Trying to improve my credit file & get debt free ***SUCCESS***

[kennyparkroad]

take the account number off and replace it with XXXXXXX

 

post NO personal details on this forum.

[kennyparkroad]

I also notice that this alleged debt is being persued by Lowell Financial. I understand that you can not both have issued defaults for the same account and therefore please provide me with written confirmation of who exactly, if at all, the debt was sold or assigned to.

[kennyparkroad]

just out of interest, ive had a lot of dealings with Lowells, did they reply with CCA - my initial guess would be NO.

[championless]

Thanks Kenny.

 

No they didn't reply so i faxed them last night. Changed the letter so will send them tomorrow morning.

[kennyparkroad]

good stuff, keep me updated.

[championless]

Just to keep you updated... Received a letter from Wescot on friday following the fax that i sent last week. It basically said, we can find no record of you on our system so please supply your Wescot reference. I called them up, I know I shouldn't have but just wanted to get it sorted. They were very helpful and polite, unusual for a DCA, and after a few minutes they found the reference number. I wrote on the letter that I had to ring them for this number and didn't know how they couldn't find it. Sent it back recorded with a copy of the fax.

[kennyparkroad]

so whats their position now?

[championless]

I'm awaiting their reply, after i found my reference number for them bu ringing up their offices.

[championless]

Received this on Saturday from Lowell, just days before the 30 day limit:

 

Dear Miss Championless

 

We are writing following our previous letter dated 20 June 2007. (Never received)

 

It has been brought to our attention that the original creditor is no longer in a position to provide us with a true copy of the original credit agreement. Under the circumstances, we would advise you that our files have been closed in respect of this account which is being returned to Barclaycard.

 

As a company we are well aware of our obligations in respect of the Consumer Credit Act following such a request as yours, and your comments are duly noted. However, your guidance is certainly not required and neither do we require certain sections or sub-sections of said act documenting.

 

It is not accepted from your correspondence and the information received from Barclaycard that the default entry to which you refer is either inaccurate or in breach of the principles of the data protection act 1998. From the point of purchase of the debt from Barclaycard, Lowell Portfolio 1 Ltd has become the date controller as defined by the data protection act in respect of this matter in place of Barclaycard, from whom the entry originated.

 

In view of the above and in the absence of any information to the contrary it is our belief that the default entry registered on your credit file accurately reflects the manner in which you conducted your account with Barclaycard. Therefore, we can see no justifiable reason why this default should be removed from your credit file.

 

We trust that the above clarifies matters for you.

 

Yours sincerely

 

I.M.A Stupidhead

 

 

This letter amused me, it really did. The tone of it just made me laugh so much. Any suggestions on a reply? I'm pretty sure that as they cannot prove i owe this alleged debt, then they can neither prove that they have the right to process my data. Is that right?

[kennyparkroad]

i would write back to explain that (taken from a letter i sent myself to littlewoods)

 

 

 

As you have already confirmed your inability to comply with my legal request for a Consumer Credit Agreement (Consumer Credit Act, 1974) because no such agreement exists, the above account remains entirely unenforceable.

However my concern is the default placed on my credit file on (INSERT DATE). This default was placed whilst the account was clearly in dispute, you should know and already be aware that a creditor is not permitted to take any action against an account whilst it remains in dispute as per the guidelines of the OFT. - (PUT THIS SECTION IN IF IT WAS IN DISPUTE - OTHERWISE RE WORD)

The lack of a credit agreement is a very clear dispute and as such the following would apply:

• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

I would like to direct your attention to the last line.

Furthermore, as you remain unable to provide such evidence of my signed consent to pass/share my data to third parties, I hereby once again request the immediate removal of all default entries with Credit Reference Agencies. I also require written notification when this has been achieved, within a period not exceeding 14 days from receipt of this letter.

 

Failure to provide me with such notification will leave me with no alternative but to commence court proceedings against your company, including a claim for compensation in relation to the unlawful registration of adverse information against my name.

 

Please be aware, that the Consumer Credit Act, 1974 is very clear; stating that a default can only be issued for breach of a valid, regulated Credit Agreement. As you have already confirmed that no such Agreement exists, a default cannot therefore be issued against a non-existent Agreement.

 

Without ambiguity, I trust that I make myself perfectly clear and look forward to your positive response in removing all default entries against my name, in order to finally bring this matter to a close.

Finally, could you please write to me with an address to which I can correspond to for your company secretary and could you also provide me with a copy of your complaints procedure.

[lemma1968]

As a company we are well aware of our obligations in respect of the Consumer Credit Act following such a request as yours, and your comments are duly noted. However, your guidance is certainly not required and neither do we require certain sections or sub-sections of said act documenting.

 

Oh hark at him!!!:o

 

You clearly rattled his cage!!!

 

Give the girl a medal!!!!

[caro]

As a company we are well aware of our obligations in respect of the Consumer Credit Act following such a request as yours, and your comments are duly noted. However, your guidance is certainly not required and neither do we require certain sections or sub-sections of said act documenting.

 

So he seems to be suggesting that they know they can't enforce it, but thought it was worth a shot anyway!

 

Keep up the good work.

[spiritgirl59]

As a company we are well aware of our obligations in respect of the Consumer Credit Act following such a request as yours, and your comments are duly noted. However, your guidance is certainly not required and neither do we require certain sections or sub-sections of said act documenting.

 

 

ROFLMAO

 

He's spat his dummy out good an' proper Championless !

 

Well done to you!

 

And seriously - caro has made a very valid point. It makes you wonder just how many of them work on this basis!

 

Love Spiritgirl x

[championless]

Cheers Kenny! To the rescue as usual!

 

I know what you mean Lemma, Caro & Spiritgirl, it's just a joke!!! If they WERE well aware of their obligations, then they'd know that they have to remove the default!!! I was looking forward to receiving these letters, they sure know how to shoot themselves in the foot don't they?! Will send this letter now and see what happens!

[kennyparkroad]

as usual keep us updated

[championless]

Just an update. Lowells sent me the above letter recently so i'm going to send the letter suggested by Kenny to them tomorrow.

 

Intrum Jusititia wrote to me some time ago stating they they could not provide the CCA, so i sent them a letter requesting that they remove the default of my credit file and have received no reply since. Should i send Kenny's letter above to them as well?

 

The rest have now committed a criminal offence. I have received no communication from them. I sent a letter a few weeks ago reminding them of their obligations and asking them to remove the defaults. Any ideas on what to write to them?

 

Do absolutely ALL letters need to go recorded or is it just the original CCA requests? Would proof of posting suffice if not? As it's getting expensive sending recorded all the time?

 

Thanks

Championless

x

[kennyparkroad]

recorded is advised as then you can prove without doubt its been recieved.

 

yes send my above letter to Intrium (if its still on your credit file)

[championless]

What about the ones who have committed an offence? Send them the same letter?

[championless]

Any ideas what to send to the ones who have committed an offence?

 

I received this letter from Capquest today:

 

http://img.photobucket.com/albums/v415/adele69/scan00011.jpg

 

There is no reference to this on my credit file. The letter seems really serious and i'm quite concerned that they're talking about bailiffs and stuff, or is this just a scare tactic? What should i do? Should i CCA them?

[spiritgirl59]

Hiya Championless:)

 

I would definitely CCA Capquest.

 

Make sure you send it Recorded Delivery in case you need to track it as you know.

 

At least when you CCA them the account is officially in dispute, so they would be really stupid if they began proceedings because you could show to the Court that you wish to sort it out, and are doing it the proper way, and they are simply wasting the court's time.

 

As for the ones who have committed an offence, I personally didn't contact any of mine until they contacted me, at which time I basically told them to s*d off as they HAD committed an offence and until I received a properly executed CCA agreement from them I had nothing more to discuss with them.

 

Most of them didn't respond after that, and in a few cases the alleged debts have now been sent to new DCAs so the whole scenario has started all over again and I have CCA'd the new DCAs. Many of the alleged debts I feel are just going to keep going around in circles until it clicks home that there is no agreement and as such I have no obligation to them.

 

Good luck, keep us posted won't you?

 

Love Spiritgirl x

[conar686]

Just a note regarding processing data when there is no CCA produced after the 30 limit, I've added the following para to a letter to Information Commissioners Office, Littlewoods & Experian and am awaiting a responses.

 

"However the Information Commissioners Office take the view that if they process data while in breach of the CCA, then that is just plain and simple unlawful processing. And as such, it does not matter how legitimate their interests may be, they cannot process that data.

 

The 1st Principle states "Personal data shall be processed fairly and lawfully"

Data can be unlawfully processed by for example;

 

a. Legitimate expectation not occurring as the controller has used some information in an unexpected way by the data subject.

b. Processing data on the data subject while in breach of a CCA request.

 

Data can be processed unfairly for example by;

c. Where particular disclosures had not been envisaged.

d. Apparently not having received the "fair processing information."

 

I think its the best chance we have of getting data removed as, in my experience, all of them rely on the following to continue processing data whatever argument you put up.

 

“The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject.”

[championless]

I want to get the ones who have committed an offence to remove the data from my file, as that is the goal of this. I don't want to wait a couple of years for it to fall off my credit file, i need to be pro-active. I know it's not going to be easy, as they will not remove the information without a fight, but if they cannot prove that i have given consent for them to process my data, then they are also in breach of the Data Protection Act, am i right?

 

I just want to write to them again to get this moving. Does anyone have any letter templates that might be suitable? Or would the appropriate next steps be to submit a complaint to trading standards and the information commissioners office?

[kennyparkroad]

i would complain to the ICO

 

but the ones that have defaulted send them a s10 notice to stop processing your data, and in the same letter demand the info be removed form your credit file, then if they DONT then you report to ICO.

 

 

PS - CCA Capquest and include a copy of their letter for ease of reference.

[championless]

i would complain to the Information Commissioners Office

 

but the ones that have defaulted send them a s10 notice to stop processing your data, and in the same letter demand the info be removed form your credit file, then if they DONT then you report to Information Commissioners Office.

 

 

PS - CCA Capquest and include a copy of their letter for ease of reference.

 

Hey Kenny.

 

I have written to the ones who have committed an offence about a month ago asking them to remove my data and they still haven't, nor have they communicated with me. Should i send them a s10 notice or just go ahead and report them?

 

With regards to Capquest, what do you mean, include a copy of their letter? Do you mean copy the letter that they sent me and put it in the same envelope with the CCA request?

 

Sorry if i sound stupid, just want to be clear before I take my next step.

 

Thanks

Championless

[kennyparkroad]

well CCA capquest and mention your issueing this CCA in response to their recent letter (include a copy of the letter)

 

of course you can just send the CCA by itself.

 

so none of the companies have replied since they defaulted?

 

just report them then.

 

report them to the FOS too, and each and everyone of them will get £400 bill for the pleasure.