Removing Default notice placed by Lowell Portfolio

[PutThingsRight]

Hi,

 

new to this and what a surprise:)!

 

I would like to start by outlining my problem and as I progress sorting it out I'll post the outcome on the forum.

 

From what I've read so far I'm not on my own with this one!

 

I had a 3G Mobile phone contract which I took out in 2001 I had it for a year. It never work so I through it in the draw. I tried to cancle my contract. No chance. So, I just paid the £12 a month until the contract end. I then canceled my direct debit and wrote to 3 Mobile cancling my contract. ~6month later I received a letter requesting I pay £22. I replied desputing that I owed them anything. That was the last I heard about this until a week ago when I noticed that some company called Lowell had registerd a default notice on my credit reference file.

 

Before this default I enjoyed an A* rating. I am about to remortgage and I'm sure this will have a negative effect on me and will cost me ££ in higher interest rate being applied.

 

May be I could register a default against Lowell for say erm £1

 

The story so far....

 

1. I search my credit ref file (CRF) and find a default by Lowell Portfolio I Ltd. This is the first time I've heard of them.

 

2. Get their address from companies house and write to them. I tell them I have never heard of them that I dispute the alleged debt and ask them to prove the debt is mine. I cite the consumer credit act 1974 sec 77 & 78 at them.

 

3. I send a copy of this letter to the CRA (Experian et al). They have now place a note of correction against this default. This will only last for 28 days - I will need to inform them again if the default is still disputed.

 

4. Lowell wrote back to me saying the debt was with 3GUK mobile and that the contract with them and the aledged debt owed to Lowel is not coverd by the CCA 1974. They also tell me they will contact 3G Mobile to get the proof I have requested. I am now waiting.

a. How long do I wait?

b. What is their obligation in law to provide proof. which act

if any?

c. What proof are they obliged to provide?

d. What action do I take when they fail to do what I ask?

 

5. Obviouosly they have no proof since they have told me in writing that they will have to contact 3G Moble to get it.

a. Have they acted illegaly in registering a default with

CRA's ?

b. Do they have to remove it and how do I force them to do

that?

 

6. Neither 3G or Lowell have ever sent me a default default notice.

a. Are they legal alowed to do this without such a notice?

b. What rules must they obide by regarding this?

c. If they have broken the rules who do I get to make them

sort thing out?

 

Can anybody help with this. I need answers to the above or pointing to where to get them. Just need the legistlation that these guys are suposed to follow and how to make them play by the rules.

 

Thanks in advance.

[postggj]

ive looked at quite a few threads recently on this matter.

dca contacting former account holders of three for very small debts.

very strange.

 

first thing, mobile contracts are not covered by the cca. you would not have received a default notice but a termination notice.

 

the norm to wait for a reply from a dca is 28 days, but they will drag it out if they can.

 

getting a dca to play by the rules , thats a laugh.

 

what you have to remember is dca will register defaults for spite, they just have an account, no paper work to proove the debt, and they get away with it.

 

a dca can remove a default with in 48 hours

to give you an insight, have a look at my thread, if you need it, ill lend you my poc against lowells and arrow for an illegal default. never needed it as i had them by the short and curlys

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/145056-fredrickson-international-statute-barred.html?highlight=postggj

[postggj]

it might be an idea to send 3 an sar

you will fin your answers then if the dca dont play ball

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

print but don't sign your name

 

 

 

send it direct to 3 not the dca and use a postel order and recorded delievery

[rory32]

Also have a look at the case of Durkin v DSG, a 2008 Scottish case in which damages for wrongful impugnment of a man's credit reputation was awarded without proof of actual financial loss. The English law case of Kpohraror was mentioned in Durkin.

 

Clearly before an award will be made, it will be necessary for you to show that the Defendant's activity complained of was in breach of contract or duty and consequently wrongful.