Default Showing from 2005 - Fuming!!!!!!

Sammy_Girl

Hi Guys,

I have been checking my Equifax report online today, and noticed a new credit account that had appeared on there this week. It is from Lowell recording a default from April 2005 for the princely sum of £16 owed to 3 Mobile.

I immediately emailed Equifax to query this, as I do not owe this money, and have never received any correspondence regarding this. The address that they recorded at was at an address that I moved out of in May 2005.

Please, can someone advise what I can write to Lowell and/or 3 to get them to remove this default. I am really working my butt off to improve my credit file, and this has just pushed me back down again

Thank you in advance

Sammy_Girl

Please can someone advise if I should send one of the CCA request letters also asking them to remove their default from my file. I do not acknowledge the debt, and want the default removed asap.

Any advice would be most greatly received.

Many thanks

nicnacnoo

Have you been to the police to report this? Im helping my friend who has 5 files on her report that are not hers, her first port of call was the police. Print out your credit report and take it to the police.
Maybe ring Lowell/3 to find out they have the details correct and to see what it is they want you to send in as proof to show you didnt live at the address the time they say you did.
good luck with it

Mimi_Arc_en_ciel

send a cca to them and see what they say

Hopeful1

I din't think that credit agreements applied to mobiles but am probably wrong as usual!! You certainly need to ask them for clarification of the account details and copy of the original default notice though. See what they come back with. Be quite clear about how long they have to reply to you and tell them that you will be taking your complaint to the relevant authorities if they do not respond satisfactorily. Keep it all in writing.

That must be so frustrating. DCAs really do play by their own rules.

Sammy_Girl

Thanks Guys,

I really am going to fight this tooth and nail. I did have an account with 3 in 2004/2005, and I closed it after the 12 month contract, and paid everything by direct debit and they never chased me for further payment otherwise I would have paid the stupid £16!! I moved out of the address 3 months after the contract ended, so if I owed £16, surely they should have informed me within those 3 months??

What irks me is that it has suddenly appeared on my credit report 3 and a half years later!!

Anyway, I got the letter template from National Debt Line and will be sending the following today:

My Name & Address

September 12, 2008

Red Debt Collection Services
PO Box 203
Leeds
LS11 1BG


Account No: xxxxxxxx

I DO NOT ACKNOWLEDGE THIS DEBT

Dear Sir/Madam

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 (sections 77-79), I am entitled to receive a copy of any credit agreement and a statement of account upon request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

My Name. Not my signature though.



Fingers crossed!!!!

Sammy_Girl

This just gets more annoying. I know that I had recently seen this 3 account on one of my credit files. I've just checked my Equifax, and a credit account for 3 was deleted on 21 August, with the exact same reference number that Lowell had on their current default. Can they do this????

I'm looking forward to the reply that I get from Lowell!!

Sammy_Girl

Please can someone help me. I received a letter today from Red (acting on behalf of Lowell) which said the following:

We are in receipt of your request for a copy of the executed credit agreement in accordance with Section 77(1) and/or 78(1) of the Consumer Credit Act 1974.

The account agreement to which you seek is not a regulated agreement under the Consumer credit Act 1974 and the provisions of this Act do not apply to this debt.

Our client therefore has no obligation under the provisions of the Act to supply the information requested by you.

We would therefore request you contact us on the number below to put forward your proposals to settle the outstanding debt.

Yours sincerely

Blah blah blah

What I understand from this, is that mobile phone contracts are not applicable under this Act. But surely I would have had to sign something to agree them to share my info with the CRAs.

I want proof that the debt is valid. I don't believe that it is and therefore would like it removed from my files.

Please, please, please can someone advise on my next step.

Many thanks.

tallyhoh

Would they give you a statement showing debits/credits?

Sammy_Girl

No they didn't.

I've just come off the phone to National Debtline and the lady advised that I send them another letter asking for proof of debt, and a statement of account, and take it from there.

If it proves I owe the money then I will pay the £16 and wait another 2 and a half years for the default to come off. If I don't owe the debt then they can remove the default.

I can do but try

Sammy_Girl

Ok, so I have just written the following to Red/Lowell:

Red Debt Collection Services
PO Box 203
Leeds
LS11 1BG


Dear Sir/Madam

Your Ref: xxx
Alleged Creditor: xxx
Alleged Amount Outstanding: £16.38

I am in receipt of your letter dated the 15 September 2008, in which you state that the account agreement that I am disputing is not a regulated agreement under the Consumer Credit Act 1974. I was not aware of this, so I thank you for informing me as such. However, I still dispute the above alleged debt.

As you are aware, Hutchinson 3G UK Ltd report all account details to the Credit Reference Agencies, detailing where a payment has been received and where a payment has not been received. I would like to draw your attention to a recent Equifax Credit Report of mine that I received on the 11th June 2008. I enclose a copy of the appropriate account for your records. As you can see, the account which you are querying was recorded with Equifax by Hutchinson 3G UK Ltd with a start date of 31/03/2004 and a satisfied date of 11/04/2005. The same account was also updated on the 24/05/2005. There is no record of any payments in arrears and there is also no record of a default/delinquent balance. As you can see, the current balance stands at £0.00, which is contrary to what you allege. When I cancelled the contract with Hutchinson 3G UK Ltd in 2005, I did so in accordance with their cancellation policy and all monies were paid at the requested time. At no time after the contract had ended, did I ever receive any further correspondence from Hutchinson 3G UK Ltd regarding an outstanding amount. This is why I am disputing your alleged debt of £16.38.

Unfortunately, Lowell Portfolio has acted in a manner that is both unfair and illegal in more than one instance. They have created a new account on my Credit Report for the above alleged debt, marking it with a Default. They have also failed to provide me with a Default Notice, which if I had received, I would have disputed the matter earlier without my Credit Report being marked. Also, as you are aware, it is an offence to have duplicate accounts with the Credit Reference Agencies for the same Agreement.

As this debt does not exist due to the aforementioned explanation above, and due to the fact that Lowell Portfolio has acted in an unjust manner, I demand that any such record of an account and a default with Lowell Portfolio be removed from all three Credit Reference Agencies with immediate effect. Failure to do so will result with me having no alternative but to take this matter to the Office of Fair Trading and the Information Commissioner.

I look forward to your written confirmation of the above.

Yours faithfully

Sammy_Girl