Lowell Financial - Unauthorised Search?

[traderman]

I have recently been through the whole unpleasant aggressive multiple calls with Lowell and did a recorded delivery CCA request on them in December. The only thing that came back is a 30 year old copy of an application form for a Barclaycard. Now over three months since that request but they are batting on with the Hampton legal letter.

 

No mention of the CCA anywhere on the form and no terms and conditions. I believe the original debt is statute barred but they say that a payment was made in 2002 to resurrect the time limit (which I dispute). They ignored the request for the statement so the agreement is unenforceable I presume without a court order.

 

However, although they have failed to provide evidence of owning the debt, the original agreement or a statement, they did a search on my credit file at the end of January when they had already breached the CCA obligations. How can they do a search on my file when I have not applied for credit? There is no default registered at the moment. They have no rights to do so persuant to any agreement as they havent got one. This could have a prejudicial effect on my creditworthiness as lenders are aware of who Lowell are. What would you do next?

[poochball]

Hi,

 

My understanding is that a search of your credit file should only be undertaken with your permission.

 

It would appear that Lowell has not sought permission to search your credit file and as such, should remove their search immediately.

 

My Advise would be to write to Lowell and advise that they performed a search of your credit file and ask for further information and why this search was performed. I would ask for this search to be removed based on the fact you knew nothing about this search and why it was carried out.

 

It is worth noting that the search is held on your file for 12 months.

 

Thanks

[lookinforinfo]

Traderman, as you obviously have seen your credit file, what mention is there on it about the disputed 2002 payment?

Write back to Hamptons pointing out that as Lowells are in breach of the CCA request, no pursuit of the debt is permitted.

[traderman]

The debt is over 6 years old and any reference to it has fallen off the credit reference agencies lists. I believe the original debt was a disputed one where I enforced my rights against the credit card supplier as the supplier of some defective goods went bust. I argues the case and Barclays gave up on it years ago until Lowell got involved.

 

I have had many credit cards from Barclays including Mastercards and Barclaycards of different types. All of the debts were paid off over 6 years ago so I have no reference to Barclays at all on my report. Supplying only a copy of an application form from 30 years ago shows just how incompetent and unprofessional these people are.

[lookinforinfo]

If you are sure that your credit file is clear [including the transaction mentioned in 2002-or could it have been an acknowledgement by you?], then

you could complain to your local Trading standards office because of the

harassment for a statute barred debt, and their non compliance with your

CCA request.

[john1002]

Hi,

 

It might be worth noting that if the search is shown as unrecorded then they have an agreement with the CRA's in that this unrecorded search only gives them access to public information, ie information in the public domain hence the CRA's will not delete or query it, I found this out from experian over a long discussion over these debt agencies making unjustified in my eyes enquiries on my file, be it now only public record information.

 

There are other posts about people potentially taking the CRA's to task over there use of our data and unwillingness to put things right, hopefully someone will make them sit up and change there ways.

 

Of course if it is a genuine search, ie not unrecorded then query it with the agency and also as suggested direct with lowell.

 

John

[TotallyWithoutPrejudice]

Subscribing - I've got one of these as well!