Lowell Unable to Prove Vanquis default

[markr1987]

Hi

 

I had a default placed on my account by Lowell Portoflio 1 limited.

It only appeared about 4 months ago and had no relation to anything else on my credit file

- it appeared out the blue as a default with a value of just over £100.

 

I've since sent an initial letter that I found online, talking about how as they are the data processor they are responsible for providing with certain pieces of information etc.

 

I have gone back and forward with them using letters

- I had a response from them telling me they were unable to provide any of the information relating to the account or the default notice as they didn't keep this on their records.

They have advised that they will also not remove the default.

 

They mention in their latest response that the default is from a debt relating to a Vanquis account

- I;ve only ever had one account with Vanquis and it clearly shows on my credit history as being a well managed and then settled account with no missed payments.

 

I'm stuck as to what to do next!

Any help would be much appreciated.

 

Thanks

[unclebulgaria67]

If you have had a last response from Lowells, you can go several ways with this. The FOS can deal with a complaint, as to how the default is affecting you and if it is a mistake can ask Lowell to pay you compensation. The ICO can deal with any complaint about wrong data being processed. The credit reference agencies are also responsible for data, so you can complain to them as well.

 

Was your last response from Lowell from their Compliance and Data Protection Officer or just customer services ?

[silverfox1961]

Hi,

For starters, Lowell cannot place a default. They are allowed to update a default that has been filed by an original creditor by placing their name against it once the debt has been bought.

 

Can you type out exactly what it says on your credit file. If it is a mistake, it should be deleted.

I would also contact the credit reference agencies and add a notice of correction to this entry whilst disputing it with them. CRAs have a duty to ensure the data they hold is correct and they should contact the creditor for information.

 

Just to be on the safe side, contact Vanquis to see if they have placed a default against your name in error.

 

Once you have exhausted ALL avenues, I suggest that the FOS and the ICO be avoided. They are good at what they do but they take forever. I would be writing to Lowell and give them 14 days to remove the entry and if they fail sue them through the county courts.

[markr1987]

If you have had a last response from Lowells, you can go several ways with this. The FOS can deal with a complaint, as to how the default is affecting you and if it is a mistake can ask Lowell to pay you compensation. The ICO can deal with any complaint about wrong data being processed. The credit reference agencies are also responsible for data, so you can complain to them as well.

 

Was your last response from Lowell from their Compliance and Data Protection Officer or just customer services ?

 

Thanks for this. The email was from their 'Head of Customer Services'

[markr1987]

Hi,

For starters, Lowell cannot place a default. They are allowed to update a default that has been filed by an original creditor by placing their name against it once the debt has been bought.

 

Can you type out exactly what it says on your credit file. If it is a mistake, it should be deleted.

I would also contact the credit reference agencies and add a notice of correction to this entry whilst disputing it with them. CRAs have a duty to ensure the data they hold is correct and they should contact the creditor for information.

 

Just to be on the safe side, contact Vanquis to see if they have placed a default against your name in error.

 

Once you have exhausted ALL avenues, I suggest that the FOS and the ICO be avoided. They are good at what they do but they take forever. I would be writing to Lowell and give them 14 days to remove the entry and if they fail sue them through the county courts.

 

Thanks for the reply. This is exactly how the default appears on my Experian file. As I say, it just appeared from nowhere.

 

[silverfox1961]

Interesting; that default has been live for over 4 years yet it has suddenly appeared on your file. Have you checked the linked addresses to see if there is one that you don't recognise?

 

I would now sign up to Clearscore and Noddle to see what they say as well.

 

Vanquis would be my first contact to see if they have defaulted you (or not)

 

If you haven't raised a formal complaint with Lowell (and headed the letter as such) that is something to do as well

[unclebulgaria67]

Think you will find that the argument that DCA's cannot add defaults that were not previously noted, is subject to dispute. I seem to remember reading posts on CAG where court cases and legislation was quoted which showed that a new debt owner can add a default, providing it is correct.

 

If Lowell are saying it is Vanquis, perhaps the easiest way is to contact Vanquis in writing ( enclose a copy of Lowells letter) asking for a written explanation of why they have sold a debt to Lowell in your name, when you are not aware of any debt owing. Then see how how they respond, before taking a next step.

[markr1987]

I've just now spoken to Experian who have advised that they will query this as a 'no account' with Lowell. Interestingly, the guy at Experian told me they have this debt as relating to a communications provider, whereas the letter from Lowell tells me it's Vanquis??

[silverfox1961]

Think you will find that the argument that DCA's cannot add defaults that were not previously noted, is subject to dispute. I seem to remember reading posts on CAG where court cases and legislation was quoted which showed that a new debt owner can add a default, providing it is correct.

 

If Lowell are saying it is Vanquis, perhaps the easiest way is to contact Vanquis in writing ( enclose a copy of Lowells letter) asking for a written explanation of why they have sold a debt to Lowell in your name, when you are not aware of any debt owing. Then see how how they respond, before taking a next step.

 

If you could find the links regarding the court case, that would be brill.

[silverfox1961]

I've just now spoken to Experian who have advised that they will query this as a 'no account' with Lowell. Interestingly, the guy at Experian told me they have this debt as relating to a communications provider, whereas the letter from Lowell tells me it's Vanquis??

 

Yes well, this is Lowell we are talking about. They are not called the Leeds Losers for nothing. Most debt collectors only have the basic info on any account when they buy it and they have to go back to the original creditor if they need more info.

[markr1987]

So what are my options from here then? Wait for Lowell to reply to Experian?

[silverfox1961]

I would contact Vanquis to see if they have erred in some way. As you say, you're account is up to date then there should be nothing there.

 

As Experian are saying 'Communications Provider' did you change a mobile phone contract in 2012? Or a landline?

 

I would only complain to Lowell, not just get more info. Once a complaint is filed, they should investigate properly.

[dx100uk]

did you even have a vanquis card?

dx

[dx100uk]

does the end 4 digit match the one you know about?is the ref number 16 digits?

might be a clue here as if its not

then its not a credit card as not 16 digits...

[silverfox1961]

did you even have a vanquis card?

dx

 

First post!!

[L1882]

Just for information I had a default that I queried with Lowell as it was added years after the ICO guidance on when a default should be added.

 

I complained to Lowell who initially claimed it was nothing to do with them but the OC - when I pointed out that the default was added 7 months after they told me they bought the debt they basically realised what they'd done. I had pointed out the ICO guidelines and that I would take action and the result was lowells accepted the default should have been years earlier, corrected it (which meant it disappeared) and paid me over £650 in compo for the privilege.

 

So I guess I'm saying DCA's do add defaults but they should makes sure they do so in accordance with the guidance.

[markr1987]

So the plot thickens.

 

According to my credit file, the default under Lowell's name is in relation to a 'Communications Account' specifically BT plc. The default amount is around £100.

 

In the latest communication from Lowell, the name Vanquis as the original creditor and the outstanding balance as £886.00. I've since spoken to Vanquis who have confirmed they have an account in my name which was settled (an account I know about) a number of years ago and well managed. They also confirm the account number Lowell are quoting does indeed relate to someone with my name, but a different address and date of birth.

 

I'm stuck with what to do next, other than to formally complain to Lowell?

[silverfox1961]

Can you get that in writing from vanquis? If so, you then send a copy to Lowell alongside your complaint. They should then do what is right.

[L1882]

I'd definitely complain - and when you do so make sure you mention how much distress, suffering and indeed hardship this is causing to maximise the compensation you get.

 

https://www.handbook.fca.org.uk/handbook/CONC/7/13.html

[markr1987]

Formal complaint letter send to Lowell today. Thanks for the comments, will post their reply when I receive it

[markr1987]

Update - I had queried this with Experian but wasn't holding out much hope.

 

 

Experian have updated me to say they have spoken to Lowell

- Lowell have confirmed the debt relates to an address which isn't anything to do with me and have given Experian permission to update the address.

 

That was yesterday and as of this morning, my Experian report no longer shows any account for Lowell and my score has gone up.

 

Surely getting a resolution from these idiots can't be that simple???

[dx100uk]

what about the other credit file providers?

[markr1987]

I've messaged callcredit and equifax to dispute the account with them

[lookinforinfo]

I expect Lowell's have realised they have got it wrong again and by quickly amending things hope that they might get away without penalty.

[markr1987]

Just wanted to update this. I've now managed to have this default removed from Experian and Equifax reports, now just awaiting a response from Callcredit. Both Experian and Equifax quried the validity of the default/account with Lowell and the very quickly responded to both, advising that the address could be updated (to an address which has nothing to do with me).

 

Fingers crossed Callcredit get it sorted and hopefully that's me seen the back of these Lowell [problem] artists.