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**Joanna Connolly Solicitors** · 14 May 2020, 18:39

Originally posted by cowbopper View Post

and a massive thanks to Di for getting me started.

My pleasure

I'll take a peek at each of your debts and add my comments tomorrow.

Di

**cowbopper** · 23 May 2020, 15:25

So had an alert on credit file today. Debt 2 has been updated by Lowell to say that the account defaulted in 2019, which is nonsense. All the previous payment info they had recorded has been deleted. Would my SAR to the original creditor potentially trigger this? Not sure what to do???

**Joanna Connolly Solicitors** · 31 May 2020, 15:32

Originally posted by cowbopper View Post

Debt 2 has been updated by Lowell to say that the account defaulted in 2019, which is nonsense. All the previous payment info they had recorded has been deleted.

That's curious since the debt was apparently assigned to Lowell before 2017 and you paid them direct after that.

The account should have been defaulted and terminated before it was assigned, not two years later.

My inner cynic wonders whether it really was assigned to Lowell in 2017 (what date?) or whether it was 'on loan' or perhaps a flawed assignment (Deed) so they've subsequently attempted to tidy up the paperwork to remedy the issue.

Your SAR to Creation might reveal the truth unless any entries have been 'amended' retrospectively.

Or am I just becoming too cynical in my old age

Di

**cowbopper** · 3 June 2020, 16:14

Diana Mayhew

I've sent SAR requests to Experian and Equifax for historical credit reports.
I've had a good discussion with Niddy too. it appears that the original creditor failed to default the account, Lowell have then decided to do so after the DMP stopped being paid. I've got a letter from Nov '18 threatening the default, but no copy of any actual default notice.

My biggest irritation with this one is that they waited until May 2020 to update a file with a default that was apparently issued in January 2019. Just as everything else drops off my partners file, this one has come in like a massive sledgehammer.

Hopefully we get something interesting in the SAR's I've sent. Will keep everything updated.

**Warwick65** · 3 June 2020, 16:46

Is this a Capital One debt owned by Lowell. The same thing happened to me and when it went to court, Lowell were unable to produce a DN and the claim failed. My claim was over 5K

**cowbopper** · 3 June 2020, 17:13

Warwick65

This was a Creation CC originally. Ideally I need to get files corrected, my understanding is that Lowell are not entitled in their position to default the account.

**Moonmonkey** · 4 June 2020, 14:05

Originally posted by cowbopper View Post

Warwick65

This was a Creation CC originally. Ideally I need to get files corrected, my understanding is that Lowell are not entitled in their position to default the account.

i had a problem with creation CC not defaulting me and it going to Lowell - i complained then took it to the ombudsmen and eventually got £1300 back in interest, £150 in compensation and a default back to January 2014. Think i then cleared the debt for about 70% (Pre when I knew about CCAs / AAD etc.) So if you should have been defaulted in line with ICO regulations and have been charged interest then you have a case for some money back.

**Joanna Connolly Solicitors** · 4 June 2020, 14:21

Originally posted by cowbopper View Post

This was a Creation CC originally. Ideally I need to get files corrected, my understanding is that Lowell are not entitled in their position to default the account.

More haste less speed

If Creation and/or Lowell have made an error then you don't want that put right until you have all the information in front of you so as not to compromise your legal position if Lowell subsequently issue a claim.

Believe it or not sometimes the error can be a good thing which works to your advantage in the long run.

You're awaiting a response to your s78 CCA Request from Lowell*, and you're awaiting a response to your SAR from Creation.

*Although it looks like you may not have yet sent your CCA Request to Lowell which you should do asap (unless I've misunderstood your post).

A SAR should only be sent to the original creditor after you receive a response to your CCA Request from the debt purchaser, so you capture any information noted on your file about the two businesses communicating.

Di

**Joanna Connolly Solicitors** · 4 June 2020, 14:28

Originally posted by Moonmonkey View Post

i had a problem with creation CC not defaulting me and it going to Lowell - i complained then took it to the ombudsmen and eventually got £1300 back in interest, £150 in compensation and a default back to January 2014. Think i then cleared the debt for about 70% (Pre when I knew about CCAs / AAD etc.) So if you should have been defaulted in line with ICO regulations and have been charged interest then you have a case for some money back.

If Creation made an error with the (absence of) Default Notice it's possible that Lowell would not have been lawfully able to claim a penny from you if they had issued a claim.

Paying them 70% must have made their day.

Di

**cowbopper** · 5 June 2020, 10:22

Originally posted by Diana Mayhew View Post

More haste less speed

If Creation and/or Lowell have made an error then you don't want that put right until you have all the information in front of you so as not to compromise your legal position if Lowell subsequently issue a claim.

Believe it or not sometimes the error can be a good thing which works to your advantage in the long run.

You're awaiting a response to your s78 CCA Request from Lowell*, and you're awaiting a response to your SAR from Creation.

*Although it looks like you may not have yet sent your CCA Request to Lowell which you should do asap (unless I've misunderstood your post).

A SAR should only be sent to the original creditor after you receive a response to your CCA Request from the debt purchaser, so you capture any information noted on your file about the two businesses communicating.

Di

Your correct in saying I haven't sent a CCA request. Taken your advice, Its all written up, printed and posted today.

**Joanna Connolly Solicitors** · 5 June 2020, 14:43

Originally posted by cowbopper View Post

Taken your advice

Wise move

Di

**cowbopper** · 11 June 2020, 15:07

Following SAR requests to Cap1 and Sainsburys, I've received letters asking for:

Sainsburys:
Original or certified copy of marriage certificate
Current Name
Previous Name
Signature

They have never written to me at this address, but the DCA has.
The letter I sent them included a signature but tamperproof.

Cap 1:
Original Signature that matches our records
Copy of current passport or Driving licence.

They have written to me previously at my current address
The letter I sent them included a signature but tamperproof, i also have a feeling the account would've been opened online and therefor they have no record of any signature.

My next intention is to utilise one of the templates on AAD+

**cowbopper** · 13 June 2020, 14:07

Response to s78 from Lowell. Highlights include

1. default notice is a one off document and most creditors don’t keep a copy.
2. We are not obliged to provide a copy of the default notice
3. the default would’ve been sent by the original al creditor?!?!? (The default has been recorded following acquisition of the account by Lowell)
4. Apparently they can’t post stuff to me by Royal Mail because of coronavirus, so can I provide some personal information and email address to allow them to do it that way. If they don’t hear from me, they will post Info received when government guidelines have been lifted ?. So how did they send this particular letter to me? By owl I assume.

**Warwick65** · 13 June 2020, 17:13

Did you ask for a copy of the DN? Even if they can’t provide a copy of the original they will have to provide proof one was sent.
When they took me to court all they provided was a pro forma with things like <<insert name>>. They didn’t get very far

As for the letter I suspect they were able to type and send the letter without a person touching it. I also bet it was sent using a mail delivery service. They are probably working from home but as long as they don’t try to enforce I.e go to court they will be ok.

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