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Lowell/Red - can they search my credit records?


fletchie
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Hi,

 

I am new to ths forum, so please bear with me on this. My memory is alittle sketchy due to the amount of time that has passed...

 

I had a creditcard debt with Barclaycard which was being being paid at £10 per month via a Debt Collection Agency. - Mercers. I'm not sure either how much was outstanding when I defaulted, but I think about £1000. (Some of it charges) This relates back to about 1999 and I continued to pay the £10 up to 2006. During this time, I had no statements, no letters or anything to say what amount was outstanding depsite ringing up and asking. I have no paperwork as the last correspondence I had must have been over 6 years ago.

 

To cut the story short, the debt appears to have been sold onto Lowell and now onto Red (Lowell subsidary?) and they are asking for payment, threats of court action etc.. but I have also found out that they have searched my credit file. I have a paid account with Experian so this is how I found out.

 

I'd really like to know if they can do this? They have searched twice since last November and it does affect my credit score. I am going to write asking for a copy of my oiginal signed credit agreement etc, as per other threads have advised. The letters are getting more frequent and I am starting to worry alittle. It has annoyed me as I thought they could only search with my permission.I have Experian to investigate this for me, but would appreciate some advice. I realise I have acknowledged the debt by paying up til 2006, but by selling my account on again and again seems underhand to me. Many thanks for your time.

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Hi, many thanks for the response....so is my debt with Barclaycard or with Red/Lowell? I am really confused. If they have bought the debt, then isn't my obligation still to Barclaycard or did I sign that right away due to the Consumer Credit Act? (I have done alittle reading up on the threads!)

 

Would I be best to contact them, should I ask for a copy of the original signed credit agrement? Will this help, or have I shot myself in the foot because of the payments I made up til 2006.

 

I do know that Barclaycard registered a default against me on my credit file which has now been removed due to the time, but Lowell/Red have also threatened to default me again and take me to court. I didn't think I could default on the same debt twice?:confused:

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Hi Fletchie, If the debt has been sold to Lowells you should have been sent notification by the seller and the purchaser. Be warned Lowells are a nasty bunch of cowboys who will stoop lower than a dashhound's belly to intimidate and bully you. Send them a CCA request (on templates thread letter N), that should keep them quiet for a while.

 

Also, please ignore Rameses, it likes to pop up now and then on people's threads making innane comments. It obviously has a big problem and should start its own thread and get some help.

 

Someone far more knowlegeable will be along soon and give you more indepth advice.

 

Good luck

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Can anyone search your database for information about me?

 

No, searches can only be made with your permission. When you apply for credit your permission is obtained in various ways, dependant upon which method of application you use. Some lenders obtain permission through the consent clause or declaration on the application form you complete and sign. If you apply for credit over the telephone, you should be informed verbally before you proceed that a credit search will be carried out with one or more of the credit reference agencies. If you apply for credit over the Internet you should be asked to confirm that you consent to the declaration or terms & conditions of the account. This should include permission for a credit search to be carried out with one or more of the credit reference agencies.

 

There is a search/enquiry on my credit file that I have not authorised. How do I get it removed?

 

You should contact the organisation that performed the search/enquiry and ask them why they have done it. It may be that the company name on the record is a subsidiary or parent company and that once you have contacted them you will remember providing them with permission to carry out the search/enquiry. If you do not know the address of the company concerned, contact us and we will be happy to supply you with the relevant details. Alternatively you may write back to us formally disputing the search/enquiry and we will contact the company on your behalf. We cannot remove any search/enquiry unless the company involved agrees that we can do so. Please write to us at Callcredit plc, Consumer Services Team, PO Box 491, LEEDS, LS3 1WZ.

 

What is the difference between a credit search and an enquiry?

 

A credit search is a search carried out for lending purposes. An enquiry is carried out for other non-credit purposes, such as employee vetting, tenant vetting and Electoral Roll checks (not related to credit applications). Credit searches and enquiries remain on our files for two years from the date of the search.

 

They should have made a credit enquiry NOT a credit search.

 

Just another example of how underhand these DCA's are. Report them to Trading Standards, the ICO and the OFT for their deliberate breach of The Data Protection Act 1998.

  • Haha 1

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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What is the difference between a credit search and an enquiry?

 

A credit search is a search carried out for lending purposes. An enquiry is carried out for other non-credit purposes, such as employee vetting, tenant vetting and Electoral Roll checks (not related to credit applications). Credit searches and enquiries remain on our files for two years from the date of the search.

 

Hi Rory, thanks for the reply - however I don't understand why they have searched my records - I obviously haven't applied for any credit with Mercers/Lowell or Red nor have I applied for employment, tenancy etc. Are they allowed to search just to check if I am on the electoral roll?They have searched my record with absolutely no permission whatsoever. The Barclaycard account doesn't event show on my recods now due to the timescale involved, so I really don't understand how they can do this??

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Fletchie

 

In the first instance, allow Experian to explain.

 

I would also start looking to Barclaycard for the original executed agreement under CCA1974, Deeds and Notice of Assignment to see who owns the debt, and possible SARs against Barclays (for charges), Mercers, Lowells and Red for monies paid etc. It must be paid off by now?

 

Take a look in the DCA threads for issues with the threats etc. Not allowed.

 

Take your time, research, post questions, make notes, be patient and persistent.

 

And ignore Rameses.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Hi, many thanks again.

 

I did pay Mercers for some years, from 1998 onwards therefore I was acknowledging the debt. I haven't paid for about 18 months or so. The amount owed I think was less than £1k, but quite afew hundred of that was charges/interest!

 

It was Lowell who searched my credit file, no mention to Barclays whatsoever. I do remember that when I contacted Barclays to advise them I was in financial difficulty, they refused to suspend interest charges and kept applying them until the account defaulted. That was when Mercers got involved and I agreed to pay them £10 per month from my benefits. I paid this religiously for some years and after having no contact or no idea how I much I owed, rightly or wrongly I stopped paying.

 

I think I will contact Barclays to ask them for the CCA? (Sorry, not sure what this entails of, I presume is it the legal documents for them to transfer the debt?)

 

Thanks again for your advise, much appreciated.

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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In that case, if Lowell was acting on behalf of barclays then Rameses is correct.

 

Not necessarily - it depends on the terms and conditions of the account. They would need to show that they had fletchies permission to do more than the original credit search when the account was opened (I think).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi, it wasn't a bank account, it was for a barclaycard.

 

Firstly the debt was passed or sold to Mercers in 1998/99 and then this year Lowell. Mercers have never searched my records and as said previously the debt is over 6 years old so has been removed from my credit record.

 

I had no letter from Mercers to say the debt was being passed to Lowell and no letter from Lowell to say they were passing it to Red.

 

Would I be better to CCA Barclaycard or Lowell or Red for a copy of the original signed credit agreement (which one?:confused: )- I guess this would tell me if I signed to allow the debt to be sold on in the case of non payment, but assuming this is the case, does this mean I have signed to say it can be sold/passed on over and over?

 

But - if Barclaycard/Lowell/Red can't provide me with a true copy of my credit agreement, does this mean debt null and void? I can't imagine that I owe them the £300 odd quid they say I do. I know there was over this amount in charges!

 

Many thanks for the advise and sorry to ask so many questions that must seem repetitive to you.

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