Lowells Wont remove a disputed default!

canaryjam

Hi there Please can any1 help me as I have got to a point now where I feel I have exhausted all avenues let me give you a run down,

1. Needed a remortgage after fixed rate was up in sept, applied and got declined (MAR 08)
2. Checked credit references and 2 defaults on my account from Lowells (£262) from 2005 and Hilleseden (£10000)
3. Used this site and consumer action group websites and sent off CCA request, both DCA's defaulted on the request and sent letters to me of end of matters blh blah
4.Now want them to remove the defaults on my account, I have sent them letters asking but have had letters back saying they will not remove the defaults.

This is where I need you guys and gals to help me, where do I go next, this is having a massive strain on my relationship as our mortgage has increased by £400 pounds and my wife is on maternity leave!!

Any advice gratefully received

fairmorn308

well i just had a default removed by lowell so it is possible

I sent them a CCA but heard nothing back ( only been 3 weeks ) sent a letter to the CRA disputing the default and they said they will contact lowell and get back to me and a week later i got a email saying they are removing the default. only got email yesterday and checked my file today and the default is gone.

canaryjam

thanks for the speedy reply willtry it out!!

canaryjam

sorry who did you contact and what did you send them??
Cheers for your help

:T

GeorgeUK

There are 3 credit reference agencies. Did you send letters to all of them fairmorn?

As i understand it, as the DCA do not have a copy of the CCA, then they cannot prove that you gave permission for your details to be made available to 3rd parties - the CRA's. As this is against the Data Protection Act regulations, then the DCA should remove the default, although few ever seem to.

Hope you get this sorted.

canaryjam

Thanks for all of your advice, I have contacted Experian and after a promising start they today came back and said that both Hillesden and Lowells refused to remove the defaults!! I am pretty sure this is breaching some consumer credit act or the data protection act please can some one advise me on whether I should contact a solicitor?
Thanks
A exasperated

Canary:mad:

GeorgeUK

I would advise reading this thread, then popping over to the consumeractiongroup forum to ask if this would help in removing a default. I've no idea what letters others have used that worked so i cobbled this together from various posts after doing a bit of research on the CAG site. They may be able to comment more on the legalities and whether what i wrote would hold water or have any impact.

http://forums.moneysavingexpert.com/showthread.html?p=12720057#post12720057