Lowell and credit file

[jj69]

really

that's naughty

write a letter

give them a copy of the OC default date proof for each

 

 

give them 14 days to rectify the errors

or you will lodge a complaint with the ICO.

and seek compensation

 

 

dx

 

Is that all it takes ? Seemed a waste writing those CCA letters but at least they have no docs so something else I can hit them with ...thanks for that

[dx100uk]

the CCA is need to prove or disprove their demand for money

nothing to do with the defaults.

 

 

puts you in a better position to demand a smaller F&F mind

if you wanted to waste your money on the outside chance they'll remove the defaults totally...

[jj69]

Thanks ! Im following up the defaults with those OC's now ! What if Lowells comes back stating I acknowledged debt in 2014 or something similar because I am sure that is the trick they will play to keep this debt open as long as possible on my credit file

[dx100uk]

acknowledging the debt re Statute Barred is nothing to do with defaults and cra file

 

 

dx

Edited July 7, 2016 by Andyorch
edit

[jj69]

Well got a letter this morning on one of my CCA requests to say they are still asking OC for documentation

 

 

..it has now well over the 30 day period after the 12+2

so is it worth sending a letter to say they have not complied with my CCA S77/78 request ?

[Old Cogger]

no letter they know they have not complied with the Rule, do not do their job for them,

[jj69]

no letter they know they have not complied with the Rule, do not do their job for them,

 

So this is best left alone as stalemate really ? They have no docs and as such cannot take me to court for now !

[Old Cogger]

They could continue going through court procedure but if the CCA1974 is prior to April etc 2007 they need to produce evidence, Lowells and most other play you against them in the hope you cave in through lack of knowledge, but most will discontinue or get case stayed just before a court hearing.

[renegadeimp]

So this is best left alone as stalemate really ? They have no docs and as such cannot take me to court for now !

 

Just ignore it. If theyre dumb enough to try and issue a claim, you can use non prodcution of valid documents as part of your defence. Although lowell would have already started court action if they thought they could win.

[jj69]

Is that all it takes ? Seemed a waste writing those CCA letters but at least they have no docs so something else I can hit them with ...thanks for that

 

If I SAR the OC they should send me the default notice as well ! What happens if they no longer have the documentation ?

How else can I prove the original default date ?

[Bazooka Boo]

Yes a SAR should produce the DN.

[dx100uk]

There is actually no remit for the oc to supply a copy of the DN

 

All there has to be is evidence like say in the comms log

That one was sent

 

No harm in ringing them and asking though all the paperwork

 

Would be useful!!

[dx100uk]

Who and what were the debts too

[jj69]

Who and what were the debts too

 

Capital One - CC

Vanquis - CC

Halifax 2 x bank accounts both overdrawn lots of charges etc

[jj69]

There is actually no remit for the oc to supply a copy of the DN

 

All there has to be is evidence like say in the comms log

That one was sent

 

No harm in ringing them and asking though all the paperwork

 

Would be useful!!

 

Sorry can you clarify comms log ?

[dx100uk]

Activity log then

[jj69]

Activity log then

 

So when I have the original default do I present it to the DCA or CRA ?

[dx100uk]

Already answered post 26

[jj69]

Already answered post 26

 

Got it thanks !

 

Quick update from Cr@pbot who have bought one of my overdrafts from Halifax.

 

 

They send a letter with a letter attached from Halifax to say Cr@pbot have purchased the debt in 2016

and can report my data etc etc .. is this in the proper format just one letter from Halifax ?

 

Also is there a way to find out when Halifax wrote this account off and set a zero balance or is it best to call ?

 

Already answered post 26

 

Also for copy of Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974) do I just write to the OC ? Are they obligated to send this or will it be like a CCA request and post with a £1 PO ?

 

Thanks....

[Old Cogger]

Got it thanks !

 

Quick update from Cr@pbot who have bought one of my overdrafts from Halifax. They send a letter with a letter attached from Halifax to say Cr@pbot have purchased the debt in 2016 and can report my data etc etc .. is this in the proper format just one letter from Halifax ?

Also is there a way to find out when Halifax wrote this account off and set a zero balance or is it best to call ?

 

 

Normal procedure for two letter one saying goodbye then attached/enclosed one saying hello, There is No CCA 1974 for old overdrafts. Crapquest can just alter the Default entry heading as themselves, but the default date stays the same. Your default letter (original) date stays the same.

 

do not waste too much time on the points you raised.

 

 

others will also comment also.

[jj69]

Normal procedure for two letter one saying goodbye then attached/enclosed one saying hello, There is No CCA 1974 for old overdrafts. Crapquest can just alter the Default entry heading as themselves, but the default date stays the same. Your default letter (original) date stays the same.

 

do not waste too much time on the points you raised.

 

others will also comment also.

 

Thanks for the swift reply ! They have also included all the transactions for this account so I can at least pick out the charges etc to try and bring the balance down .

 

Normal procedure for two letter one saying goodbye then attached/enclosed one saying hello, There is No CCA 1974 for old overdrafts. Crapquest can just alter the Default entry heading as themselves, but the default date stays the same. Your default letter (original) date stays the same.

 

do not waste too much time on the points you raised.

 

 

others will also comment also.

 

Is there anyway to dispute the account apart from charges etc ?

[AndyOrch]

Also for copy of Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974) do I just write to the OC ? Are they obligated to send this or will it be like a CCA request and post with a £1 PO ?

 

Thanks....

 

You cant really request this unless the matter was of a court claim...a DSAR may identify if it was recalled.

[jj69]

You cant really request this unless the matter was of a court claim...a DSAR may identify if it was recalled.

 

Cr@pbot and Lowell have sent me documents showing transactions on both these accounts

but no NOA or any letter from Halifax stating they have sold the debts so should these docs not be included ?

 

Also Lowell have stated in their cover letter that account defaulted in 2014

but funny how on my CRA they have placed default as 2016

when they bought debt so contradicting themselves !

[AndyOrch]

Lowell can only mark it from the date it was assigned to them...irrespective if it was defaulted 2014.It does not mean the start date is 2016.

[jj69]

Lowell can only mark it from the date it was assigned to them...irrespective if it was defaulted 2014.It does not mean the start date is 2016.

 

So if it was assigned in 2016 they can set the date for this ? I thought that for default dates it had to be when the OC had originally defaulted account or is that only loans and CC ?