Lowell Financial/Portfolio DCA

[marson_123]

This is my first post so hope it goes ok.

 

Right basically I was contacted in August last year by Lowell for a capital one credit card debt of around £600.

I have sent a CCA request on 21/02/07. They defaulted and also didnt provide the documents after the 30 calendar days under the CCA.

I have received the credit agreement today, which is actually the application first filled out for the c/c.

Now they haven't supplied me with a statement of account or deed of assignment, just the agreement.

Im a bit stuck as to what to do next really, I know the dept is not enforceable as they have commited an offence under the CCA.

The only thing is they have added a default to my credit report and which was only added when I sent the cca request.

They also conducted a credit search on me after that too, does anyone know if they are allowed to do this as I didnt consent them to do it.

Any help would be greatly appreciated.

[kennyparkroad]

send them this

 

I refer to your letter dated xxxx

I note that you have sent me a copy of the application form for this account and a copy of your terms and conditions. (IF THEY HAVENT SENT TERMS AND CONDITIONS TAKE THIS BIT OUT)

 

However, on the (DATE SENT CCA) I made a written request for a copy of the executed agreement under s77/78 CCA. This letter was sent by recorded delivery and signed for at your office on (DATE DELIVERED).

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

Please note that your company is now in default as this request was not complied with within 12 working days as prescribed by the CCA, and that you have also committed a criminal offence by exceeding the further one month statutory time limit.

 

I now require that you provide me with a copy of the correct document, or your written acknowledgement that you are unable to do so, within 14 days of receipt of this letter.

 

Please also note that until such time as you do provide me with a true copy of this document, the agreement remains unenforceable and no further payments will be made.

I also note you have added a default to my Credit File.

I want with immediate effect, this removed from my file as the account was in dispute therefore legally no further actions should have been taken until my request was satisfied.

I give you 14 days to effect the above, failure to do so will result in a complaint being lodged with the OFT, Trading Standards and all Credit Reference Agencies.

 

 

 

Hope this helps.

 

Kenny

 

[marson_123]

Thanks for that Kenny will send it tomorrow.

Will let you know the outcome

[kennyparkroad]

any updates?

[marson_123]

Sorry been so long but here's an update for you all.

 

Basically Lowell have admitted to not having the cca but they will not remove the default they placed on my credit file as they are telling equifax the information is correct. I have reported them to The Information commisioners office and the financial ombudsman, unfortuantley The financial ombudsman has written to me stating they cannot investigate Lowell as the company only registered with them recently and my complaint is from before they registered so they cannot investigate. Have still to here from the ico. The financial ombudsman has recommended I approach The CSA who govern debt collectors anyone had any dealings with them to see what they do.

 

Will try and update soon

[kennyparkroad]

you could also apply for a court order and costs and compensation as its damaging!

[dx100uk]

you need to write to the CRA.

they have accepted a default without verifying the Co.

if they have no CCA they cannot default you.

 

the default must be removed, toally.

 

dx100uk

[kennyparkroad]

the problem with the Credit Reference Agencies though, is they will NOT remove the information unless they are told by the companies themselves, i have written regarding 2 different companies/circumstances and was told the same thing - "We only remove information on instruction by the company involved"

 

Therefore his complaint to the ICO is the best thing he could have done.