Can I take legal action against DCA's - Marlins/Lowel/1st credit/aptiv kapital - debts not mine on CRA file

[stockport6]

I have just emailed the FO back to ask if that is the case. I thought I would be further than that but nothing would surprise me with this lot

[stockport6]

For 1st credit and Robinson way I have sent the letter below. is this correct? once I get a reply and if I am not satisfied with it I will open another case for each with FO

 

Dear Sir/Madam

 

 

Account No: xxxx Your Ref xxxxxxxxx

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to HPH LTD (ex shopacheck).

 

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

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 no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA and Financial Ombudsman of your actions.

 

I look forward to hearing from you.

 

Yours faithfully

[stockport6]

This is the response from FO when asked has the complaint been started again

 

"Not at all. We just ask the firm to send us their whole file regarding the complaint not just the final response that they have sent to yourself."

[citizenB]

This is the response from FO when asked has the complaint been started again

 

"Not at all. We just ask the firm to send us their whole file regarding the complaint not just the final response that they have sent to yourself."

 

Your letter to 1st Credit etc, is ok Yes, if you don't receive a satisfactory response from them that they will close their files and write to you confirming this, then you will need to open more complaints with the FOS !

 

righto, so the FOS didn't ask for the file originally ? What a shower.

[The GodMother]

Wow just wow. It sounds like u have been threw hell. I kinda understand the harrassement as our previous address had letters from creditors/dcas and ppl banging in door all times if day and nite after the previous tenants left.

I sorted that with help of CAG. Tho good luck to u as l found Lowell the worse.

[stockport6]

So i have letters back from 1st credit and Robinson Way stating they will not be taking it any further. I know for a fact though that they will sell them on to another DCA and the letters will start again.

 

As for Lowell. they have responded to the FO with the comment "this was passed to a company called fredricksons and so the CCJ application is nothing to so with them. Even the claimants name on the CCJ is Lowell. The FO advised me that Fredricksons is actually part of Lowell.

 

The FO said that even though Lowell had damaged and still continue to damage my credit score, even though I have had to take a loan at 16.9% rather than a more competitive rate, even though my partner has had to get all the credit we wanted in her name only and also the fact that I need to have MOD security clearance for my Job and this was revoked as I could not explain what the debts were on my file until I had the letter from Lowell saying it was a mistake and had to pass up promotions as I needed the security clearance.

 

After all that the FO said the £250 offered by Lowell was fair.

 

I also advised them that the default is still on my credit files. the \FO went back to Lowell and again they said only the original creditor can remove it even though the account on my files shows as Lowell being the owner. (not co-op)

 

As you can imagine the stress of this has taken its toll and I have been off work for the last 4 weeks.

 

I am now waiting for another response from FO but while I wait for that the default is STILL on my files and affecting everything I want to do.

 

 

 

The

[BarnOwl1]

It is I believe correct that the original creditor is the only entity that can remove or change a credit file entry

as all that the successive " owners" of a debt can do is up date the files with their information.

 

A letter to the data controller of the organisation that registered the default should get the entry removed.

 

Achieving any redress for incorrect credit file data, is extremely difficult one has to show a level of provable loss.

 

I know because I've tried without success.

[renegadeimp]

Dca can modify and delete. They can't create. Only the oc can

[stockport6]

I have been trying for the last two years to get it removed and to get redress. In Jan 2014 they finally admitted it was not my debt. I expected they would do the decent thing and just remove the default. NOPE in June 2015 I received a CCJ for it from Bryants solicitors acting on behalf of lowlife.

 

My defence was obviously the letter from lowlife stating the debt was not mine. I heard nothing from them even though the case was apparently dropped. I involved the FOS and they have been next to useless. I am still fighting to get the default removed still to this day.

 

I have now advised the ICOicon and they have opened a case. The letters keep coming from other debt collectors still and the nightmare never ends.

 

The FOS stated the following.

 

----------------------------------------------------------------------------------------------------

my findings

 

Lowell has confirmed that they accept that the account that they were contacting you about, is not yours.

 

As per my email dated 19 August 2015, Lowell has told me that they have taken the necessary actions to prevent further contact being made to you by telephone/ text.

 

Lowell has also confirmed that they have no debts that they are holding you responsible for.

After Lowell received a letter from our service dated 23 July 2015, they wrote to your directly – the letter was dated 29 July 2015.

Within their letter, they have said that the account that they had been contacting you about had been passed to ‘ Fredrickson International Ltd’ in March 2015. It would appear that it was this company who were pursuing a court claim.

 

Lowell contacted Frederickson International Ltd, who has confirmed that the court claim was discontinued on 17 June 2015.

 

You have told me that you have been in contact with the credit reference agencies for some time, in regards to clearing up your credit file. You have told me that you made the necessary actions to remove the information associated with another xxx xxxx.

Unfortunately there is no permanent way to prevent lenders or debt collectionicon agencies tracing your details, in the place of someone with the same name. All you can do is contact any company that you receive letters from to advise them of the situation.

 

The credit reference agencies will be able to ensure that the information recorded on your credit file is accurate and may be able to offer you further advice in regards to what you can do.

 

I appreciate that being linked to someone with the same name and bring contacted about their debt is inconvenient. However, as Lowell has taken the necessary actions to prevent further contact regarding this debt, I do not feel that there is anything further that I can ask Lowell to do.

 

However, if when you check your credit file, there is anything relating to this debt (registered by Lowell) please let me know.

Lowell accepts that they may have caused you distress and inconvenience when contacting you. Therefore, in their final responseicon letter dated 29 July 2015 – they have offered you £250 compensation.

 

----------------------------------------------------------------------------------

 

SO with this details I tried to get the default of my Credit file.

to which the response was

 

----------------------------------------------------------------------------------

I'm writing in relation to your recent query with:

 

*Lowell Portfolio I Ltd (Account Started 22/09/2008)

 

They have provided following details,

 

"Our Complaints team are investigating this account and are in communication with the Financial Ombudsmanicon. The case summary was forwarded to to the, on the 12/08/15 and we are awaiting their response. Once an outcome is known, if an amendmenticon is needed we will action this in due course."

 

They've confirmed that this information is accurate, so I'm afraid I can't make any changes to it.

 

I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly.

[stockport6]

I want to take them to the cleaners but don't know how, I have involved the Financial Ombudsmanicon thinking they would do it for m but they have been less than useless and seem to be on there side. to the point where they seem to accept Lowlifes excuse that they had not ordered the CCJ but a company called Fredrisksons which turns out to be part of Lowell. Lowell offered be a measly £250. the FOS said to pay another £200. considering I have had to get a loan at a stupid rate and had my security clearance at my job was suspended because of the default I think £450 is extracting the urine

[Bazooka Boo]

I'll have a read of how it's gone on so far, give me a some time to digest it all and I'll get back to you ASAP..

[stuckinarut11]

Look up principle 4 data protection act

[stockport6]

I sent the email below back to Experian, cc'ing in The Financial Ombudsman and the FCA. The FCA have raised a case but I realise now I should have probably sent it to the ICO too. I am going to complete the complaint form for that now and get it over to them

 

Email sent

 

Hi

 

Please see attached email from the Financial Ombudsman quoting that Lowell acknowledge that the debt is not mine and that the details on my credit file are inaccurate. Extracts below.

I am now contacting the FCA in regards to taking action against both Lowell and Credit Agencies i.e Experian who know that information is inaccurate and still refuse to do anything about it.

 

Just in case you were not aware of the Data Protection Act I have attached YOUR OWN guide and in particular the Principle 4 and Principle 6

 

With regard to principle 6 –

Rights under the Data Protection Act

The Data Protection Act sets out the rights that an individual has in terms of their personal data. Principle 6 of the act states that personal data must be processed in line with these rights. If an individual is not satisfied that you are processing their data within their rights under the act, they can apply to a court to order you to do so.

 

 

“Lowell has confirmed that they accept that the account that they were contacting you about, is not yours.”

 

“Lowell has also confirmed that they have no debts that they are holding you responsible for. “

“The credit reference agencies will be able to ensure that the information recorded on your credit file is accurate”

“Lowell accepts that they may have caused you distress and inconvenience when contacting you.”

[stockport6]

I have just raised a complaint with the ICO now. So that is the FOS, FCA and ICO. is there anyone else?

 

I am thinking of contacting the Media. I was in contact with the Moneybox Radio 4 programme some time ago when I was having difficulty cleaning up my files as the CRA refused to do anything.

Maybe I should try them again they did help.

[sillygirl1]

Contacting the media is a good bet as Lowlife are now getting theor own in-house solicitor - so this problem may be resolved - or escalated if they get bad publicity now.

[stockport6]

Thanks.

 

Sent to watchdog. I really want to hammer Lowlife for this but do not have the finances to back it up. it is also very difficult to prove what losses I have incurred from this happening. it has affected my mental health as the whole thing has really got me down now. My partner has had to bear the credit for both of us and I have felt helpless to get this sorted once and for all. I have even contemplated changing my name I have been that desperate,

 

I also want the CRA done for this as they have been next to useless. The fact that they actually charge you for a service that is not fit for purpose. the fact that any one of these companies can directly go onto your files and create things that have not been checked or validated. what are we paying them for? When you question it they are always on the businesses side

 

I just want them all to pay and for Lowell to lose their licence. I have considered a small claims against them but again proving loss is difficult.

 

If anyone has any suggestions how I can hurt these institutions please let me know

[stockport6]

Hi Bazooka Boo

 

did you get chance to read over this and advise what legal action I could take

[citizenB]

I think the only way you are going to resolve this to your satisfaction and to get Lowells to back off is to issue a claim of your own against them. I will ask site team if anyone can help further.

 

I am astonished at the FOS response ? How can they simply say that it is now down to you to get this sorted ?

[citizenB]

this is a very long thread - can you please post a summary of the whole saga so those looking in don't have to read back over so many posts.

[xfox]

You need a solicitor to start legal action if this happens again

[tentimes]

I think you need some support and help on the ground and not just in these forums. Are the CAB up to speed on all this nonsense?

 

I seem to remember you mentioning you suffered from some mental health difficulties. Speaking as a trained counselor and fellow sufferer I would just raise a wee bit of a concern about self-care here. Make sure you are looking after yourself, eating well and confiding in someone face to face about this ongoing battle. You have done really well so far from what I can read and deserve a slap on the back for how you have handled this difficult issue.