Lowell Portfolio 1

[SteveMcvixon]

Hi,On checking my experian credit report,I saw that I had a default from Lowell Portfolio 1 ltd, after advice from this site,I wrote to them in early may asking for a copy of the original CCA and proof that I owe the debt.

They wrote back to me 10 days later saying that they are requesting a copy from the original lender and will do their best to provide it in the prescibed time!. A month and a half later,well outside the prescibed time,I received a letter saying that following your recent request to be provided with a copy of the original credit agreement in respect of the consumer credit act. After liaising with our client in an effort to obtain this document we have been advised that it is no longer available. Under the circumstances we have closed our files in relation to this account which has now been returned to our client. we can confirm that no further contact will be made by us regarding this account. we trust this clarifies matters for you.

I then called experian to ask them to remove the entry on my credit report,who then contacted lowell and they were told that they have no intention of removing the entry and they would only remove it if the debt was paid,they say that although they have no cca they believe the debt is valid,they also told experian that I admitted the debt, which I never have.Experian have told me to contact the information commissioner,which i am now doing.

 

Does anyone else have any ideas where I should go to now.

[caro]

Seems to me that if they can't enforce the debt because they can't prove it, they can't have info like that on your credit record. I'll move your thread to the debt forum where you'll get better advice.

[rory32]

The copy of the agreement not only enforces the debt but also gives your consent to process your data. Without this document they can not prove your consent and are thus in breach of The Data Protection Act 1998. You could serve Lowells with a section 10 notice under this Act if you so wish. If they don't comply within 21 days you could then seek a court order to force them to remove all info that they have placed on your credit file.

[diskmandave]

Hi Steve, I would do as Experian advised and contact the ICO. At the same time a word to Trading Standards is always useful;

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Lowell Portfolio are known for buying nearly Statute Barred debts, so if they've only updated the default it will probably drop off within the next year anyway, although I know that's not the point!

 

Good luck & keep us posted!

 

Regards, Dave.