Jump to content


pluribus

Lowell claimform - old vanquis debt **WON** but still trashing credit file

style="text-align:center;"> Please note that this topic has not had any new posts for the last 541 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello Caggers!

 

Back in January I went to court against Lowells for a debt that didnt exist and won.

 

I've just looked at my credit file for another reason and am astounded to see that Lowells are still registering defaults on this account

- the most recent being updated last week.

 

The Judge decided there was no case to answer and that the account had been closed satisfactorily in 2013 with a zero balance.

 

Looking at the credit report, it clearly shows the account is considered active and Lowells have updated the default every month since August 2014 until last week.

 

Is there anything I can make them pay for this?

 

This account was found by the Judge to have never been in debt at any time (other than during the normal operation of the account).

I never went near my credit limit and always paid in full, every month without fail.

 

The account was paid off in August 2013 and closed the next day.

He also found there was no legal basis for any collection activities to take place, including adding defaults.

 

I did get a default notice last year, around the same time I got the N1 from the CCBC, but none at all this year.

 

I really want to make Lowells pay for this.

The judge dismissed all their claims and categorically stated I owed no money to any person or entity with regards to this account.

They are ignoring this.

There should be NO defaults registered against this account at all.

 

What can I do?

 

Ian

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

Well if you have enough grudge, I would suggest a small claim for breach of the data protection act not only against Lowell but also against the original creditor. Who were they?

 

Are you able to give us any idea of any damage or loss or stress/distress that you might have suffered as a result of this inaccurate information being placed on your credit file.


Share this post


Link to post
Share on other sites

Thread moved to the appropriate forum.Please continue to post here to your thread.

 

Regards

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Original creditor was Vanquis.

 

I'm self employed and have had several high-value tenders turned down in the last 6 months or so, but I cant prove thats because those people did a credit check (likely though, due to the industries involved).

 

Feeling a tad stressed now you come to mention it.

Headache too.

Nothing at all to do with the primary school next door...

I might have to lie down for a minute or two...

 

Seriously though,

I did have an application for a mortgage refused last year,

(which I could easily afford to pay off in as little as 8 months).

These defaults would not have helped that application at all.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

I suggest that you start off by making an SAR request to Vanquis and also to Lowell – although Lowell may well pass on to Vanquis. You may as well try and find out the whole story and see what they got on the records at the moment.

 

Is there no trace on your credit file of the searches which have been made? You could also send SARs out to the people who have refused you credit and also to the company which refused you the mortgage to obtain solid evidence of what has happened.

 

I would also begin a complaint to the information Commissioner. You can probably start that on the telephone and then supply evidence such as a copy of your credit file and a copy of the judgement – although what you have probably won't contain all the judges comments and that would be important to have.

 

Suggest that you call the court and ask them if you can get a transcript of the judgement. You will probably have to pay for this.

 

This all might sound like a load of hassle if what you say has happened then it may well be that you can get some compensation from Vanquis and also from Lowell as well as a judgement against each of them and so it is probably worth taking the trouble.

 

You won't get a firm decision from the ICO but what you are likely to get is a confirmation that they are "unlikely to have complied with the Data Protection Act" – and that will be good enough.

 

I would suggest that you send the SARs out first and then once the disclosures have been returned you can then start to approach Lowell and Vanquis and demand that the matter be dealt with. This won't prevent you suing them, of course.


Share this post


Link to post
Share on other sites

I've already got the SARs from when I gathered docs for my claim.

This was in court in January though, so I will have to dig them out of the filing cabinet and take a look through.

 

Definitely want the compo - dont really care how much, just want them to be out of pocket.

 

I've downloaded the complaint forms from the ICO website, they've said because I have supporting docs it would be better if I sent copies through the post with my complaint.

Happy to do so as it forces them to write a response back to me.

 

Too late to speak to the Court when I tried, so will do so again on monday.

 

Thanks for your assistance.

 

Ian

Share this post


Link to post
Share on other sites

Make sure any documents you send – even to the ICO, are sent tracked special delivery – next day delivery. You need to keep in control of everything. Don't leave anything to chance. Don't assume that deliveries will be made. If you go to court, don't assume that they will be efficient and not lose your papers. Don't assume that they will communicate with you correctly. Check, double check, telephone and check. Any phone calls, read our customer services guide – although you've been here since 2006 so you record your calls already don't you?


Share this post


Link to post
Share on other sites

sadly but its nothing to do with lowells

only the original creditor can default a credit file

lowells have simply updated the calendar section which means ZERO.

 

your beef is with Vanquis

they would have legally defaulted the loan by a default notice either prior to the sale or sometime before the sale

that date will be listed on your credit file as 'defaulted date'

 

go after vanquish and the compo of the total sum of everything 'credit' you have been since that date

 

they cough as they've been fined by the FCA and the FOS and are STILL under investigation.

 

i'd be quick though

 

jungle drums have it that provident. vanquish, moneybarn & sunny are all going to be wound up by the end of the years as theres noway the FCA will allow them to re register for a consumer credit licence once they each expire.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Just waiting for replies to my new SARs to Vanquis and Lowell.

 

Attached in a screenshot (info removed) showing my credit file with Lowell listed as the Lender. Each red dot is equal to £400.

 

Vanquis isnt even listed anywhere on the credit file, either open or closed accounts.

 

VCqw3JW.jpg

Share this post


Link to post
Share on other sites

Lowell are not the lender

they are whos name replaced that of vanquish when they purchased the debt.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...