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Template Letters -

Please can someone point me in the direction of a complaint letter to the Information Commissioner or OFT?

Lowells finally admitted that my partner was not the person they were looking for. They had searched his record almost monthly since early this year and had a default placed on his record with the 3 CRA's - I wrote to them at the beginning of this month (1st) requesting confirmation all searches have been removed and the default also removed from his credit file. I've not had a response yet. I've checked the online reports and the searches and defaults are still on there.

I'd like to complain about them to whoever is the best body to complain to... either OFT or Info Commissioner.

Thanks

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I'm not aware of any specific templates that would be suitable.

    The ICO has a set of complaint forms to fill in, so they should give you a structure for your complaint.

    See: http://www.ico.gov.uk/complaints/data_protection.aspx

    Similarly the OFT has this:

    http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/debt-collection

    As said, the forms there are normally for advisor’s to complain, but you can use them as a basis as well.
    Download Debt collection guidance (pdf 117 kb).Debt collection complaints
    If you are an adviser or third party organisation and you would like to complain to the OFT about the debt collection practices of creditors and/or their debt collection units, as well as external debt collection agencies, please download and complete the complaint form (Word 123 kb) and return it to the OFT at the following address:


    Enquiries Centre
    Office of Fair Trading
    FREEPOST
    London
    EC4B 4AH
    Email: [EMAIL="enquiries@oft.gsi.gov.uk"]enquiries@oft.gsi.gov.uk[/EMAIL]

    The OFT complaints evidence checklist (pdf 90 kb) may be helpful when dealing with complaints against traders collecting consumer credit debts. It can be used alongside the OFT's debt collection guidance and the complaint form.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Watalie wrote: »
    Lowells finally admitted that my partner was not the person they were looking for.
    Please tell me they did this in writing...

    ...because obviously you've lost out on preferential rates, 0% credit cards, finance for your business, jobs, pensions, life insurance...

    And of course this means that as a result of their negligence your business has failed, you've paid millions extra in interest, you couldn't afford the winning lottery ticket for the £500,000,000,000 rollover jackpot that you would definitely have won.

    With the boot on the other foot, make sure you apply it firmly and repeatedly.
  • Watalie
    Watalie Posts: 535 Forumite
    edited 26 November 2010 at 3:05PM
    Please tell me they did this in writing...

    ...because obviously you've lost out on preferential rates, 0% credit cards, finance for your business, jobs, pensions, life insurance...

    And of course this means that as a result of their negligence your business has failed, you've paid millions extra in interest, you couldn't afford the winning lottery ticket for the £500,000,000,000 rollover jackpot that you would definitely have won.

    With the boot on the other foot, make sure you apply it firmly and repeatedly.

    Yep they did do it in writing and I've sent a copy of the letter to each of the CRA's.

    My OH was refused a bank account with Barclays and we know it's specifically to do with this default as it's the only thing on his report.

    EDIT - They also had the generosity to tell us that what they did, wouldn't have affected his ability to get credit! :rotfl:
  • Watalie
    Watalie Posts: 535 Forumite
    fermi wrote: »
    I'm not aware of any specific templates that would be suitable.

    The ICO has a set of complaint forms to fill in, so they should give you a structure for your complaint.

    See: http://www.ico.gov.uk/complaints/data_protection.aspx

    Similarly the OFT has this:

    http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/debt-collection

    As said, the forms there are normally for advisor’s to complain, but you can use them as a basis as well.

    Thanks very much fermi :)
  • Watalie
    Watalie Posts: 535 Forumite
    Well today is the day -

    I'm sending my complaint letters to the ICO & the OFT re Lowell.

    They've had 28 days to get back to us but still nothing and the bloody default is still showing on OH's Credit Files with all 3 agencies :(

    I also have another question though, for those in the know ;)

    On his Equifax report there are a number of "Table 1" Searches, which I believe are the Credit Searches and seem to be by a Co called HFO Services, he has no idea who this is or what it relates to but the searches have been almost 1 per month and I belive too many searches impact on the score. Any advice on what I should do about these?

    Thanks
  • Watalie
    Watalie Posts: 535 Forumite
    Just ressurecting this thread to update -

    At the weekend following all my complaints, we got a £50 "Compensation for mistrace and inconvenience" cheque from Lowell.... I'm not sure if we should bank it or frame it!!

    We're still waiting for Equifax to update their report, seems they take a bit longer for some reason than Experian.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Watalie wrote: »
    Just ressurecting this thread to update -

    At the weekend following all my complaints, we got a £50 "Compensation for mistrace and inconvenience" cheque from Lowell.... I'm not sure if we should bank it or frame it!!

    We're still waiting for Equifax to update their report, seems they take a bit longer for some reason than Experian.

    Does the £50 cover adequately your time and hassle? Not to mention the fact that you had a defamatory/libellous default on the report for some time.

    I would be inclined to carry on with the complaints, as Lowells shouldn't be recording adverse data on people's files unless they are 100% sure it's accurate and the correct person.

    A £50 cheque is taking the **** to be honest, and is not really the point.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Watalie
    Watalie Posts: 535 Forumite
    fermi wrote: »
    Does the £50 cover adequately your time and hassle? Not to mention the fact that you had a defamatory/libellous default on the report for some time.

    I would be inclined to carry on with the complaints, as Lowells shouldn't be recording adverse data on people's files unless they are 100% sure it's accurate and the correct person.

    A £50 cheque is taking the **** to be honest, and is not really the point.

    £50 is not even close. It's been a nightmare. My partner has really struggled with having the default on his file - struggled with changing banks, struggled with filling in his SC forms for work as we've had to provide them with copies of everything proving the debt isn't his.

    Funnily enough, I'd sent another letter to them which had crossed in the post with the cheque so we'll see what comes of that.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Maybe you should start giving this guy some serious earache?

    http://www.credittoday.co.uk/news/news-item.cfm?news=2115
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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