Complaint with Credit Services Association

yorkie1980

Hi all,

This post refers to an escalated complaint re: Lowell (:mad: ) which is now lodged with Credit Services Association (CSA) and Financial Ombudsman Service (FOS).

Basically Lowell ignored my CCA requests for four months, I reported them to CSA and FOS. I identified 9 areas of the CSA's Code of Practice and 6 areas of the OFT's Guide to Debt Collection Lowell had not complied with, not to mention breaching the CCA and DPA.

Within a week of me complaining, they leapt to life and have now sent me my signed application form :rolleyes:.

CSA immediately sent a letter saying Lowell have complied with my request and the case is closed!!

• Am I seeing things? CSA are supposed to regulate this industry aren't they? As a complainant, surely I can expect to be consulted before a case is closed?
• Can anyone tell me who's 'side' CSA are on? (For info, Lowell sign up to be a member of CSA, I guess it's a 'kitemark' of 'quality' in debt collection)
• Should I write to them explaining that they have not complied with my request, and are still in breach of the CCA and the CSA's Code of Practice?
• Does anyone have any experience of lodging/resolving a complaint with CSA?
• Or should I just note the above and proceed with FOS - who have replied saying they're overwhelmed with complaints at present and will respond in due course.

Thanks for taking time to read.
yorkie1980

yorkie1980

I've posted the letter I intend sending to CSA. Hoped someone would be able to give it a quick 'once-over'

Dear Sir,

I am astounded to see that you have closed my complaint without consulting me first. As the complainant, I would expect to be notified of your member's response and consulted as to whether I feel my complaint has been resolved to my satisfaction.

The response from your member is not satisfactory and does not comply with my legal request. So I kindly ask you to 're-open' the case, based on the below information:

1) Provision of a Signed Credit Agreement, in accordance with the Consumer Credit Act 1974
As you will be aware, your member has a duty to provide me with a copy of the signed credit agreement. Your member has sent me a copy of the signed application form. Therefore, my legal request remains outstanding. An application form does not constitute a true copy of a credit agreementand that which Lowell Group plc sent me doesn't even contain all the prescribed terms including repayment terms, rate of interest, and credit limit and is certainly not 'properly executed' as defined in the CCA 1974.

Lowell Group plc had until 5th February 2008 to provide me with the true copy I requested. They are now in default of this request and committed a criminal offence on the 6th March 2008.

2) Provision of Deed of Assignment
I have yet to receive either the Deed of Assignment or the Statement of Account – both of which I requested on 12th February 2008. The Deed of Assignment proves Lowell Group plc have the legal right to collect this account, and a copy should be available to me on request.

3) Breaches of Data Protection Act 1998
Whilst this account is in dispute, Lowell Group plc are not entitled to register any information on this account with any credit reference agencies (or any third party), an action they chose to perform in February 2008 with CallCredit Credit Reference Agency. To register information with a credit reference agency, they must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, which they have failed to produce. They therefore, do not have my permission to register information and have breached the Data Protection Act.

RESOLUTION
Finally, to resolve this case, my position has not changed from my original complaint – I expect the following from your member:

· PROVIDE A TRUE & SIGNED COPY OF THE ORIGINAL CONSUMER CREDIT AGREEMENT AND A DEED OF ASSIGNMENT AS IS THEIR OBLIGATION UNDER THE CONSUMER CREDIT ACT 1974, s78

If the member cannot provide the above, I expect Lowell Group plc to:
· REMOVE ALL ENTRIES PROCESSED WITHIN THE LAST 6 YEARS WITH CREDIT REFERENCE AGENCIES IN RELATION TO THIS ACCOUNT.
· CEASE PROCESSING MY INFORMATION (AUTOMATED OR MANUALLY) AND REMOVE MY PERSONAL DETAILS FROM THEIR SYSTEMS, IN ACCORDANCE WITH MY RIGHTS UNDER THE DATA PROTECTION ACT
· CONFIRM IN WRITING THAT NO MONIES ARE OWED TO LOWELL GROUP PLC IN RELATION TO THIS ACCOUNT AND THE BALANCE IS ZERO.

I am very disappointed you took the decision to close my complaint without consultation, and trust given the information above, you will further investigate accordingly. This complaint is also lodged with the Financial Ombudsman Service, and I will refer to your correspondence in my dealings with them.

I will allow 7 days for your member to comply with my request, before I start legal proceedings. I feel I have given Lowell Group plc enough opportunity to comply with their legal obligations, something they have continually failed to do. I am not prepared to accept anything other than the above resolutions.

Please ensure your member is aware that legal proceedings will also result in me seeking compensation (under s13 of Data Protection Act) for damages caused as a result of their negligence.

Bazza66

Dont know if Yorkie still on here but did you get anywhere with this?

I am in a similar situation (suprise suprise with Lowell as well) and was wondering how you got on.

yorkie1980

Basically Lowell sent another copy of my application form, CSA said it was ok and closed it.
I sent above letter, they didn't respond.
Lowell's 6 years is up in March 09, so I'm just gonna leave it til then. Interestingly, Lowell haven't sent anymore letters asking for payment since MArch this year!! (since I first asked for CCA)
They do continue, however, to enter D's on my credit report every 2-3 months
Hope that's of help, best of luck, keep me posted!