Barclays OD - 5 Defaulted Accounts on CRa file !! 4 from lowells !! for the sane debt!!

[tifo]

what they're saying is that since i have many other defaults, then their extra 3 made little difference, unless i can get proof from the loan/mortgage bank that it did.

 

its a difficult one to quantify when i have many defaults and 3 CCJs.

 

but, it is true that their defaults did make some impact. It's just proving that point.

 

anyway, we're still in negotiation.

[120805]

Hi tifo, I have just subscribed to your thread. Whilst reading your thread ive had my hands gripping onto my chair wondering whats going to happen next! Ive just written a brief letter to HBOS for defaulting me twice with every credit reference agency on the same account for an unauthorised overdraft. I too have asked for complete removel of the 2nd defaults along with proof thay they notified me of the first one and ive asked for compensation (but not stated an amount).

 

Have you got an update on your case yet?

[tifo]

no update as yet ...

 

i'm still waiting for the comprehensive reply that their director keeps 'threatening' me with.

 

but they have closed the two accounts and i don't know about the default removal as i am still waiting for updated reports.

 

there remains the compensation issue which they are not agreeing to.

 

so far, all the 'appropriate' organisations such as Information Commissioners Office, TS, CSA etc have been totally useless and not even bothered to reply to my complaint.

 

i might start considering legal action soon as its taking the urine now.

[tifo]

finally .... something happened.

 

they've already offered to write off both the debts but no compensation. I'm refusing at the moment as i'm saying they have to write them off anyway as no proof of ownership.

 

so, today after 6 months, they send me documents ....

 

basically .... NOTHING! ....

 

all they sent are statements from each creditor, which i did not ask for and i do not need as i have them anyway.

 

for one credit card account, they sent a photocopy of the APPLICATION FORM containing nothing but my name and address and signature box on an A5 sheet of paper (half an A4). No other text.

 

so i've politely told them to write off the accounts completely and also remove all defaults and provide compensation, as i've had enough of this and for them to send me what they have done after 6 MONTHS is nothing short of a p**stake.

 

does anyone know who the top guy is at Lowell as his monkeys have no idea what to do?

 

comments anyone.

[tifo]

ICO have concluded their inquiry.

 

Lowell have admitted to breaching the DPA in two instances (well, what could they say) and the ICO advice to use the court to claim compensation under s.13 DPA.

 

ICO say they have no powers to punish any company.

 

rang Lowell and said yes, we know, but we are not going to offer any compensation, other than the offer to write off the accounts as we did before.

 

but since then, the credit card provider has sent my refund to Lowell so the write off now is much lower than the write off before and i am losing this refund.

 

if i issue proceedings for compensation under s.13 DPA and use ICO letter as evidence, as well as my credit files, what are the chances i will get something more than what they're offering now (no s.78 CCA compliance and write off accounts which are probably unenforceable anyway)?

 

i cannot show any financial loss other then the effect on my credit score and financial credibility etc.

 

any advice?

[tifo]

Now to claim compensation from the court re s.13 DPA and FOS guidelines for non-financial loss as well as kpohraror vs Woolwich precedent where the price of a default was set at £1,000 + value of default. For 3 seperate defaults i would be asking nearly £4,000.

 

They are chasing the account in question but my claim against the OC has been put on hold re test case and is about £300 more than the amount Lowell are asking, without supplying any requested agreements etc. It was a business current account so s.77/s.78 does not apply.

 

How should i start the ball rolling as any advice would be very helpful.

[tifo]

i am thinking of sending them a letter headed NOTICE OF INTENTION TO ISSUE A COUNTY COURT CLAIM (much like their from Hamptons) stating i have attempting a resolution etc.

 

Are there any legal terms etc i should include in this letter?

[tomterm8]

You should include the phrase "Section 10 notice under the data protection act 1998 to rectify data" in your letter.

[tifo]

You should include the phrase "Section 10 notice under the data protection act 1998 to rectify data" in your letter.

 

they corrected the mistake in April but i want compensation because Lowell Financial had absolutely no right ever to default me in addition to Portfolio as they are only an agent.