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  • FIRST POST
    MoneyMagic01273
    Lowell Portfolio 1 Ltd - CRA searches
    • #1
    • 15th Jan 12, 10:35 AM
    Lowell Portfolio 1 Ltd - CRA searches 15th Jan 12 at 10:35 AM
    Hi All, looking for some advice and/or thoughts on this scenario.

    Checking credit expert recently I noticed that a company called Lowell Portfolio 1 Ltd have performed a total of 8 credit enquiries in the last 12 months. Now, I realise the nature of these specific types of searches are not actually shared with any prospective creditors - however the fact that they are accessing my personal data with this level of frequency is something I am not happy with.

    I have a hunch that this company were passed a debt (originally of roughly 50) approx 10 or so years ago related to a mobile phone with Singlepoint4U. Over the years I recall recieving an occasional letter from debt collection companies (probably Lowell and possibly a couple of others that Lowell have passed it around to) but have always completely ignored these - never spoken to them, made a payment or acknowledged them in any way. They have never chased that hard, presumably because the amount is so small (although I think they were asking for 200 or so with their charges etc added).

    Now however, in light of these searches (which I take exception to whether they effect my credit score or not) I have decided that enough is enough and I want this company to go away and cease these searches against my name.

    Using this excellent site and all you knowledgable so-and-so's I have drafted the following letter - being careful not to acknowledge any alleged debt but requesting that they close any file they may hold on me and stop carrying out these searches or accessing my personal data. I'm trying not to give any indication to them that I know what this is about, I'm not even bothering to ask them to prove there is a debt - I'm just just generally saying to them that all my credit files are clear and so I am concluding that any alleged debt must be statute barred by now (which I do in fact know to be the case).

    What I want to know is if there is anything else I should say/include on the letter or general thoughts as to whether this will work or is likely to stop them...

    -------------------------------------------------------

    Dear Lowell Portfolio 1 Ltd

    During a recent review of my Experian credit file, I was extremely concerned to note a total of 8 unauthorised credit searches by your organisation in the last 12 months at my current address and at my previous address (address deleted). As a company I have no known or acknowledged financial relationship with, I must advise you that I find it completely unacceptable that you would access my personal data with a Credit Agency with this kind of regularity, without my consent.

    Research on the Internet would suggest that you are a Debt Collection company.

    Please note that I do not acknowledge any outstanding debts to either your organisation, or any organisation you claim to be acting on behalf of.

    Given the fact that my credit files with both Experian and Equifax show no outstanding, defaulted debts to any creditors within the last 6 years (the time period for which defaults display, I believe) it must also be concluded that any alleged debt related to these unauthorised credit searches would in any case, have to be more than 6 years old. I would point out that under the Limitation Act 1980 any alleged debt would be statue barred at this point, given I have neither acknowledged any alleged debt, nor have I made any payments in respect of any alleged debt in the last 6 years.

    As I intend to make no payments in respect of any alleged debt and furthermore that any alleged debt would be statute barred all actions by your company, affiliates and/or other 3rd parties acting on your behalf should immediately cease - including any further unauthorised access of my personal information. Furthermore, as no payment in respect of any alleged debt will be made I must ask that neither your company, affiliates or any other 3rd parties acting on your behalf should be passed any of my personal data, nor should they contact me by any means for the purpose of requesting any payment.

    Please be advised, this letter constitutes a formal request that you immediately cease and desist from:
    1. Any further unauthorised attempts to share or access my personal information through any licensed Credit Reference agencies
    2. Any further actions or contact in pursuit of payment of any alleged statute barred debts

    In the case of statute barred debts the OFT Debt Collection Guidance states that:
    “Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

    Any further unauthorised access or sharing of my personal information – or requests for payment of any alleged statute barred debt will be treated as harassment and a breach of the Data Protection Act and I will seek the strongest legal and regulatory redress.

    I trust my position is clear and I await your written confirmation that no further action (including access or sharing of my personal information) will be taken concerning any alleged debt and confirmation that this matter is now closed.
    I look forward to your reply.

    Yours faithfully
    Last edited by MoneyMagic01273; 16-01-2012 at 7:01 AM. Reason: .
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