Hi i had a credit card with monument which was then passed onto lowell and it was lowell who defaulted me although the lady said they wouldn't, i have been in touch with lowell and they said they cant do anything else unless something else comes to light. The debt was paid off straight away when they received it. My concern is to get the default removed but they wont budge, but since i received my copy credit agreement off Monument I do believe this is not enforceable missing information that should be on, so there for how can a default go on to something that is not enforceable. Please can anyone advise me as where i should now go to get the legal side checked out of my credit agreeement. Hope someone can help. Thanx:beagle:
monument and lowell
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Tags: agreement, application, argument, barclaycard, beagle, cabot, compensation, complaint, contract, credit, customer, customer services, damages, debt, default, distress, documents, download, enforceable, failure, father, financial, finding, happened, help, law, legal, lowell, mis, money, monument, mortgage, reporting, s10, section 10, unenforcable
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Re: monument and lowell
Hello heartache,
Welcome to beagles.
I am going to move your post to the appropriate forum, where hopefully you will get the help you need. When I have moved it I will PM you alink to where it is case you have trouble finding it.
Enaid x
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Re: monument and lowell
Originally posted by heartache View PostHi Thanks for that sorry i put it in wrong place.
Once again welcome and I hope you will soon be helped with your problem.
Enaid x
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Re: monument and lowell
Originally posted by heartache View PostHi i had a credit card with monument which was then passed onto lowell and it was lowell who defaulted me although the lady said they wouldn't, i have been in touch with lowell and they said they cant do anything else unless something else comes to light. The debt was paid off straight away when they received it. My concern is to get the default removed but they wont budge, but since i received my copy credit agreement off Monument I do believe this is not enforceable missing information that should be on, so there for how can a default go on to something that is not enforceable. Please can anyone advise me as where i should now go to get the legal side checked out of my credit agreeement. Hope someone can help. Thanx:beagle:
Could you post it up minus personal details.
Can you post up a bit more detail on what happened prior to the default being added.
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Re: monument and lowell
Hi i got behind with payments then sorted it out with monument, but then they passed it to lowell, i then sent a letter of complaint to monument saying it was supposed to be sorted, they then replied saying they would get the debt back off lowell as i was mis informed by their :beagle:customer services (who were harrassing me all the time) i told lowell of course they did not believe me and proof was sent, they did not get it. At this time my father in law was dying and so rather than have the added pressure of this i borrowed the money off a relative and paid them off (2007). I even sent proof again when i did a sars on them but they still said they didnt have it, but they got the sars.
Thanks much appreciated.
I will have a go but please let me know if the information is too small.
------------------------------- merged -------------------------------
Hi not sure how to upload from computer on to this site, please can someone help me. thanks
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Re: monument and lowell
Where's the rest of it????
Oh, that's right. These application mailers don't have a "rest of it".
So let me see if I have this right. You "defaulted" on an account (which it now transpires would have been unenforcable in any case), but you did pay this off. Is that right so far?
But despite this, you still have a default recorded on your credit file. Is it marked as satisfied, or is it still just a default?
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Re: monument and lowell
Hi it is marked as satisfied but really i feel that it should not be on there, monument took theirs off and lowell put one on, i have been speaking to the complaints man about this default but not mentioned that the agreement may not be enforceable as i was not sure. What do you think i should do now. I also had to take a subprime mortgage out which cost me more. do you think there is anything i can do about this or should i get legal advice. Thanks for your help.Last edited by heartache; 8th February 2009, 13:39:PM.
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Re: monument and lowell
The only real way of dealing with this is to send them a Section 10 notice to tell them that you require them to stop processing your data, which includes their reporting of the default to the Credit Reference Agencies.
Most likely that will fail. But once you have exhausted that complaint, you will then be able to raise a complaint with the Information Commisioner's Office. Your argument is diluted somewhat by the fact that you have paid off the account. But as you were under stress at the time, that might be a mitigating argument to use.
What you need to do is have a look at the Data Protection Act 1998, and get things firm in your mind as to why they should not be processing your data. In particular, why they are doing so, despite there being no contract, and no agreement from you that allowed the OC to pass your data on in the first place. Have a look at my s10 notice to Cabot for some ideas...
Having been in communication with your company since December 2006, I am formally demanding that Cabot Financial (Europe) Limited stops processing and sharing my personal information.
Cabot Financial Europe has no right whatsoever to be processing my data by virtue of the fact that:
- said data was obtained unlawfully as Barclaycard had no right to sell that data
- any processing of said data is contrary to section 10 of the Act which specifies that you must not process data which is unwarranted and is causing unwarranted damage and distress:
individual is entitled at any time by notice in
writing to a data controller to require the data
controller at the end of such period as is
reasonable in the circumstances to cease, or
not to begin, processing, or processing for a
specified purpose or in a specified manner,
any personal data in respect of which he is the
data subject, on the ground that, for specified
reasons-
(a) the processing of those data or their
processing for that purpose or in that
manner is causing or is likely to cause
substantial damage or substantial
distress to him or to another, and
(b) that damage or distress is or would
be unwarranted.
I am aware that you consider that paragraphs 1 to 4 of Schedule 2 of the Act permits you to process my data. However, that assumption is patently erroneous for the following reasons:
- I have never consented to the sharing of my data, as is evidenced by the fact that your sole documentation to date, i.e. an application form signed by me, clearly indicates by the omission of an entry in a check box that I refused to allow the sharing of any data. Hence the reason why Barclaycard has unlawfully passed to you any such information.
- There IS no contract to which I am party, that requires you to process my information.
- You have no legal obligation to process my data.
- There is no reason to process my data in order to protect my vital interests.
As you are no doubt aware, you have 21 days to respond to this communication in which you must either agree to stop processing my data, which will include destroying all information held, as well as removal of all information shared with any third party, including any or all credit reference agencies, or write to tell me the reasons why you consider that you should not do so.
You will also be aware of the penalties for the unlawful sharing of data, as well as my right to compensation for damages caused by any erroneous or unlawful processing of my personal data.
Failure to respond to this communication within the stipulated timescale, or if any response is by way of refusing to stop processing and sharing my data, I shall have no option than to escalate this matter to the Information Commissioners Office. If, after taking this measure, you still refuse to comply with my demand, I shall take the appropriate action through the legal system.
- 1 thank
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Re: monument and lowell
Originally posted by heartache View PostHi i sent them a letter over four weeks ago to ask them to stop processing my data but have not heard a thing from them, is there anything i can do now please i need help.
Failure to respond to this communication within the stipulated timescale, or if any response is by way of refusing to stop processing and sharing my data, I shall have no option than to escalate this matter to the Information Commissioners Office. If, after taking this measure, you still refuse to comply with my demand, I shall take the appropriate action through the legal system.
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Re: monument and lowell
i am having problems with monument and have been for a while now. lowells are the people in charge at the moment and they are being a royal pain...
my understanding( and it could be wrong) but with no CCA there is no permission to transmit data, and with the account in dispute it shouldnt be passed to a third party anyway?
i would also sign up for a free trial on the credit references agency if you havent got an account and see what exactly they have put, then put a query on the account about it being paid then being passed on to lowells when satisfied. cos then the reference agencies look into it... just a thought ..
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