Credit Report Received Advice Now Needed

[Gooders]

All,

 

OK I have trawled through a number of threads to try and find the answer myself but "cannot see the wood for the trees!". So I NEED some help with what I should do next.

 

Firstly, I have just received my credit report from Experian and now I want to get the same from the other agencies. I believe there are 3 which are generally used but what are the other addresses.......can anyone help?

 

Secondly, there is a default on my record from Lowell Portfolio Ltd that I never knew about!!!! I am keen to get this cleaned up on my record. The information on this is that the start date is 20/1/99, Defaulted 29/7/03 and a current balance.

 

So what do I do next? Do I make a request within the CCA to get a copy of the default notice and agreement from Lowell? If so is there a standard letter I can use.

 

Any help will be greatly appreciated!!

 

Thanks in advance

 

Gooders

[Gooders]

Well for anyone who is having the same troubles as I am I have got 2 of the 3 addresses they are

Equifax Plc.

Credit File Advice Centre

PO Box 1140

Bradford

BD1 5US

 

and

 

Customer Service

Experian

PO BOX 7710

Nottingham

NG80 7WE

 

I keep hearing people talking about the 3 CRAs commonly used. If anyone can help with the name or even address of the 3rd it would be a great help.

 

Many thanks

Gooders

[Gooders]

Ok third found as

 

Call Credit

Consumer Services Team

PO Box 491

Leeds

LS3 1WZ

[mochamoo]

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Its letter N. Include the line some where in the letter "I do not Acknowledge this debt" and include a £1 postal order.

[Gooders]

Thanks mochamoo.

 

I have drafted this letter which will be copied to Experian.

 

Gooders

 

LOWELL PORTFOLIO I LTD

LOWELL FINANCIAL LTD

PO BOX 172

LEEDS

LS11 9WS

 

 

Copy to:

 

Customer Service

Experian

PO BOX 7710

Nottingham

NG80 7WE

 

4 April 2007

 

 

Disputed Debt & Consumer Credit Act 1974Request

 

 

 

Dear Sir/Madam

 

Re:− XXXXXXXX

 

Recently I obtained a copy of my credit report from Experian and it is with great shock that I note you have entered a default against my name. I have no recollection of ever being informed of this alleged debt and I have had no previous correspondence from your company. Please be aware that I do not acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order, in payment of the statutory fee. In accordance with the legislation above, I require that this information is provided to me within 12 working days and not within any ‘in house’ guidelines your company may work to.

 

Further, I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement, and a true copy of the original default notice. Again this must be received by myself within 12 working days or you will be in default against the Consumer Credit Act 1974.

 

I remind you that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

I also require that you only correspond with me by letter, as I will not accept telephone calls/messages of any type.

 

With reference to the above agreement, we would be grateful if you would send us a true copy of this credit agreement.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that I consider this matter to be “in dispute”.

 

Yours faithfully

 

 

 

Gooders

 

any comments?

[emmaf01]

I may be overly optimistic, but have you heard anything back?

 

I haven't been able to face looking at my credit report yet- I'm such a coward!

[Gooders]

Received today.......

 

"We can confirm that the credit reference for this account has been removed" Thank you very much Lowell Finance!!!

 

Great now just have to approcah the subject of, No Deed of Assignment, No valid CCA and repayment of monies paid towards this debt!!!

 

But even better for me, my Credit Report is now completley unblemished!!!! Think I will write off and pay the £2 to all 3 of the CRAs and frame the clean reports!!!

 

Emma,

 

Worth doing as I was fearful at first but it has been very worth while to clean it up!!!

 

Gooders

[emmaf01]

I fear mine is beyond redemption- ill health can let finances slip badly, and I have a terrible habit of not opening nasty looking envelopes.

[Gooders]

Ok I have decided to claim all the money back that has been 'paid' towards this alleged debt......which of curse they cannot show a legal right to!!!

 

I had sent a preliminary letter asking for the money back which has had a good ignoring so now its time for LBA so here is my first draft.......

 

As always all comments greatfully received!!!

 

Gooders

18 May 2007

Lowell Financial

PO Box 172

Leeds

LS11-9WS

REF: XXXXXXX

LETTER BEFORE ACTION

Dear Madame/Miss,

Thank you for your recent correspondence where you have confirmed that “we have now removed the outstanding balance from your account”, further I appreciate your apology for “the confusion caused by our administrative error”. However, your assumption or assertion that this matter is “now closed” is incorrect. I have included with this correspondence a copy of my previous letter where I outline what is required for this matter to be concluded to my satisfaction.

These requirements remain extant and although due to the time involved in processing this matter certain details have changed (ie the value I am claiming against you) I continue to claim against your company for the return of monies that have unfairly been levied and through pressure, been paid to your company. Further I claim administrative costs incurred by me personally in bringing this matter to your attention. This letter is to be considered a Letter Before Action where I will give you a further 14 days to contemplate your position, or lack of, before starting legal action against you through the small claims court. I have included also with this letter an updated schedule of charges in relation to this matter.

Before I highlight what is now required for this matter to be satisfactorily concluded I would like to highlight some salient points:

● In your letter dated 23 April 2007 you provided a document which you ascertain represents a valid Consumer Credit Agreement. The document you provided does not meet the requirements of a valid Consumer Credit Agreement as outlined in The Consumer Credit Act 1974. Therefore you have shown NO legal right to this alleged debt.

● At this time, you are in default of the Consumer Credit Act 1974 due to your inability to provide the requested information made in accordance with this act and correctly paid for. Namely you have been unable to provide the Original Default Notice and the Deed of Assignment. Thus you have further been unable to show a lawful right to the alleged debt and have therefore obtained the monies paid unfairly. In a gesture of goodwill I would like to point out that if you do not reply within the required time period to a correctly assigned and paid for request as detailed within the Consumer Credit Act 1974 you will commit a criminal act, which I will pursue if required.

● You have not provided any statement of account during this process and I therefore no other information about this alleged debt other than the alleged default amount and date combined with the assertion that the balance has been “paid in full” from a member of your staff.

What I now require

The return of all monies paid in respect to this alleged debt to the value of £458 plus interest at a rate of 8% compound interest and personal costs incurred. As you have not provided any documentation (despite being asked on numerous occasions) to the time period this alleged debt was paid over I have calculated the interest payable from the date you issued the default, namely 29 July 2003, which amounts to £155.85. Further to this I have incurred personal costs in bringing this matter to you attention amounting to £40. The total therefore I require to be repaid is £653.85. I have included a schedule of charges with this letter which includes the 8% interest under S69 Statutory Interest that I would be entitled to if this continues to the Small Claims Court.

I require that this money is paid to me in full and without conditions in 14 days. If you do not reply or do not reply positively I will be forced to pursue this matter through the courts without further notice. Further, I will be reporting your actions to The Office of Fair Trading and shall submit a complaint based upon the fact that you have failed to comply with your Consumer Credit Act 1974 obligations and are therefore not a 'fit and proper person' to hold a Consumer Credit Licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

Although I hope that we can come to an amicable agreement on this matter, you should be advised that I am treating this problem with the utmost seriousness, and if you do not respond positively within the required timeframe I will continue with all actions I deem necessary to gain a resolution to this matter. You should be advised that I can offer compelling evidence and argument should you choose to defend and indeed in many ways would look forward to the opportunity to do so.

I am extremely perturbed about your actions in this matter which has ranged from incorrect information being passed, unnecessary delay and default of Legislation, a dossier of which will be made available to The Office of Fair Trading should we not be able to come to agreement.

Yours sincerely

Gooders

What do you think???

[emmaf01]

Oh Gooders, I'm glad you're on my side- you can be scary!

[Gooders]

Thanks Emma,

 

There is always a time and place!! :p