Help needed re Lowell Financial & CCA

[maggieboo]

OK, so three things that going on at the moment with this.

 

1) FOS have written back saying that they cannot investiage any further as most of the complaint took place before 5th April 2007 and they do not have powers to investigate lowells before that date. Lowells obviously knew about this which is why they weren't too concerned that I complained to FOS.

 

2) I am now getting regular post from Red in respect of this debt, they are now collecting on behalf of lowells and they are sending the same letters as lowells just on Red headed paper. Do I ignore these letters from Red, or just carry on writing back to them saying that the account is in dispute with lowells and therefore I will not be paying them?

 

3) I have written a formal complaint to barclaycard in respect of the default that they recorded (without issuing a default notice). Would be most grateful if anyone could cast their eye over my letter before I post it in case i've written complete rubbish!

 

Upon recently checking my credit report with Experian, I was concerned to note that on 1st March 2008, your company recorded a default against my name.

 

Under section 87(1) of the Consumer Credit Act 1974, a default may only be recorded after a default notice has been served.

 

You have not served a default notice and are therefore in breach of the Consumer Credit Act 1974. The last correspondence that I have from your company was a letter sent 6½ years ago, dated 13th November 2001.

 

This default has had an adverse effect on my credit rating and has prevented me from opening a new current account with 3 financial institutions which in turn has caused me considerable personal and financial distress.

 

To rectify this unlawful breach you must immediately:

 

1) Remove this default and

 

2) Send me a copy of the most up to date or closing balance statement, as appropriate, that you hold on your files concerning the above account.

 

Please also provide me with a copy of your complaints procedure.

 

I do hope that you are able to rectify your error, failure to do so will mean that I will have no choice but to escalate the matter to the relevant authorities including, but not limited to, the Banking Ombudsman, Office of Fair Trading, the Financial Ombudsman, Trading Standards and the Information Commissioner's Office.

 

Yours faithfully

 

Does this seem ok? I know they don't have to send me a statement, but I need to have a copy of a Barclaycard statement for this account. (All will be revealed at a later date, can't really go into details at the mo but will keep this updated!)

 

Thanks again for any help!

[maggieboo]

ok, so I will continue to muddle through this!

 

I've decided not to reply to Red's letters. When I did that with lowells it was just never ending garbage. I shall leave Red and wait and see what happens.

 

my complaint to Barclaycard will be sent off later today.

[maggieboo]

Well, Barclaycard have not replied to my complaint about the default they put against my name and I am still getting letters from Red and Lowells and Hamptons. Hamptons are writing on behalf of lowells saying that they may have to start legal proceedings, which could increase my debt considerably as I would have to pay solicitors costs etc, and Red have sent a pre bankruptcy letter saying that they are considering making me bankrupt. Tut Tut aren't they aware of the OFT guidelines:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

 

Well, of course we know that they take no notice of these things!

 

Oh well, let's see what else they send me!

[Pinky69]

You seem to be left with 2 issues. The first is a bank account. You may need to settle for a basic bank account until you can get the default removed and if you google "basic bank account" you'll get a list of banks that provide them and what each offers. Secondly, ignore threats of bankruptcy or anything else - they have nothing they can take you to court with. You haven't had any success with getting support from the regulatory authorities so I would let the DCA know that any court action will be vigorously defended and as the application form they sent you is not a credit agreement, it is unenforceable in law. That lets them know you know your rights. Send that letter to their complaints department - letters sent through their mainstream system are just ignored and answered with more templates. If you haven't already done so, send them the telephone harassment letter you'll find in the Sticky at the top of this page.

[heartopp]

Bank Accounts... Nationwide is a good one, they had me, abby national is another one.

[maggieboo]

i managed to get a cashminder account with the co-operative bank which seems to be just what i need right now.

 

i came across a thread on here somewhere about default removal, it was almost like a step-by-step guide on what to do so i'll give that a shot.

[maggieboo]

Still getting letters from Lowells and Red, saying the usual 'can't understand why I don't pay', 'I must pay them within 7 days or else', 'pay within 7 days or it may result in going to court', 'we can offer you a one off 50% reduction'. etc etc.

 

Barclaycard ignored my original letter querying the default they entered so I re-sent it and they have responded saying they will deal with it by 27th August. I also emailed Experian to complain that Barclaycard had entered a default without issuing a default notice. They emailed me back the next day saying that they have put a correction on my credit file saying "THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA." and they have also written to Barclaycard for information on why it was entered.

 

Who knows what will happen next? I shall wait and see.

[maggieboo]

Had en email today from experian saying that barclaycard have now removed this default . checked my credit file and yes it has now gone, in fact all traces of barclaycard have completely vanished from it. Haven't heard back from them yet though.

[noomill060]

Excellent news!

 

Your thread seems to have slipped under the CAG radar, and had very little support from you fellow caggers, but you seem to to have got the result you wanted anyway!

 

Very well done, Barclays really dont like removing CRA defaults- I wonder what came over them. New consumer protection against unfair trading practice regulations have come in recently. Maybe this is what spurred them into action?

 

Well done anyway!!

 

If you need to draw attention to a thread, click the red triangle next to the scales and send a HELP! message to the site team.

[noomill060]

Just realised i had only read the last page. Doh!

[maggieboo]

thanks noonmill!

 

that complaint form will be very useful as that was next on my list seeing as I've exhausted trading standards and financial ombudsman.

 

as for the red triangle - I thought that was just to report a post that was considered offensive or something! not a cry for help!

 

I have felt a bit lonely sometimes but honestly there is so much help here from other threads and i have had tons of support and help in the past that has given me the confidence to keep fighting back!

 

thanks again

[Brassed off]

Had en email today from experian saying that barclaycard have now removed this default . checked my credit file and yes it has now gone, in fact all traces of barclaycard have completely vanished from it. Haven't heard back from them yet though.

 

Yay, result

 

Well done Maggie. It just goes to show that if you hang on in there and keep battling, you WILL get a result in the end.

 

 

[maggieboo]

i have just received a letter from barclaycard. they are apologising that they have not yet been able to resolve my complaint but will contact me again before 24th september 2008. there is no mention of the default or its removal.

[maggieboo]

All has been quiet since my last post, no letters from lowells, but today I had a fishing phonecall from Mackenzie Hall. they wanted me to confirm who I was, name, DOB, address. of course I didn't confirm anything with them - just told them that they should put their requests into writing.

 

they said that they couldn't do this as they had two addresses for me and wanted me to confirm to them which was the correct address. I told them that if they had the right person then they would have the right address. they said that I had to tell them my present address because they were collecting money on behalf of lowells in respect of outstanding credit card debts. I asked them why they had given me this information when they did not even know that they were talking to the correct person and that they had no right to phone someone and discuss a possible outstanding debt without even knowing who they were talking to. they said that they had written lots of letters but they needed to confirm that they had the correct address so I just said they should have found who they were writing to before they wrote their letters!

 

I'll wait and see what happens next.

 

I don't know how they got my number though - we're ex-directory and all the bills are in my partners name.

[maggieboo]

I seem to remember from reading other posts and threads over the last couple of years that once Lowells pass you over to Mackenzie Hall then it is safe to say you have won - is this true or just wishfull thinking on my part?

Edited March 18, 2009 by maggieboo
moved my smiley

[Curlyben]

Muckie Hall, aaarrrrrhh yes.

They specialise in the completely unenforceable and statute barred

[maggieboo]

it's not statue barred yet but completely uneforceable - yes

[Curlyben]

Well anything you get from them file under I

[maggieboo]

good plan. i'm sure letters will follow Mackenie hall's phonecall but they can join the letters from lowells. (in the filing cabinet, not the dustbin - sorry recycling bin)!