Lowell Financial - HELP!!

[Ladidi]

Hello all

 

I beleive I have unique case here against Lowell but can I get them to do the right thing about it? can I heck. No sooner have they put things right they are back again making the same demands.

 

My husband and I got a credit some years ago. We was paying it off bit by bit anyway it got to the stage where we were sick of the sight of it. So I called Lowells who were dealing the debt and I said look you want the debt to go away we do too. Lets make a deal. and we came to an agreement of £500 for each of them paid that day and the debt was gone.

 

This was all November last year. Lo and behold come January of this year. Lowell filed a bad debt against us both saying we owed them money for a credit card debt. I argued the case and said check the records I think you will find the debt was paid in full as agreed by yourselves. They did and agreed it was. I said so how come your company have filed bad debt against me and my husband for something that was agreed and paid full and demanded they remove it from our credit histories. Several arguments and a managment dealing later. They agreed to rectify the record but only to show the debt was paid even tho they filed this after the debt was paid they argued saying it will stay on our credit history for the next 6 years. I told them they could not file something after it was paid and agreed in full. They argued they could. Anyway they finally filed onto our credit history settled.

 

But guess what, they have recently re added them to our history all over again and stating the same balances outstanding.

 

And not only have they done this, Barclays have done this too for a closed account that was paid off in full in june last year and account closed. But because I have sent them a letter requesting repayment of unlawful bank charges they have filed a bank account against me that was closed!!!:o

 

My top and bottom of this is.

 

A) What can I do about this?

B) Is there anything I can sue them for?

 

Can anyone help???

 

All help appreciated. Thank you and sorry for it being so long.

[gerryb2]

Hi Ladidi,

 

I believe that some DCA's and CC companies will mark your record as partially satisfied when you agree f &f. They should have explained this to you when you were negotiating with them. This would not affect the date that the default was registered though and should be the same as before. It will stay on your record for 6 years unless you challenge it. Have you gone through the motions of checking the account for charges, true agreement etc?

 

I would ask for a copy of your agreement (£1 fee) to check whether they have a right to record anything at all under the terms & conditions

[Ladidi]

Hi Gerryb2

 

I`m sorry but I`m not quite sure I understand what you mean!

My understanding of law is that if the debt is paid off in full and was never on your credit history to begin with and debt recovery firm buy it and you pay off a balance that is agreed then that is the end of the matter there and then, from point of agreement and full and final settlement figure.

They cannot come back and state debt is outstanding or even register something that is paid off after the fact.

Yes I agree some of the money that was paid was charges which is what I intend to reclaim. But as Lowells and Barclays have filed things onto my account after the fact they have damaged my credit history and made it harder for me to obtain a lower mortgage deal.

If you cant go back and sue a company or insurer once a deal is set then debt companies should not be allowed to come back and file bad debts once they have been paid in full and agreed. Especially more so if the debt was never on the credit history in the first place

 

Ladidi

[gerryb2]

sorry if I misread original post. I thought that a default had already been registered before Lowell bought the debt. However, Lowells seem to think they are a law unto themselves with regards your information. They will maintain that they were entitled to provide info to CRA's as payment by you was an admission that debt existed.

 

I would still ask for copy of agreement as without this you don't know what you have agreed to. Others more knowledgable than me may have additional advice - they'll be along soon

[Ladidi]

Thanks Gerryb2.

 

I am at the end of my tether with them. everytime I get it straigtened out they seem to come right back at me a couple months later.

 

I am also most positive if it was not registered in the first palce and debt is paid in full and no longer exists they cannot and should not be allowed to register something after the fact.

 

They certainly should not be allowed to come after you for something that was paid in full!

 

I feel I should be able to turn the tables and demand punitive damages from them and an appology for their incompetence.

 

Ladidi

[Vampyra]

In my opinion you need to do as Gerry says and get a copy of the Credit Agreement first. You must send it Special Delivery - 1st class and signed for is great but Special Delivery is easier to trace. Send a £1 postal order - never give them your signature or any other bank details. You need to give them 12 working days, plus 2 days for post, then they are in default if they cannot supply the agreement. If in a further 30 days/calender month they fail to produce this, they have committed a criminal act - nice bargaining tool!

 

Then you should send an SAR request and a £10 postal order to Barclays Bank. This should show what has been going on.

 

Did you get confirmation that the F & F settlement was paid, in writing? If not you may of wasted your money.

 

Once you have all of the documents in your possession, you are in a greater position to know what has occured and when. Then you can plan your course of action.

 

Hope that helps!

[Vampyra]

Actually send the SAR now too! They have 40 days to comply!

[gerryb2]

And if they do send you an agreement, post it here to get it checked for compliance. They have a habit of sending out copies of application forms and pretending that this complies with CCA request.

 

The best move you have made so far is contacting CAG. Don't rush things and do what Vampyra suggests.

 

Keep your thread updated and many will help

[Ladidi]

Thank you to both of you.

 

When I paid the ammount due I paid using my bank card dets and this will show on my bank statement so if they argued in a court of law I will argue and say that as all calls are recorded I have their voice on that same call stating they accept that payment not only with their first member of staff but also with the member of staff who also agreed that they are taking a full and final settlement.

 

I will not pay them any more money and if they threaten me I will insist they carry this out and the same to their lawyers. My telephone bill statement will also show the day dates and time I have called the company on various times on the day of agreed ammount and after this arguing and my credit history also shows the record of when they updated and readded and closed and satified and readded the same account.

 

I think in the court of law they will not have a leg to stand on. I also think that it is diabolical that they think and feel they can do these things and get away with it.

 

NOT WITH THIS LADY THEY WONT!!

[rory32]

Ladidi,

This may be of interest, although the letters are to a bank the same principles apply.

 

Remove Default Notices on a Credit File - We show you how

[Ladidi]

Hello rory32,

 

Many thanks for that information I have just read it with great interest and intend to use it against Barclays as I had a loan with them and I did not receive any of the information they mention with repsect to it showing on my credit files so I am going to try and get it removed.

I have paid the debt in full and they kept assuring me that even though the debt was paid it would not make much difference and it turns out it does very greatly. So I am going to hold off remortgaging for another 3 to 6 months and see if I can get them removed to obtain a better interest rate deal.

 

My first letter will be in the post come tomorrow morning.

 

Many Thanks

 

Ladidi

[rory32]

Glad to be of help Ladidi........good luck.