Lowell and 3 'debt' - Successful removal of all info

[nobbyblobby]

Have been chased by Lowell for a debt I am unaware of for months. Have just returned their letters up to now.

 

I then discovered the cheeky scamps had recorded a default for the debt on my credit records.

 

I know there are template letters but I sent my own on 14th May and got a response on 17th May!

 

Response states that they have closed the account with immediate effect AND have removed the entry from my credit files. I'll post the body of my letter once I've removed personal info.

 

Obviously delighted by the outcome so feel free to copy the letter I sent.

[nobbyblobby]

RE: Original account number

 

 

 

Enclosed: 1.Credit record extract,

 

2.Letter from Hamptons Legal to me,

 

3.Letter to Hamptons Legal from me,

 

4.Letter from 3 to me,

 

5Letter to 3 (CC Lowell Portfolio 1) from me,

 

 

 

Dear Sir,

 

 

I am writing to bring the above account to your attention. Please familiarise yourself with the account. I would like to repeat for clarity that I do not accept that I owe any money to Three and have yet to see any proof that I do.

 

 

Despite this, it has come to my attention that the account is being reported to AT LEAST one credit reference agency, Experian, that it is proven without doubt to be my account and that I have refused to bring this account up to date. I am waiting for my records from Equifax and Callcredit.

 

 

I am prepared to make a suggestion that will bring this unfortunate episode to a satisfactory outcome for both parties.

 

 

Should you,The Appeals Officer in the Credit Referral department at Three, agree (and not before) and do so in writing on company letterhead paper and signed and dated, I will:

 

 

-Make payment of £16.50 to bring this account up to date

 

 

And you will:

 

 

-Fully delete and expunge this disputed record from my credit files with all 3 credit reference agencies (namely Experian, Equifax and Callcredit) at the first possible opportunity.

 

This account is for a very small amount of money, but it is making my life extremely difficult. Should you fail to agree to my generous offer, I will pursue this matter through the following channels in order to force the removal of the default record:

 

 

1. I will approach Experian, Equifax and Callcredit and inform them that they are keeping inaccurate and incorrect records and request their deletion

 

2. Should I not be satisfied with the outcome, I will approach the Information Commissioner’s Office, citing the Data Protection Act and informing the Information Commissioner of the inaccurate and incorrect data.

 

3. Should I not be satisfied with the outcome, I will inform the Office of Fair Trading of the inaccurate and incorrect data and ask for their intervention on my behalf.

 

4. Should I not be satisfied with the outcome, I will approach the Citizens Advice Bureau and approach a Solicitor and inform them of the inaccurate and incorrect data and ask for their intervention on my behalf.

 

5. Finally, should I not be satisfied with the outcome, I will approach the County Court or Small Claims Court and ask that they demand that the record is deleted and expunged from my records at all three credit reference agencies. At this stage I will be forced to calculatethe cost of my time and resources and I will ask that the court demand payment of the calculated amount from you. My legal fees, too, will be demanded from you.

 

 

I feel that my offer of my payment of £16.50 in return for deletion is the best for both parties.

 

 

I look forward to your confirmation of the acceptance of my offer by return mail at your earliest convenience.

 

 

Yours Faithfully,

Edited May 19, 2013 by citizenB
formatting

[citizenB]

So was it simply that you were unaware there was an outstanding balance or did you not even owe it ?

[nobbyblobby]

I knew nothing about it until the Lowell letters started.

[citizenB]

Righto.. I was just concerned that you were prepared to pay an amount that you didn't actually owe Well done for the success

[rc14]

I had a similar issue with 3 and Lowell and they hounded me for 3 years before I beat them in court. There are thousands of these accounts sold for which neither 3 nor Lowell possess the information to support the defaults on peoples accounts. See Wathdog January 2009. ICO issue technical guidance saying this is a breach of the Data Protection Act yet the ICO are unbelievably relluctant to challenge Lowell. Like you 3 did not tell me of their sneaky default or that they were selling my account with a non existent debt. I hope you followed through your threat to report to the ICO and OFT as only sheer volumes will result in action being taken. Well done on getting the right result.

[nobbyblobby]

citizenB, I think £16.50 would have been worth paying to have the default removed.

 

rc14, should I report them even though they backed down instantly?

 

Thanks to both for the congrats, hope others have as much success!

[rc14]

Hi jodacoo

 

Personally I would still report them for the benefit of those CAG readers who have not been so fortunate. Credit Reference Agencies and Bankruptcy hearings should not be used so freely and with such vexatiousness. My opinion is that had the ICO acted in accordance with their own technical guidance then I personally would not have had to endure a three year battle to clear my name and have the erroneous default removed from my credit file. In light of my victory in court and the Subject Access information received from Lowell and Hutchinson (neither having evidence to support the default with Experian) I have asked the ICO to comment. They are refusing to answer my letters at present and have not explained on what evidence they supported Lowell. I think the ICO will act until enough people confirm Lowell are registering defaults or replacing defaults from original creditors without evidence to back them up. I also see little point in the OFT constructing guidance that no one bothers to enforce. You can email the ICO and OFT, but I think everyone who has concerns abaout Lowell's conduct should report these matters. I dont think Experian are entirely blameles either. Where there is a clear dispute over an alleged debt Lowell should have to verify the integrity of the information they are providing.

 

Congrats again the tide is turning in favour of the consumer thanks to websites like CAG

Edited May 21, 2013 by rc14

[citizenB]

I have attached the ICO guidance on default markers.

 

IMHO, a company should not be permitted to trash your Credit files in this way. They can do serious and irreparable damage for 6 years. Whereas if they had issued a court claim for the delinquent sum then they might not even have won !!

 

[ATTACH=CONFIG]44004[/ATTACH]

[nobbyblobby]

Cheers guys! I'll have a read of the rules and fire off a letter to the ICO and OFT tomorrow.

 

Getting good at complaint letters!

 

Costing me a bloody fortune in postage though.

[nobbyblobby]

Reported them to OFT and ICO but heard nothing back. I guess it'll just drop onto the pile of complaints against Lowell.

[citizenB]

Reported them to OFT and ICO but heard nothing back. I guess it'll just drop onto the pile of complaints against Lowell.

 

Hmm, I am very surprised to hear this. You would normally receive an acknowledgement at the very least !

[nobbyblobby]

Then I shall continue to wait with baited breath and report back if and when I get the nod.

[citizenB]

It looks like you sent your complaints about the 21/22 May - so perhaps wait until this Friday. If you haven't heard anything, then perhaps email them both and ask why you have not had a response to your previous communication.

[nobbyblobby]

Was more like 24th I think so I'll give then til Monday.

[pinkpink123]

Can anyone help my silmilar situation.....

 

mobile phone with three 2009, sold to lowell, lowell took my to northampton county court, i acknowledges and then didnt submit my defence. to be honest i got a bit lost in it all. I now have a ccj - judgment in there favour (as they hoped i didnt defend)

Anyway i rung the court they said i could fill a N244 form if i think ccj has been entered against me incorrectly. I want to do this, i know ill have to explain why i didnt defend, im hoping they will realise that legal jargon is a minefield to people like myself and that i thought i had more time. But im unsure as to what to write in terms of why i feel i dont owe lowell anything. i have never seen proof that i do. I vaughly remember having three contract in 2009 and terminating it early as i think i had a dispute with a bill.

 

PLease i would be very grateful for any help as the letter says they have writ of Fi fa which i think is bailifts.

 

thanks to anyone who can help.

[nobbyblobby]

You might be better starting your own thread, but someone may be along who has more experience of this type of thing.