Dispute a default on my experian credit file.

JamesSmith2000

Now they say.......

Dear xxx

Thank you for your email.

The default is in our name as we are the legal owners of the account. We do believe that this is your account the default is being reported correctly.

The account relates to your current address and also this email address was used in relation to setting up the account.

Due to the information given we do believe that the account is yours, you are liable for the balance and the default on your credit file is correct.

Kind regards,

-

I am going round in circles. I will go back to the start and ask them again please either prove it or remove it.

Im pulling my hair out here.

JamesSmith2000

I have asked them.......

Thank you. I know you believe that debt relates to me. I feel like we are going round in circles here. I am disputing it and have asked you several times now as you are responsible for putting the default on my credit file, to please prove it.

Please do not ask me to ask someone else to prove it, please can you prove it as you are responsible.

Regards.

Tixy

Have you sent a complaint to the ombudsman yet?

If not I would have written to the debt collectors to state that you asked them to provide proof of the alleged debt on x date and they replied on xdate to state that they were no longer responsible for the debt and it had been passed back to their client.

That you then wrote to them again on xdate to ask them to remove the entry from your credit file which is in their name.

That they have now informed you that they are the legal owners of the debt which contradicts their earlier statement that it had been handed back to their clients.

I would then reiterate that you want them to provide proof of the alleged debt or remove the entry from your credit file and that if they fail to do so then you will make a complaint to the FOS.

I would switch to post rather than emails though.

fermi

You need to make it very clear to Lowells that:

- This is not your debt.
- It was never your debt or account.
- That they are recording false and inaccurate information on your credit report, and so are in breach of the Data Protection Act 1998.
- Recording deliberately or negligently false information on your report may amount to defamation, which would leave them open to action on that.
- If they do not remove the false information then you will be reporting them to the ICO for breaches of the DPA, and referring their negligent checking and reporting of information, and their refusal to investigate a valid dispute to the FCA.
- If they do not remove the false information then you will be taking them to the ombudsman, and will be seeking compensations and redress for their negligent actions.


Not just that, but you need to be prepared to follow through with that, as Lowells are bluntly ignorant and deliberately obstruct bunch of bstards that you must not give an inch to.

May also be worth pointing out that you are aware of the numerous reports (BBC Watchdog etc) of them recording information on the wrong persons file and chasing the wrong person for the debt, so their claims that the information is correct has zero credibility.

JamesSmith2000

I have been fighting this since May. Lowell said they will provide proof but since have changed tactics and try saying other things. They can not send me any proof, just try to fob me off. I have sent this further letter both electronic and by recorded delivery.

Dear Lowell

Further to your last communication I am disappointed to have still not yet received documentation to prove the alleged debt obligation that you are responsible for recording in my name. You said you would send me the proof that I have been requesting for over 2 months now since May 2014.

If it is on its way then no further action needs to be taken from you until you hear from my legal team. If it has not yet been sent as you promised then can I please formally ask once again to please send me the alleged signed agreement. My solicitor needs to see the signature and the entire agreement because I do not acknowledge this obligation on my part.

I have asked many times now please can you either prove it or remove it from my file. Please can we try sort this ASAP I still do not have any knowledge of this alleged debt obligation that you are responsible for recording on my credit file and need to see your proof so that we can get to the bottom of this.

Yours faithfully

JamesSmith2000

Great news

Whilst O2 indicated to us that this debt was valid and payable, I have taken the decision to close your account. This will take place once it has been returned from Sabre International Limited, which has been dealing with the account on our behalf.

Your credit file will be updated accordingly. Please allow up to 50 days for the Credit Reference Agencies to reflect this change.

-

Do not give up!

fermi

Marking it as 'closed' is not good enough. Make sure they remove it.

JamesSmith2000

fermi wrote: »

Marking it as 'closed' is not good enough. Make sure they remove it.

They said they would, but for me to wait 50 days for all the credit reference agencies.

JamesSmith2000

Can I ask what is the difference between a closed case and one removed? I mean they are admitting it was fraud to close it so would this not be the same as removing it?

fermi

Could just be marked as settled, or could be sent back to the original company to appear again under their name?

Maybe it will be removed completely, but as you've discovered Lowells are deceptive and untrustworthy by nature, so pays to be cautious.