date of the default.

 

David

[Guest]

some info re defaults for eg

http://www.consumeractiongroup.co.uk/forum/showthread.php?323570-Default-Info

[dx100uk]

that doc is now out of date

[Guest]

that doc is now out of date

 

which one? the linked one i posted is v3, same as the one you posted?

[dx100uk]

then my link is wrong too

 

sequenci posted a msg and a link that stated the th 2007 stuff is now wrong.

 

sri i'm not on my usual server to clarify.

 

dx

[Guest]

just checked the ico site. the link there re default guidance is still v3, same as the one i/you posted.

 

the lending code posted has though recently been revised (May) http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

also #9 here eg http://www.consumeractiongroup.co.uk/forum/showthread.php?56391-Examples-of-codes-of-conduct

Edited June 6, 2012 by Ford

[dx100uk]

that was prob it then

 

wires crossed this way

 

dx

[lee786]

update (see first post first)

 

Some time ago I asked Lowell for a true copy of the agreement they couldn't supply it (hardly a surprise because the original creditor couldn't either )

 

first I got the we will close your file letter and not contact you again from Lowell then today I got another letter saying

 

please be advised that this account is under review to be returned to the original creditor.

should this course of action prove successful, you will not receive any further correspondence from us regarding this matter and our default will be removed.

 

 

think barclaycard will take this back?

[dx100uk]

would be mice

 

dx

[BRIGADIER2JCS]

I guess there was a ''return'' clause in the sale of the debt it's quite common.

[lee786]

think they will give it to another collector?

 

going to end up in a endless loop of collectors who can't produce an agreement.

[BRIGADIER2JCS]

You can always make a complaint to

Lowell regarding the constant re assignment

of the debt.

Which although uenforceable in court can be

passed on foe ever and a day.

 

I can put together a letter to see if the contiued sale/

assignment can be stopped.