paid Lowell over the phone for a co-op debt - now got a default!!

[jjandbump]

I'm livid with Lowell!

 

I had a letter from them re an old account I had with cooperative!

 

I called they said it was a promised transaction for £113 and I paid it off!

 

There was No entry on my credit file from cooperative

( I have been monitoring the files since last December and can prove there was no entry!

 

Now yesterday just as my mortgage went through Lowell have registered a default on my file!

 

They said the money became due in 2010 ! And I paid it in April tho year on receipt of letter! !

 

I called got a rude man that said they haven't added a default they have updated information

 

I tried to explain but he kept saying "let me talk now" and I don't know what I am on about!

Grrr

 

Can anyone tell me what to do!

 

There was never any nutty from coop

and also they have added this entry with no jotive or anything.

[jjandbump]

I've written that in anger ! To clarify

1) I had an account with coop bank which closed in 2010

2) I got a letter from Lowell this year in April which said I owed £113! Asked them to clarify they came back and said it was a pre authorised/ promised payment and they had had to pay it! I even said to the girl at the time they wouldn't put anything on my file and she said if coop hang they wouldn't be allowed

3) I paid it straight away

4) I have been watching my credit futile for over a year as am getting my 1st mortgage ! There has never even an entry on there from coop or Lowell! I can provide report running back to sept last year via credit expert!

5) mortgage is about to go through sent a file on wedensday that was perfect

6) checked yesterday an Lowell have entered a default

7) called up as was told that I didn't know what I was on about and they have only updated the file! Asks for a manager he seemed more helpful but dunno where I go now! He said I need to wait for a call Monday! This could ruin my mortgage!

 

Can you tell me anyone the rules with dca and defaults

[The Mould]

I've written that in anger ! To clarify

1) I had an account with coop bank which closed in 2010

2) I got a letter from Lowell this year in April which said I owed £113! Asked them to clarify they came back and said it was a pre authorised/ promised payment and they had had to pay it! I even said to the girl at the time they wouldn't put anything on my file and she said if coop hang they wouldn't be allowed

3) I paid it straight away

4) I have been watching my credit futile for over a year as am getting my 1st mortgage ! There has never even an entry on there from coop or Lowell! I can provide report running back to sept last year via credit expert!

5) mortgage is about to go through sent a file on wedensday that was perfect

6) checked yesterday an Lowell have entered a default

7) called up as was told that I didn't know what I was on about and they have only updated the file! Asks for a manager he seemed more helpful but dunno where I go now! He said I need to wait for a call Monday! This could ruin my mortgage!

 

Can you tell me anyone the rules with dca and defaults

 

The £113payment, was this paid to your co-opaccount as a full and final settlement agreement, a partial payment to settle the account; or as the final amount that was due and owingas the balance outstanding on the co-op account?

Do youhave any correspondence in writing from co-op which would confirm that said£113 payment was final payment and that no further amounts were required?

Donot speak to DCA or the co-op over the telephone regarding this or indeed anymatter – EVER! – This is a golden rule and oughtto be adhered to at all times.

Whatdoes the entry in your credit files state, that were made by the co-op after you paid the £113 to them, does it state account closed, settled and balance£0?

Pleaseconfirm the matters set out above, thenwe can establish if Lowell’s hold any lawful right pursuant to the Principlesand Conditions of the Data Protection Act under any contractual relations withyou to process/disclose your personal information to any third party. (Lowell’s may have purchased the account/debtfrom co-op, depends on the terms that you paid the said £113 – co-op may have stitchedyou up)

Kindregards

TheMould

[jjandbump]

There was no corospomdence from cooperative! And there was no more on my credit file at all in reference to the account! Nothing from coop at all!

 

I had a letter from Lowell and questioned it they have the explaination so I paid it! The lady said that that was it matter was closed! I questioned what would happen at the time and was told they wouldn't add anything to my files !

 

Lowell have entered a single entry yesterday with a number 8 no history default date 2010 and it was entered yesterday! Experian have confirmed Lowell have made the entry not coop

[Ford]

...

 

Can you tell me anyone the rules with dca and defaults

 

 

from the ico site currently, their 'guidance note'

http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

[jjandbump]

Wow not read it in detail but looks like I should be able up get it removed shoud I write to Lowell or the ICO ? X much love

[The Mould]

Then you need to sendLowell’s a section 77/78 request under the CCA 1974 (as amended) for a copy ofthe credit agreement that they rely upon in relation to sum amount claimed asdue and owing thereunder, which, for the avoidance of doubt is denied and whichwould, if any such contract was extant, also contain your express writtenconsent for them to process/disclose your personal data. Fee is £1 for this and they have 12 days tocomply.

You need to state that you neither acknowledge any debt tothem nor any express consent being given by you for them to process/discloseyour personal information and that no contractual relations are extant betweenyou and them, in this regard, you consider their recent entry on your creditfiles as regards the default entered thereon by them to be both unlawfulprocessing of your personal data and severely defamatory and malicious on your character and creditworthiness and unless they provide unequivocal evidenceto the contrary, you shall take legalaction to remove said unlawful and defamatory default and seek compensation andyour costs for having to take such action. Allow them 14 days to substantiate the foregoing adverse material. Nofurther notice will be served.

Write also to co-op and request a Subject Access Request (“SAR”) under s.7 of Data Protection Act 1998 for acopy of all personal information held by them in relation to your account(state account details). Fee is £10 forthis and they have 40 days to comply. Addressyour SAR to Compliance Manager of Data Subject Access Department (full details can be obtained from ICO forthis).

Send all lettersby Special Delivery.

Kind regards

The Mould

[jjandbump]

Thank you I'm off this week so shall be on it first thing ! Thank you

[dx100uk]

oh god

 

got fleeced by lowells on a phantom debt.

 

never ever pay a DCA over the phone

 

they are not bailiffs & have NO SUCH LEGAL POWERS.

[jjandbump]

Oh no don't say that! To be honest it's not the money it's the mystery default

[dx100uk]

well was the account even showing on your file before you paid them?

 

sri but you've been here almost as long as I have

 

whats the ONE golden rule ...NEVER EVER TALK TO A DCA ON THE PHONE!!

 

dx

[jjandbump]

I rang out of anger they said a manager would call me tommrrow. No the account was never on file it was a savings account! They have put the default on months after payment and years after it supposedly went overdrawn

[dx100uk]

god this sound dodgy

 

they said on the phone

they had to pay it now you owe them...

 

what utter utter garbage.

 

the oft need to hear about this blatant fleecing of people.

 

you didn't par chance record the call did you?

 

i'd phone the co-op now on their 24/7 banking phoneline

 

08448 44 88 44

or

08457 212 212

 

tell them what has gone on and that you want to make an official complaint.

 

dx

[dx100uk]

how did you pay lowells?

 

and what date?

[jjandbump]

I paid by bank transfer on 20th June I refused to give my card details

 

I didn't but they assured me yesterday all calls are recorded so I will request copies

[dx100uk]

yea and they say they only keep the recording for 3mts you watch.

 

get onto theco-op

 

this stinks you need to get an official complaint going

 

see what they can tell you on the phone

when they sold the debt etc etc

 

do it now..

 

dx

[jjandbump]

I tried yesterday as I couldn't verify security I have to write in!

 

Trust me if I loose mortgage I will have them in court for a lot of money!

 

I'm fuming with them

 

not good seeing I only came out of hospital after heart surgery Friday!

 

Grrr

[jjandbump]

Was it right to pay by direct transfer

[dx100uk]

no

 

never ever pay a dca over the phone.

 

sadly you got had, hook line and sinker I think here.

 

this is why we always recommend never to speak on the phone with a dca.

 

bet you paid for that nights round of drinkies in the pub

 

where they all sit around laughing at how they fleece x 1000's of people that day.

[jjandbump]

just was so worried it would effect mortgage now they look like they have anyway !

[jjandbump]

They have agreed they are wrong and removed it! Yeyyyyy only one more horrid creditor to deal with now

[Ford]

They have agreed they are wrong and removed it! ...

 

 

have you suffered any loss as a result of their 'mistake'? if so, could try for compensation?

Edited November 22, 2013 by Ford