Thanks. It was worth a try. I would have been happy with a sincere apology from them really but they don't even have the decency to do that. **** that lot of them

that's what I am asking. even though they may pay the £500 in the next few days. The date it should have been paid by was 11/02/16. So I have charged them a late payment fee which they have said in writing they will not pay. So can I take them to the small claims court for the late payment fee? I am not really bothered about the money. I just want them to have a small part of the agro they gave me and if that means them having to attend court to defend it I will be happy with that. Even better if I won would be to send the bailiffs in

I still have not received the £500 payment I sent Lowell an email stating that they are late in paying and that I have added a late payment charge to them of £200 plus interest. They replied by saying the below. In that case can I take them to the small claims court as they have put in writing they will not pay. As previously outlined, you will receive no further monetary value from the Lowell Group of Companies and any further contact in this respect will not receive a response, including any letters we may receive. Any action you may instigate will be defended. This is the last response you will receive. I trust that this clarifies our position.

Would I be able to send a letter to Lowell stating that for everyday after the proposed cut off date by FOS that I will charge them £50 a day. is that enforceable? Thanks

I am starting to regret accepting the FOS decision. I sent the acceptance form back on the 14Jan and I still have not had any contact from Lowell about payment and even worse they are still refusing to let the CRA remove the default that they have already agreed is not mine.

I have accepted the £500 from the FSA/Lowell. I have now opened a new complaint with Co-op seeing as they sold my address to Lowell without carrying out any basic checks to see if I was indeed the original debtor. see where that takes me. I also have to see if I can get the CRA;s to remove any links to my addresses from any other persons of the same name. That is going to be very difficult as I have spent the last 7 years trying to sort it out and I am still getting letters about debts that are not mine but the DCA quote the CRA as the source of their information. Very tired of it all now.

Thanks Scarlet., My SC was granted with a review date as at the time they granted it I was in the process of cleaning up the mess that EGG had created by linking other peoples addresses and accounts to my CRA files. (and presume my genuine addresses to other peoples CRA files). The MOD accepted that the details on my CRA was incorrect so granted me SC with a review date. This is when my SC was suspended as I could not account for the default and could not supply details as it was not mine. Only when Lowell admitted in writing in the Jan 14 was I able to supply this to MOD and they then granted me the SC again. In the time between suspension and it being granted again there were a number of internal roles that I wanted to apply for but they needed VALID SC. With regard to the loan. I did not want to risk lowering my score any further so used websites that stated if you would be accepted without leave markers on your files. The only one I could get was 16%. I agree that the deterrent is just not there. I thought that the authorities would have taken a view that even though Lowell knew the details were incorrect they still refused to grant permission for the CRA to remove it and hence breaching data protection. I know FOS don't really deal with DPA. If I was in US I could have got $83 million dollars instead of an insulting £500. the money is not really the issue. I just wanted Lowell to feel some of the pain I have.

I have just emailed FOS back to ask how they came to the figure of £500. I found the below on their website which is guidance for awarding compensation. http://www.financial-ombudsman.org.uk/publications/technical_notes/distress-and-inconvenience.htm

Thanks. Its a shame I cant just get comp for them being so rubbish at what they do. its the mental impact I cant quantify.

Thanks. there is no deterrent at all for these low lives to stop impacting peoples lives in such a way. They simply do not care what damage they do. The CRAs are just as bad. The issues all started in 2009 when EGG linked my addresses to someone of the same name. since then I have had many letters demanding money for debts that are not mine. Lowell is the only one though that took it to a default and CCJ, The rest just keep sending letters and ringing me. The real problem now is not with my file (apart from the incorrect default) it is with the other person or persons that I was linked to in 2009. I have cleaned my files up but I am betting anything the others have not. My old addresses and possibility my new ones are on THEIR files and so when a DCA does a search they get mine and it all starts all over again. I tried to get the CRA to do something but they just said only the owner of the files can change it. Even though it is my address details they can see and that they know are incorrect. running out of energy for it all now.

I have been in dispute with Lowell for a long time now regarding a default on my CRA files that is not mine and has been proven by the FOS not to be mine I received the final decision (below) from the adjudicator but still feel that it is not enough and really want Lowell to pay for what they have done. £500 seems a small amount. I just wished I was in US as a woman their sued one for $83 million and won for the same thing. Should I accept it? ------------------------------------------------------- final decision complaint by: complaint about: Lowell Financial Ltd complaint reference: date of decision: 15 November 2015 complaint Mr C complains about court action by Lowell Financial Ltd for a debt that isn’t his. background Mr C’s address was first linked to a person of the same name in 2009. This affected his credit file with several credit reference agencies. Mr C believed the issue had been resolved in 2014 after he first complained to Lowell. In April 2015 Mr C received court papers from Lowell relating to a different debt which doesn’t belong to him. Mr C complained again and Lowell investigated. Lowell accepted that a mistake had been made. Lowell explained that it had put procedures in place in 2014 to stop Mr C being connected to their customer of the same name. However, Lowell had passed this debt to one of its sister companies which wasn’t aware of the history. The legal action was later discontinued and Lowell offered Mr C £250 compensation for the distress and inconvenience he’d been caused. But, Lowell said it couldn’t remove the link to its customer on Mr C’s credit file. It said this could only be done by the business which had created the link in the first place. Mr C wasn’t happy with the compensation offered by Lowell. He has also continued to get texts from them. Our adjudicator recommended that the complaint should be upheld. As Lowell accepts Mr C isn’t connected to any of its accounts, she said Lowell should remove the record from Mr C’s credit file. She also recommended £450 compensation for the inconvenience and upset caused to Mr C. Mr C was still unhappy with the compensation recommendation. He says it doesn’t take into account the financial impact this has had on him. Mr C says he has been forced to take a loan at an exaggerated rate and he would like the cost to be taken into account. He also says he hasn’t been able to get a mortgage and has been denied credit. Finally he says he’s been denied the opportunity to earn a higher salary because the default prevented him from getting security clearance. my findings I’ve considered all the available evidence and arguments to decide what’s fair and reasonable in the circumstances of this complaint. I have taken into account the information sent to us by credit reference agencies and by the business which first created the link. The lender which created the link between Mr C and its former customer with the same name has explained that its customer’s account defaulted in March 2010. The lender then passed the debt to an outside debt collection agent. This is when the mistaken link to Mr C’s address seems to have been made. It’s not clear how this happened as the debt collector is no longer trading. The lender thinks there might have been a ‘mis-trace’. The lender says it then updated its records with Mr C’s address before selling the account to Lowell in January 2013. At this point it deleted its entry with credit reference agencies. As Lowell is now the owner of the debt the default is registered by Lowell. The credit reference agencies also say Lowell is the data controller for the account and is responsible for sharing the information with them. As the data belongs to Lowell, the agencies say they can’t independently remove or change the information. One of the agencies has also told us that Mr C made contact in July 2014 to challenge the record. The agency says it contacted Lowell but Lowell wouldn’t agree to delete the link. Lowell said the information was correctly registered because the address details had come from the original lender. The agency says it will remove the link if Lowell confirms the information is wrong. It’s clear that Lowell wasn’t responsible for creating the link. But, I’m satisfied that Lowell is now responsible for maintaining the entry on Mr C’s credit file, which it knows to be wrong. Lowell knew in January 2014 – when it dealt with Mr C’s first complaint - that Mr C wasn’t connected to its customer. Therefore, when the credit reference agency contacted Lowell in July 2014, it should have authorised correction of Mr C’s credit file. Similarly, when it passed the debt to its sister company it should have known that the address was wrong. I don’t agree that it’s Mr C’s responsibility to contact the credit reference agencies. He’s already tried this unsuccessfully. Lowell’s response is surprising and unhelpful, particularly as it’s accepted all along that Mr C and its customer are unconnected. For these reasons, Lowell must now instruct all credit reference agencies to delete its account altogether from Mr C’s credit file. Lowell must also pay Mr C compensation for the upset and inconvenience it’s caused him. I consider an award of £500 to be fair in all the circumstances. Mr C says Lowell’s mistake has caused him financial loss as well so he’s entitled to more compensation. But, having taken everything he’s said and provided into account, I don’t agree. I have noted that Mr C has taken a loan at 16% APR. But he hasn’t shown that a similar type of loan was available at a lower rate from a different provider. If Mr C had been denied cheaper credit I would have expected to see searches on his credit file from those creditors. But there are none In fact, Mr C says his partner took out loans for home improvement and furniture in her name because she had a better credit rating. I accept this might have been inconvenient, but it isn’t evidence of financial loss. Mr C also claims he wasn’t able to apply for a number of jobs because his security clearance was suspended until Lowell removed the default. He says the suspension was lifted when Lowell confirmed there’d been a mistake in February 2014. Mr C has forwarded an email from a colleague threatening suspension of his security clearance. This email was sent in March 2014. Therefore it implies Mr C had security clearance until then. Also, the email is not specific about the information Mr C needed to provide to prevent his security clearance being lapsed or suspended. In any event, I’d also have to consider that Mr C’s job applications might have been unsuccessful for other reasons. Therefore, I can’t award compensation for loss of salary expectation. my final decision For the reasons given, my final decision is that I uphold Mr C’s complaint against Lowell Financial Ltd. I direct Lowell to instruct all credit reference agencies to delete its account from Mr C’s credit file. Lowell must also pay Mr C £500 compensation for distress and inconvenience caused. Under the rules of the Financial Ombudsman Service, I’m required to ask Mr C to accept or reject my decision before 15 January 2016. Athena Pavlou ombudsman

Hi Bazooka Boo did you get chance to read over this and advise what legal action I could take

You do not understand how lucky you are for them to remove the defaults. I have been battling for years to get mine removed and they are not even my debts

Thanks. Sent to watchdog. I really want to hammer Lowlife for this but do not have the finances to back it up. it is also very difficult to prove what losses I have incurred from this happening. it has affected my mental health as the whole thing has really got me down now. My partner has had to bear the credit for both of us and I have felt helpless to get this sorted once and for all. I have even contemplated changing my name I have been that desperate, I also want the CRA done for this as they have been next to useless. The fact that they actually charge you for a service that is not fit for purpose. the fact that any one of these companies can directly go onto your files and create things that have not been checked or validated. what are we paying them for? When you question it they are always on the businesses side I just want them all to pay and for Lowell to lose their licence. I have considered a small claims against them but again proving loss is difficult. If anyone has any suggestions how I can hurt these institutions please let me know

I have just raised a complaint with the ICO now. So that is the FOS, FCA and ICO. is there anyone else? I am thinking of contacting the Media. I was in contact with the Moneybox Radio 4 programme some time ago when I was having difficulty cleaning up my files as the CRA refused to do anything. Maybe I should try them again they did help.

I sent the email below back to Experian, cc'ing in The Financial Ombudsman and the FCA. The FCA have raised a case but I realise now I should have probably sent it to the ICO too. I am going to complete the complaint form for that now and get it over to them Email sent Hi Please see attached email from the Financial Ombudsman quoting that Lowell acknowledge that the debt is not mine and that the details on my credit file are inaccurate. Extracts below. I am now contacting the FCA in regards to taking action against both Lowell and Credit Agencies i.e Experian who know that information is inaccurate and still refuse to do anything about it. Just in case you were not aware of the Data Protection Act I have attached YOUR OWN guide and in particular the Principle 4 and Principle 6 With regard to principle 6 – Rights under the Data Protection Act The Data Protection Act sets out the rights that an individual has in terms of their personal data. Principle 6 of the act states that personal data must be processed in line with these rights. If an individual is not satisfied that you are processing their data within their rights under the act, they can apply to a court to order you to do so. “Lowell has confirmed that they accept that the account that they were contacting you about, is not yours.” “Lowell has also confirmed that they have no debts that they are holding you responsible for. “ “The credit reference agencies will be able to ensure that the information recorded on your credit file is accurate” “Lowell accepts that they may have caused you distress and inconvenience when contacting you.”

I want to take them to the cleaners but don't know how, I have involved the Financial Ombudsmanicon thinking they would do it for m but they have been less than useless and seem to be on there side. to the point where they seem to accept Lowlifes excuse that they had not ordered the CCJ but a company called Fredrisksons which turns out to be part of Lowell. Lowell offered be a measly £250. the FOS said to pay another £200. considering I have had to get a loan at a stupid rate and had my security clearance at my job was suspended because of the default I think £450 is extracting the urine

I have been trying for the last two years to get it removed and to get redress. In Jan 2014 they finally admitted it was not my debt. I expected they would do the decent thing and just remove the default. NOPE in June 2015 I received a CCJ for it from Bryants solicitors acting on behalf of lowlife. My defence was obviously the letter from lowlife stating the debt was not mine. I heard nothing from them even though the case was apparently dropped. I involved the FOS and they have been next to useless. I am still fighting to get the default removed still to this day. I have now advised the ICOicon and they have opened a case. The letters keep coming from other debt collectors still and the nightmare never ends. The FOS stated the following. ---------------------------------------------------------------------------------------------------- my findings Lowell has confirmed that they accept that the account that they were contacting you about, is not yours. As per my email dated 19 August 2015, Lowell has told me that they have taken the necessary actions to prevent further contact being made to you by telephone/ text. Lowell has also confirmed that they have no debts that they are holding you responsible for. After Lowell received a letter from our service dated 23 July 2015, they wrote to your directly – the letter was dated 29 July 2015. Within their letter, they have said that the account that they had been contacting you about had been passed to ‘ Fredrickson International Ltd’ in March 2015. It would appear that it was this company who were pursuing a court claim. Lowell contacted Frederickson International Ltd, who has confirmed that the court claim was discontinued on 17 June 2015. You have told me that you have been in contact with the credit reference agencies for some time, in regards to clearing up your credit file. You have told me that you made the necessary actions to remove the information associated with another xxx xxxx. Unfortunately there is no permanent way to prevent lenders or debt collectionicon agencies tracing your details, in the place of someone with the same name. All you can do is contact any company that you receive letters from to advise them of the situation. The credit reference agencies will be able to ensure that the information recorded on your credit file is accurate and may be able to offer you further advice in regards to what you can do. I appreciate that being linked to someone with the same name and bring contacted about their debt is inconvenient. However, as Lowell has taken the necessary actions to prevent further contact regarding this debt, I do not feel that there is anything further that I can ask Lowell to do. However, if when you check your credit file, there is anything relating to this debt (registered by Lowell) please let me know. Lowell accepts that they may have caused you distress and inconvenience when contacting you. Therefore, in their final responseicon letter dated 29 July 2015 – they have offered you £250 compensation. ---------------------------------------------------------------------------------- SO with this details I tried to get the default of my Credit file. to which the response was ---------------------------------------------------------------------------------- I'm writing in relation to your recent query with: *Lowell Portfolio I Ltd (Account Started 22/09/2008) They have provided following details, "Our Complaints team are investigating this account and are in communication with the Financial Ombudsmanicon. The case summary was forwarded to to the, on the 12/08/15 and we are awaiting their response. Once an outcome is known, if an amendmenticon is needed we will action this in due course." They've confirmed that this information is accurate, so I'm afraid I can't make any changes to it. I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly.

http://www.consumeractiongroup.co.uk/forum/showthread.php?397192-Can-I-take-legal-action-against-DCA&p=4288813#post4288813

Hi Bazook Boo, The CCJ court papers were sent to me (after lowlife had said 18 months earlier that it was not my debt) and after I submitted a defence including the letters they had sent me in Jan 14 they dropped the case. However, the default is still there. I want to take them to the cleaners but don't know how, I have involved the Financial Ombudsman thinking they would do it for m but they have been less than useless and seem to be on there side. to the point where they seem to accept Lowlifes excuse that they had not ordered the CCJ but a company called Fredrisksons which turns out to be part of Lowell. Lowell offered be a measly £250. the FOS said to pay another £200. considering I have had to get a loan at a stupid rate and had my security clearance at my job was suspended because of the default I think £450 is extracting the urine

Hi All Sorry to worry you but ignoring it may not be enough with this ****. I had the same issues with Lowlife and decided to ignore it until they stuck a default on my credit file. I have been trying for the last two years to get it removed and to get redress. In Jan 2014 they finally admitted it was not my debt. I expected they would do the decent thing and just remove the default. NOPE in June 2015 I received a CCJ for it from Bryants solicitors acting on behalf of lowlife. My defence was obviously the letter from lowlife stating the debt was not mine. I heard nothing from them even though the case was apparently dropped. I involved the FOS and they have been next to useless. I am still fighting to get the default removed still to this day. I have now advised the ICO and they have opened a case. The letters keep coming from other debt collectors still and the nightmare never ends. The FOS stated the following. ---------------------------------------------------------------------------------------------------- my findings Lowell has confirmed that they accept that the account that they were contacting you about, is not yours. As per my email dated 19 August 2015, Lowell has told me that they have taken the necessary actions to prevent further contact being made to you by telephone/ text. Lowell has also confirmed that they have no debts that they are holding you responsible for. After Lowell received a letter from our service dated 23 July 2015, they wrote to your directly – the letter was dated 29 July 2015. Within their letter, they have said that the account that they had been contacting you about had been passed to ‘ Fredrickson International Ltd’ in March 2015. It would appear that it was this company who were pursuing a court claim. Lowell contacted Frederickson International Ltd, who has confirmed that the court claim was discontinued on 17 June 2015. You have told me that you have been in contact with the credit reference agencies for some time, in regards to clearing up your credit file. You have told me that you made the necessary actions to remove the information associated with another xxx xxxx. Unfortunately there is no permanent way to prevent lenders or debt collection agencies tracing your details, in the place of someone with the same name. All you can do is contact any company that you receive letters from to advise them of the situation. The credit reference agencies will be able to ensure that the information recorded on your credit file is accurate and may be able to offer you further advice in regards to what you can do. I appreciate that being linked to someone with the same name and bring contacted about their debt is inconvenient. However, as Lowell has taken the necessary actions to prevent further contact regarding this debt, I do not feel that there is anything further that I can ask Lowell to do. However, if when you check your credit file, there is anything relating to this debt (registered by Lowell) please let me know. Lowell accepts that they may have caused you distress and inconvenience when contacting you. Therefore, in their final response letter dated 29 July 2015 – they have offered you £250 compensation. ---------------------------------------------------------------------------------- SO with this details I tried to get the default of my Credit file. to which the response was ---------------------------------------------------------------------------------- I'm writing in relation to your recent query with: *Lowell Portfolio I Ltd (Account Started 22/09/2008) They have provided following details, "Our Complaints team are investigating this account and are in communication with the Financial Ombudsman. The case summary was forwarded to to the, on the 12/08/15 and we are awaiting their response. Once an outcome is known, if an amendment is needed we will action this in due course." They've confirmed that this information is accurate, so I'm afraid I can't make any changes to it. I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly.

So i have letters back from 1st credit and Robinson Way stating they will not be taking it any further. I know for a fact though that they will sell them on to another DCA and the letters will start again. As for Lowell. they have responded to the FO with the comment "this was passed to a company called fredricksons and so the CCJ application is nothing to so with them. Even the claimants name on the CCJ is Lowell. The FO advised me that Fredricksons is actually part of Lowell. The FO said that even though Lowell had damaged and still continue to damage my credit score, even though I have had to take a loan at 16.9% rather than a more competitive rate, even though my partner has had to get all the credit we wanted in her name only and also the fact that I need to have MOD security clearance for my Job and this was revoked as I could not explain what the debts were on my file until I had the letter from Lowell saying it was a mistake and had to pass up promotions as I needed the security clearance. After all that the FO said the £250 offered by Lowell was fair. I also advised them that the default is still on my credit files. the \FO went back to Lowell and again they said only the original creditor can remove it even though the account on my files shows as Lowell being the owner. (not co-op) As you can imagine the stress of this has taken its toll and I have been off work for the last 4 weeks. I am now waiting for another response from FO but while I wait for that the default is STILL on my files and affecting everything I want to do. The

This is the response from FO when asked has the complaint been started again "Not at all. We just ask the firm to send us their whole file regarding the complaint not just the final response that they have sent to yourself."

For 1st credit and Robinson way I have sent the letter below. is this correct? once I get a reply and if I am not satisfied with it I will open another case for each with FO Dear Sir/Madam Account No: xxxx Your Ref xxxxxxxxx You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to HPH LTD (ex shopacheck). I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules. "A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3 "A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1 "Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3 In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA and Financial Ombudsman of your actions. I look forward to hearing from you. Yours faithfully