Help with Lowell Financial

[saralp]

Hello, I'm hoping someone can help me?! I've received a few letters from Lowell Portfolio demanding payment for a debt to Barclays of nearly 6k, which is about 9 months away from being statute barred.
I am going to send a letter to them asking them to provide a copy of the original credit agreement, I am assuming they don't have it, because they have got quite a lot of the details wrong, firstly the date of the agreement and the type of account it was. Assuming they don't have the agreement and they cannot enforce it, how do I get the default removed from my credit file?

Another thing is I got a letter in the same envelope from Lowell from Barclays, an assignment letter, but apart from the Barlcays logo, it looks very much like Lowell have done this letter themselves, in which case what can I do about that as presumably that is not allowed?

Any help would be much appreciated.

Thanks, Sara

[maruvian]

Re: Help with Lowell Financial

It would be a good idea to send a CCA request to Lowell and a SAR to Barclays. Chances are if Lowell can't get a copy of the CCA they will re-constitute one and claim this is OK. This is why it is always best to send the SAR as back up as they have to send copies of all the info related to the account, including the agreement.

[saralp]

Re: Help with Lowell Financial

Thanks for that - what is a SAR?

[maruvian]

Re: Help with Lowell Financial

SAR is a Subject Access Request, it is request for information under the Data Protection Act 1998. When the creditor recieves one they are obliged to provide all information related to the account, if they don't then you can report to the Information Commisioner who can compel them to comply, you could even take them to court to force complience. They have 40 calender days in which to comply and it costs £10.00 for the info. The difference between this and a CCA request is a CCA request they can provide a true copy of any credit agreement, a SAR they must provide an actual copy of any agreement.

Hope this answers your question.

[Curlyben]

Re: Help with Lowell Financial

Have a read through this on how to deal with DCA's : ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

[saralp]

Re: Help with Lowell Financial

Thank you very much, that is really helpful. Fingers crossed.
------------------------------- merged -------------------------------
Sorry I have one more question - Lowell have already put a default on my credit file (that's how I first found out about this as all of their previous correspondence would have gone to my old address) I've been reading your posts on the link you gave me above - does this mean they must have a copy of my signed credit agreement in order to enter this judgement?

[Kafka]

Re: Help with Lowell Financial

A default will have been registered by the owner on the date that it says on the credit file. If the account is later sold on, the date remains the same but the name of the account will be changed, because in this case, Lowell became the data Controller for the account at purchase and are then responsible for the credit entries, not the original creditor.

A default is not a court judgment, its the formal termination of the credit agreement by the owner. To default an account they must have sent you a valid Default Notice telling you of the breach of contract and giving you the specified time to correct this (14 days since 2007, 7 before). If the default process was flawed you can challenge the default, though Default Noticesare other documents that DCAs routinely forge to backdate.

[debtisbad]

Re: Help with Lowell Financial

If you are sure the debt is 8 or 9 months from being statute barred, I assume that writing to them could reset the clock. Lowlife specialise in these debts. They buy cheap and collect high.

How about changing addrfess for a few months?

[saralp]

Re: Help with Lowell Financial

There wasn't a default on my credit file from Barclaycard - there was once but it's long since been removed and then a new one has been added by Lowell. I have never received a default notice from Lowell so do I have a leg to stand on with regards to them putting this on my file without giving me any warning?

[Kafka]

Re: Help with Lowell Financial

What was the date that the default was registered?
Is the defaulted amount stated the same as previously?

[debtisbad]

Re: Help with Lowell Financial

There wasn't a default on my credit file from Barclaycard - there was once but it's long since been removed and then a new one has been added by Lowell. I have never received a default notice from Lowell so do I have a leg to stand on with regards to them putting this on my file without giving me any warning?

Firstly, I was not aware that you could default twice on an account? Maybe I am wrong, I'm no lawyer.

Secondly, I always used the understanding that if there was a prior dispute with the original creditor, there was no way that an account could go to a third part e.g. Lowells. I always sent the "prior dispute with an OC" template or "bemused" template with 100% success.

By the way, don't expect the CRA agencies to be on your side on this. They are in the pockets of the banks.

[Curlyben]

Re: Help with Lowell Financial

while Lowell, as the new *Owner* *cough* can update the default, they cannot change anything about it.

As I like to make DCA's work for my money I feel a FULL CCA request would be in order.
available here: ~~~ Consumer Credit Agreements - A Guide ~~~~ inc. Letters - Legal Beagles

If they fail to substantiate this debt then you have good grounds for further action.
After all if they can't prove that they have the required paperwork then they CANNOT update the default.

[saralp]

Re: Help with Lowell Financial

I've looked on old credit files and there was one default registered by Barclays stating the default date is 01/02/2005 so I would have until that date next year for it to be statute barred, but it disappeared and then reappeared under Lowells name with the default date as 08/11/04 which means it would be statute barred this year in November. If they fail to provide a true copy of the CCA, I am confident I can contest the debt, but I am worried I will be stuck with this mark on my credit file. I haven't had any correspondence with Barclays for years, over 4 I would say.

[Kafka]

Re: Help with Lowell Financial

Lowell will have inherited responsibility for registration of the default - as the new Data Controller - but they can't just extend the date. The registered default has to fall of 6 years from the date of entry, whoever owns it.

[saralp]

Re: Help with Lowell Financial

Ok - I sent a CCA request recorded delivery which was signed for by Lowell on 10th Feb then I received another letter today dated 15th Feb demanding money and saying they are going to send it to their legal department blah blah blah. Since this is within the 12 days do I still have to wait for that time before I can send them another letter saying they haven't complied with my request? Secondly, they have back dated letters to December even though I didn't receive them until this month and one that is blatently from them but posing as if it's sent from Barlcays bank - surely I can report them for this behaviour?? I was just thinking that maybe I can just write a letter to the OFT and Watchdog and copy Lowell in so that they know I know what they're up to? Can anyone help me with these questions please? Thanks so much in advance