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Lowell Portfolio 1 Ltd - CRA searches
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# 1
MoneyMagic01273
Old 15-01-2012, 10:35 AM
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Default Lowell Portfolio 1 Ltd - CRA searches

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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# 2
MoneyMagic01273
Old 15-01-2012, 10:36 AM
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please excuse the formatting of the letter draft, doesn't copy/paste from word very well...

PS. the end of the letter includes CC's to the OFT, ICO and Experian.
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# 3
MoneyMagic01273
Old 16-01-2012, 7:01 AM
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anyone have any thoughts on this?
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# 4
StrangelyBrown
Old 01-02-2012, 4:50 PM
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I've noticed similar searches on my file too, so have posted my concerns here:
http://forums.moneysavingexpert.com/...=#post50698355
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# 5
Mrs Mac 2011
Old 02-02-2012, 11:56 PM
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Hiya I'm new to all this and have no idea what to do but.. had a note on credit file about these people doing same to us! Can you let me know what happens?
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# 6
MoneyMagic01273
Old 06-02-2012, 10:27 PM
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Just to update - I got a letter quite quickly back from Lowell Portfolio saying they "have discovered my account is subject to the Limitations Act 1980. No further letters or requests for payment will be sent and they have now closed the account".

So my letter appears to have worked. They have also deleted the searches from Experian.
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# 7
southantrim3
Old 07-02-2012, 1:13 PM
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bump thanks
Everybody's Normal Till You Get to Know Them.
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# 8
winkingkitten
Old 07-02-2012, 1:22 PM
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How odd. I just got a text from Lowells saying that they need to speak to me today. I thought I had organised everything with my DMP, so this came as kind of a shock. Should I wait for something in writing? I really don't like dealing with this c**p over the phone!
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# 9
StrangelyBrown
Old 09-02-2012, 10:42 AM
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Yes winkingkitten, only deal in writing!

And good to know they'll back off if you set them straight at least!
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# 10
YungFizzy
Old 15-02-2012, 8:16 AM
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Default How do I go about this scenario please

I have learnt a lot from this forum but this is the first time I am posting a question. Pardon my newbie-ness.
I took a contract out with Tmobile and the phone was sent to my address. After a month, I realised my account wasnt debited. I called the customer service but I was told they couldn't take my card details on the phone despite all security checks. I couldnt continue to use the phone without paying, so I emailed the customer service who requested that I sent a fax of my proof of address. I couldnt do this as I had no access to a fax so I requested for the account to be cancelled. I called the customer service and I was told to post the phone back which I did.
I recently got a letter from a debt company called "Lowell Portfolio" saying I owe 342.00 from Tmobile. Please how do I go about this as I'm afraid it might affect me when Im ready for a mortgage and it might stay on my record.
Below is the first email I sent to them. I have record of all other emails but they're too long to be posted on here.
Hello, I ordered a Tmobile phone with the mobile no 075075...after the first month I noticed my account was not debitted & I didn't receive any bill.
I called the customer service & I was told my address is 287 which is wrong because the phone was posted to my address at 285. I was also told that I have no direct debit set up, I tried to set it up but I was told I couldn't because of some investigations. I'll like to know what has happened as I might decide to stop the contract & get another because I can't do without a mobile phone for too long.
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# 11
marimagic
Old 15-02-2012, 9:46 AM
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I have had to close my bank account due to 3 different types of fraudulent activities taking place in the last month. Lowell Portfolio being one that was picked up on only yesterday. They have set up a direct debit from my account for the sum of 138.

Luckily this payment was not honoured by my bank and I have since reported this activity amongst the others to Fraud action.

waiting to hear from them as we speak.
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# 12
Petri
Old 24-02-2012, 9:27 AM
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How did they know your bank account details, Marimagic?
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# 13
arcticbadger
Old 30-03-2012, 12:20 PM
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Lowell are causing me some problems too. I got myself into a lot of financial difficulty a few years ago but am through it now. However variou lenders appointed Lowell to reclaim the debt. I have paid all these off now however my credit report is still showing Lowell have not updated 2 of these to reflect this, therefore showing outstanding balances. Any ideas?
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# 14
Scottiebhoy
Old 02-06-2012, 11:14 AM
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Default Lowell Default

Hi

I re-call having a debt with 3G man many years ago, prob back in 2001/2002 and the account defaulted, the original creditor registered a default against my credit file. After not paying the debt back, Lowell then purchased this debt and instead of reporting to the original default on my credit file, they produced there own default but not until 2008, even though they bought the debt possibly around 2005.... Now my understanding would be that they once bought the debt the original creditor removes the debt from there name and lowell report to this under there own heading... Is this correct, is this default by Lowell illegal??? Any help would be appreciated?
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# 15
nottoolate
Old 02-06-2012, 11:31 AM
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Quote:
Originally Posted by Scottiebhoy View Post
Is this correct, is this default by Lowell illegal??? Any help would be appreciated?
yes. it is illegal. they cant register a 2nd later default for the same debt. demand that they remove it.
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# 16
Scottiebhoy
Old 02-06-2012, 11:37 AM
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Quote:
Originally Posted by nottoolate View Post
yes. it is illegal. they cant register a 2nd later default for the same debt. demand that they remove it.
Thank you for the reply, i thought i was correct and wanted to make sure before i contact them in writing..
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# 17
Scottiebhoy
Old 02-06-2012, 11:39 AM
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Does anyone have any words of wisdom i can use to force there hands in removing this default?
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# 18
heather66
Old 02-06-2012, 7:54 PM
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Quote:
Originally Posted by winkingkitten View Post
How odd. I just got a text from Lowells saying that they need to speak to me today. I thought I had organised everything with my DMP, so this came as kind of a shock. Should I wait for something in writing? I really don't like dealing with this c**p over the phone!
A month ago i asked them for an up to date statement of balance as hadnt had one in 18 months they replied by email .. then following week phone calls started asking for payments they even contacted me at 8.03 am last weekend to talk to me about my account . I have been on reduced payments via CAB for a few years never missed a payment, yesterday i had a letter asking for full payment or balance or an increase on what i pay them (only owe 220 ..pay them 8 ) althought we appreciate your payment we really need you get back to more regular payment's to clear your balance quicker bllah blah ..

they also refuse to acknowlege a cca request
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# 19
Scottiebhoy
Old 02-06-2012, 8:55 PM
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Quote:
Originally Posted by heather66 View Post
A month ago i asked them for an up to date statement of balance as hadnt had one in 18 months they replied by email .. then following week phone calls started asking for payments they even contacted me at 8.03 am last weekend to talk to me about my account . I have been on reduced payments via CAB for a few years never missed a payment, yesterday i had a letter asking for full payment or balance or an increase on what i pay them (only owe 220 ..pay them 8 ) althought we appreciate your payment we really need you get back to more regular payment's to clear your balance quicker bllah blah ..

they also refuse to acknowlege a cca request
They should not be going directly to you if you are dealing with CAB..
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# 20
nottoolate
Old 02-06-2012, 9:03 PM
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tell them they are in breach of the data protection act by recording false/inaccurate information
tell them they are guilty of defamation by recording false/inaccurate
tell them that unless they remove it you will take further action on both grounds
file a record of dispute via whichever credit agency you checked
dont take no for an answer
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