Lowell incorrect CFR default date - creation finance debt **WON+COMPO**

[jon8214]

Hi I have had an old debt with creation finance now managed by Lowell

 

Lowell have confirmed that the last payment was in May 2011 but the default on my credit report is aug 2013, I would have thought it should of been between Aug and Nov 2011 under the 3-6 mth rule

 

Lowell are refusing to change the default date and they are also saying its not stat barred as the default was registered in 2013

 

Now I know they are talking the preverbial bull about it not being stat barred but how do I go about forcing them to change the default date?

 

cheers

[Bazooka Boo]

Ha ha ha good old Lowlifes, how they continue to operate, least of all be solvent, is anyones guess!?

 

 

Which CRA is reporting dud info?

 

 

Inform the CRA in writing, that they are processing inaccurate data and to correct it.

 

 

As for lowlifes, you could submit them a LBA giving them 7 days in which to correct the entry, failing which you will issue a claim against them for defamation and sue them for a four figure sum.

[jon8214]

thanks Boo

 

its all 3 agencies

 

ive already been onto them and they are just saying they are reporting what they are told and to contact Lowells

[jon8214]

any idea on the layout of a LBA as I have just spoken to them, recorded of course, and they are point blank refusing to investigate it never mind changing the date

 

Ive had enough of this sharks

[jon8214]

I was thinking along the lines of -

 

Dear Sir/Madam,

 

I herby give notice that unless the default date on account number xxxxxxx is changed to a date within the 3-6mth period after xxx May 2011, within 7 days I reserve the right to issue Court proceedings against your company for defamation of character and also claim a four figure sum in damages.

 

Regards

 

xxxxxxx

 

Just for info this would be lodged in Northern Ireland.

 

Who would I address this to?

[dx100uk]

moved to the creation finance forum

nothing to do with lowells or the CRA's

write to the OC and complain creation finance

a DCA cannot default a debt

[jon8214]

Thanks DX, have sent compliant to creation

[jon8214]

Here the account statement showing last payment date-

Creation.pdf

[dx100uk]

usual letter then as before

write inc that give them 14 days to recify the defaulted date else a formal complaint will be raised with the ICO ad financial compensation sought

[jon8214]

Heres a copy of the CCA and T&C's they sent me

 

Looks to me like the T&C's are wrong as they look to be about insurance

 

Ive sent the complaint to Creation and also a SAR under GDPR

 

So will wait to see what they come back with ref the default

 

Anyone got any comments on the attached?

 

Cheers

 

Jon

Creation.pdf

[AndyOrch]

Creation Finance is mainly for Car Insurance.

[jon8214]

Thanks Andy but this was a credit agreement for a bed from dreams

 

So in my eyes it’s the wrongs t&c’s

 

Am I right In thinking that?

[AndyOrch]

You are indeed

[jon8214]

Thanks Andy

[jon8214]

Well ive received the SAR from creation

 

nothing really new in it apart from copy letters they sent to me

 

As per the CCA the main thing about it was the last payment was in May 11 but they didn't default me until Aug 13 so over 2 years from last payment to default

 

Also they didn't send any letter about arrears until 24/04/13 which is again almost 2 years after the last payment

 

I phoned Creation for an update on the complaint and have been told its in the queue to be looked at

[dx100uk]

so you/ve found a record of the default in the sar comms/account log?

[jon8214]

Yes mate

 

It’s the LEPTERM line on the above screenshot

[dx100uk]

send them proof of last payment may 11

give them 14 days to correct the defaulted date mistake [tell them the dates etc]

else you'll open a serious complaint with the ICO and seek financial compo.

[jon8214]

is that to creation or Lowell?

 

ive already got a complaint open about it with creation

[dx100uk]

creation

only the OC can register defaults

not some powerless DCA.

[jon8214]

well as a final update to this, I have received a letter from Lowell stating that the account is closed with all records removed from the CRA's and they have enclosed a cheque for £50 as way of compensation

 

So a good outcome in all respects, a donation will be made and that's to all for their help

[dx100uk]

thank you

title updated

[Bazooka Boo]

Excellent well done!