Lowells Not Provided Original Documents, but placed Default on Credit File

[CHADVALLI]

Hi,

 

Lowells have been pursuing a debt they have bought.

 

I sent a 'prove it' letter with my pound postal order.

 

After waiting the 12 working days,

i had received nothing other than ' We're still looking, Bear with us' letter.

 

I then sent the failure to respond to my legal request letter and account has entered default.

 

Both templates i copied from here.

 

Since then i have had two 'Still looking' letters, and this week they sent one saying that it has been 8 weeks since they received my 'complaint' ??

but they are still gathering the necessary information.

 

They also include a little booklet from The Financial Ombudsman Service, should i desire to escalate my complaint.

 

My first request was dated 18/2/14 and the default letter dated 6/3/14.

 

Now, on checking my credit file on Noddle, i can see a default from Lowells dated 22/4/14 , some time after my second letter.

 

Can this be correct?.

 

I have also been searching for a template letter to request the removal of the default from my credit file.

 

Incidentally they haven't returned my postal order yet.

 

Many Thanks

[theoldrouge]

failure to respond to a cca request does not prevent them from marking your file as default, if that is a true reflection of the account. The only sanction for failing to reply is that they cannot obtain a ccj

[2Grumpy]

The default should be dated the same as the original default, so 22/4/14 isn't right.

 

What is the date of the original default? who was the original creditor, the approx amount & the date of last payment. Also what type of account was this for?

[CHADVALLI]

Hi, Looking at the file now it says,

 

Account type... Credit Card ( it doesnt say who with and i only have a bank card for accessing my money)

 

Account number....*************0260 0 (it has that zero spaced from the other numbers)

 

Account Start Date....15/8/2001

 

Opening Balance £2,557

 

Payment Frequency....Monthly ????

 

Date of Default ......2/12/2010

 

Default Balance....£2,557 ( its the same figure as the opening balance)

 

I bank with HSBC and i have for many years,but i dont have credit cards with them or anyone else

 

Many Thanks

[dx100uk]

so you don't know this debt or the card

 

so you've never paid it?

 

so its statute barred

 

that was the letter you should have sent.

 

dx

[CHADVALLI]

Hi,

would it be now too late to send the Statute Barred letter?

 

Am i right in thinking they waited to see the outcome before placing the item on my credit file?

 

which is now showing the dates and amounts?.

 

like my first letter said, i didn't recognize any debt with them.

 

If i had a credit card,

surely the amounts would be different if i had gone into arrears?

 

It looks like a card that hasnt been used since 2001 ???.

 

Where would i go from here?

 

Many Thanks

[dx100uk]

prob the old LLoyds/tsb one or the Cap1 card you have threads about here.

 

scan up the letter please

 

dx

[BRIGADIER2JCS]

Where has this card from 2001 suddenly come from?

The entry by Lowell is Not a new default or default date just an update from Lowell this was according to you CRA statement defaulted in 2010.

Who was this unused card with please?

 

 

If no payment or unequivocal written acknowledgment has been mad on this account in 6 clear years (5 in Scotland) it is Stat Barred.

 

 

I suggest a letter along the lines of:

 

 

Ms Sara de Tute

Director of Legal & Compliance

The Lowell Group.

 

 

Ref: Use theirs>

 

 

Dear ms. de Tute,

 

 

I refer t recent correspondence from Lowell in regard to an alleged debt arising from a " credit card" please take note I have no knowledge of any such debt and all liability is denied.

 

 

Having reviewed my credit history I have concluded that if any such alleged debit did exist it is now statute barred therefore I will not make any payment now or in the future.

 

 

Lowell will confirm that it has closed the file on this alleged debt within 7 working days.

 

 

( Lowell may claim that the Limitation period starts from the default date but they are wrong the date a payment was due and not made, after which no further payment or written acknowledgment was made.)