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Lowell DCA - refunsing to remove credit entry, acknowledged debt not ours


ryjayel
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Hello everyone,

 

So, back to those reputable lovable rogues Lowell Portfolio..:wink:

 

In September 2011 I obtained my partners Equifax report which showed a debt to Lowell Portfolio 1 for £341.44, dated 10/09/2008, defaulted 21/11/09.

 

 

  • OH didnt recognise the debt, Equifax told us it originated from O2.
  • OH contacted O2 by phone on 6th September 2011 to be told they told they could not find any reference for the debt and his ‘normal’ O2 account was completely up to date and always paid on time. They referred me back to Lowell.
  • I then sent a letter to Lowell requesting the original consumer credit agreement.
  • They replied on 8th June 2012 to tell me that “Following investigations we have concluded that the debt is not linked to you. As such we have removed your personal details from our database”. They refunded me the statutory fee. I have this evidentiary letter.
  • I then spoke to Equifax to have the entry removed and Lowell (via Equifax) informed me that only O2 could remove the “incorrect link”. Basically they ech blamed each other. Equifax will not act without theirs or O2s instruction.
  • At the same time I obtained my credit report from Callcredit. There was, as of 15th June 2012, no entry relating to any default whatsoever. Its still to this date not on Experian.

We assumed it would go with the deletion of the OHs details from Lowells database.

 

 

 

But when we went for a mortgage a few weeks ago, we were refused on the basis of this unsettled debt. We appealed but they wouldnt have it; whilst the debt is still on there they wont look at us regardless of whatever evidence we have.

 

 

 

To make matters worse, Lowell have searched the OHs Callcredit file back in October this year, even though the debt was not listed there at the time of their promise to remove his details. Clearly as a last ditch attempt to keep the (now statute barred) debt alive. They have also searched Experian, but not listed the debt. Never any contact with him directly I might add.

 

 

 

Surely, in light of the letter stating the debt is not his, we have some legal right of redress to force them to remove the entry and cease the unwarranted searches on his credit file?

 

 

 

Any ideas on what to do? I dont want to have to wait a year for this to expire from his file when they cant prove it was his in the first place. I would instruct a solicitor if I thought it would scare them, but they dont seem to behave in a way that would respond to it. As horrendous as this may sound to some, I'd pay it if they agreed to remove the default completely but I doubt they would consider that either!

 

Thanks in advance for your input.

 

Ry

o---------------------------------------------------

Barclaycard & Barclays Bank Done! :whoo:

The journey back to a decent credit file is much longer than the path it took to ruin it!

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I would begin a small claim in the county court. If you are happy to wait then you could complain to the Ombudsman - with an uncertain outcome.

 

Begin by serving an SAR on each one of them. Once you have all available information then I would sue both of them as joint defendants. That will help to set them against each other - and also probably produce a fairly quick result.

 

because you don't want a complicated small claim, don't ask for a court order at this stage. Merely sue for compensation. If you win - then the rest will all fall into place. If they try to settle then make sure that it is all put into a Tomlin order which we will help you with.

 

Let us know if this interests you. I don't know of any other effective way of sorting this out.

 

Start laying out how this has affected you and your family. - Looses, costs, stress, distress and we'll help you put together a claim. If you have lost a house because of this then you could be looking a few £k

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Of course the ICO is the way to go - expect that they are scarcely interested and are more limpwristed than the FOS.

However, if you go to them with a judgment - then they will take a little more notice.

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I'd disagree with contacting the financial ombudsman service, they're not fit for purpose and it would be a waste of time.

 

Personally, in your situation, after being refused a mortgage based on the incorrect information recorded against you be Lowell, I'd draft up a letter before action and instigate legal proceedings in the county court against them.

 

I read a case on "E sue" were Lowell chased a debt which did not belong to the debtor and successfully litigated against them and was awarded £2,869.93 plus costs. There was also another case I read in which a businessman sued Lowell Portfolio for around £5,000 in damages for falsely recording data on his credit file when he never had any debt, he also worked in the financial sector meaning negative credit data could have destroyed his reputation and lost him his job.

 

Start the ball rolling, you've been refused a mortgage based on falsely recorded data, that's pretty serious in my opinion. Once you've litigated against them, and should judgment be forthcoming, then that would be the time to report them to the ICO, FCA, because you'll have a court judgement to strengthen your complaint.

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Please can you post links to the cases you are referring to

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