What information can a bank give Lowell

Submarine

My debt with Lloyds Bank from 2014 was sold to Lowell. There was no agreement but Lowell obtained the full history of every transaction I ever made in the form of every statement. I feel this ought to breach some sort data protection rules, but as I'm not sure, I'm asking here.

sourcrates

No, it’s perfectly legal.

Somewere way down in the small print you never read it will state they are entitled to sell or otherwise dispose of the account to a 3rd party at their discretion.

Debts are sold all the time, Lowell can get whatever information they wish from the original creditors in order to prove liability to you.

Just_Di

Submarine wrote: »

My debt with Lloyds Bank from 2014 was sold to Lowell. There was no agreement but Lowell obtained the full history of every transaction I ever made in the form of every statement.

The precise information a debt purchaser can obtain from the original creditor will be spelt out in the conditions in the Deed of Assignment. This can, and often does, limit the exchange of information.

However as sourcrates has said it's likely that the original credit agreement Ts & Cs gave them the legal right to transfer anything and everything.

Di

Just_Di

Submarine wrote: »

My debt with Lloyds Bank from 2014 was sold to Lowell. There was no agreement

If there was no credit agreement consider whether this may render the debt unenforceable.

Have you sent a s 77-79 CCA Request to Lowells?

Di

Submarine

I defended the claim and it came apparent that the original agreements were lost. However I was a bit slack and missed the court date as I had a date the following week in my mind so lost by default. But with no agreement in place, I wondered if Lloyds could prove to me they had the right to share my information.. Wondering about poking Lloyds a little ...

sourcrates

Submarine wrote: »

I defended the claim and it came apparent that the original agreements were lost. However I was a bit slack and missed the court date as I had a date the following week in my mind so lost by default. But with no agreement in place, I wondered if Lloyds could prove to me they had the right to share my information.. Wondering about poking Lloyds a little ...

All academic if judgement has been handed down.

If no agreement exists, then a set aside is an option for you ?

Just_Di

Submarine wrote: »

I defended the claim and it came apparent that the original agreements were lost. However I was a bit slack and missed the court date as I had a date the following week in my mind so lost by default.

Do you mean you filed your Acknowledgment of Service but failed to file your Defence by the court deadline so the Claimant got Judgment by default?

Or do you mean your filed your Defence but failed to attend the subsequent Trial date?

Either way I don't think you can put the clock back because I can't see a good reason for you to get the CCJ (Default Judgment?) set aside unless there was a court/admin/procedural error, in which case you can make an Application for Relief from Sanctions.

I'm guessing this is why you understandably want to know whether Lloyds have done something they shouldn't have done so you may be able to claim compensation.

Did you have PPI on the Lloyds account which may have been missold? If so you may be able to make a refund claim from them (Lloyds) despite losing your court battle with Lowells.

Di

Submarine

sourcrates wrote: »

All academic if judgement has been handed down.

If no agreement exists, then a set aside is an option for you ?

If Lloyds breached data protection etc by handing over private information when they cannot show they have an agreement to their T and Cs that allow them to do that, then maybe I could complain and ask for compensation?

Submarine

Just_Di wrote: »

Do you mean you filed your Acknowledgment of Service but failed to file your Defence by the court deadline so the Claimant got Judgment by default?

Or do you mean your filed your Defence but failed to attend the subsequent Trial date?

Either way I don't think you can put the clock back because I can't see a good reason for you to get the CCJ (Default Judgment?) set aside unless there was a court/admin/procedural error, in which case you can make an Application for Relief from Sanctions.

I'm guessing this is why you understandably want to know whether Lloyds have done something they shouldn't have done so you may be able to claim compensation.

Did you have PPI on the Lloyds account which may have been missold? If so you may be able to make a refund claim from them (Lloyds) despite losing your court battle with Lowells.

Di

I had a fairly robust defence and had got as far as exchanging witness statements. Turned up at court on Tuesday and found the case had been heard on Friday. Stupid mistake on my part. I had budgeted to pay if I lost and costs were only £100 plus vat for their lawyer for the morning so i wasn't crucified. No PPI but a debt mainly made up of punitive bank charges for being overdrawn. No signed agreement, and some dodgy paperwork from Lowells. No PPI.

Not so much hoping for compensation as to maybe have a complaint substantiated by the relevant body which prevents Lloyds from sharing the same information of others with Lowells to help others.,.

Just_Di

Submarine wrote: »

I had a fairly robust defence and had got as far as exchanging witness statements. Turned up at court on Tuesday and found the case had been heard on Friday. Stupid mistake on my part. I had budgeted to pay if I lost and costs were only £100 plus vat for their lawyer for the morning so i wasn't crucified. No PPI but a debt mainly made up of punitive bank charges for being overdrawn. No signed agreement, and some dodgy paperwork from Lowells.

It seems you were doing so well until you got the court date wrong so they won since you weren't there to argue your evidence and you admit you made the mistake about the Hearing date not the court.

However if you had filed a Defence and a Witness Statement that evidence would have been before the court but sadly the Claimant appears to have persuaded the DJ that their arguments were legally solid and you weren't there to contest that.

If you pay the Judgment within a month then the CCJ will not appear on your CRA file.

In fact only Default Judgments and Admissions are automatically registered. CCJs that are made at a Hearing do not get recorded at the Registry Trust unless there is any subsequent court action such as an Application to Vary the Judgment, or enforcement action such as an Application for an Attachment of Earnings or a Warrant of Control.

Di