Need Help - Default from Lowell

raheelf

Hi Guys,

I need some help. Actually just before christmas last year, Lowell has placed a default on my Credit File even after assuring me that they will not do it as long as I keep paying every month a fixed amount to pay my debt. But they did it just before my last payment.

I never received any letter which says that they are going to put a default in my file. Please advise what should I do? I was planning to go for a mortgage next month and also had a baby last month. We are getting declines for store cards and payment plans for homeware and baby items. I am really frustrated and feeling really shackled.

This debt was of early 2006 against Vodafone and till december 2009 it was showing as settled against this account before the account was replaced by Lowell with Default against it.

Please help and let me know how can I challenge this Default or ask someone(?) to remove this.

Kind Regards,
raheelf

DarkConvict

Was there already a Vodafone default, was it just replaced by a Lowell default?

If lowell own the debt they can change the default from vodafone to lowell, but the default placed date must remain the same, as you had defaulted on the account you need to prove the procedure was not followed for placing defaults.

For an existing default you should have been sent a notice of assignment
For a new default you should have been sent a default notice, it also much be placed within 6 months of the default (last payment to vodafone), so if there was no default get in touch with OFT and ICO about getting it removed.

Only if they are done before placing a default is it valid. never-in-doubt might be able to provider clear information on the subject of defaults and their removal.

Rico6.9

Congratulations on your baby.

I believe the quickest way to remove the default is to ask Lowell to remove it.

If they don't, try a small claim insisting that it's removed. If you can prove the default is wrongful you may even make some money - about 5K. (The maximum you can claim in the small claims court).

Refer to "Durkin v DSG & HFC" if it goes to court.

I'd be interested to hear how quickly you manage to get the default removed. I suffered the full 6 years unable to buy a home for my new family. I'm still waiting for reparation from the court as house prices doubled in that time.

You shouldn't have to wait. Threaten a small claim for £5K if they refuse to be reasonable.

Good luck.

fermi

If the debt has been passed or sold to Lowells, then surely you did default at some time with Vodafone? It wouldn't have ended up in Lowells' hands otherwise.

So the question is, when did you default with Vodafone? Does that date tally with the "default date" recorded by Lowells?

If it does, then the data recorded by Lowells could arguably be said to be an accurate reflection of the account history.

The fact that it was recorded by Vodafone as settled for a time is not really relevant, as this often happens when a debt is sold on.

So:

- When did you default with Vodaphone?
- When was the account sold to Lowells?
- While the account was still recorded on your credit file as Vodafone, was it recorded as defaulted and then settled? i.e. defaulted but settled as it had been sold on?
- What is the date of the Default recorded by Lowells? Under the "default date", NOT the last time the account info was updated with an "8" or "D".

fermi

DarkConvict wrote: »

For a new default you should have been sent a default notice,

Not for a mobile phone, as they aren't covered under the Consumer Credit Act normally.

The ICO recommends that a the creditor sends a notice of intention to file a default for a non CCA debt, but it is only a recommendation in most cases.

DarkConvict

Didn't release defaults were a CCA thing, i thought it was anything relevant to a credit file

raheelf

Thanks Guys, please advise that if I write some sort of letter or talk to someone which helps me in removing this default. Right now I am in a position to afford all sorts of credit agreement but can't purchase everything by paying the full price, specially with the baby. I wish I had never trusted this credit agency (their assurance of not defaulting me) and now even after paying the whole amount to prevent this, it happened.

Here is some other information which you asked for.

- When did you default with Vodafone?
back in 2006 (happened unintentionally as I was occupied with lots of family problems and just started the job)

- When was the account sold to Lowells?
I think, January last year.

- While the account was still recorded on your credit file as Vodafone, was it recorded as defaulted and then settled? i.e. defaulted but settled as it had been sold on?
It was recorded as settled against Vodafone all the time then replaced by Lowell with a default in Jan10.

- What is the date of the Default recorded by Lowells? Under the "default date", NOT the last time the account info was updated with an "8" or "D".
- 31/01/2010.

Kind Regards,
raheelf

fermi

raheelf wrote: »

- When did you default with Vodafone?
back in 2006 (happened unintentionally as I was occupied with lots of family problems and just started the job)

In that case you can't complain about a default actually being there. You did default after all.

Instead it's just a question of making sure it is recorded as the correct date.

Please post the data recorded on your file:

As an example:

Entry Number: C3
Company name: BARCLAYCARD
Account type: Credit Card / Store Card
Started: 22/01/2003
Default Balance: £3,582
Current Balance: £3,582
Defaulted On: 15/08/2006
File updated for period to: 12/11/2006
Status History: (brackets indicate most recent status) [8]

raheelf

One of the initial letters from Lowell says something like

"if you don't pay the amount it will be reported to the credit agency as a default and you will be taken to the court."

One of their agents also assured me on the phone, that if you pay this debt then you will not be defaulted, not once but several times.


Default in my file as of now (without my personal info)

Name:***********
Address:************
Date of birth:***********
Company name:LOWELL PORTFOLIO I LTD
Account type:Communications
Started:11/02/2005
Default Balance:£908
Current Balance:Satisfied
Defaulted On:26/04/2006
File Updated for the Period to:31/01/2010

Kind Regards,
raheelf

raheelf

Sorry I missed the last bit

Status history: [8]

Regards,
raheelf

fermi

raheelf wrote: »

Defaulted On:26/04/2006

That is correct, is it not? You defaulted with Vodafone in 2006?

Is that within 6 months of the date you defaulted with Vodafone?

The important date for accuracy is the "defaulted on" date. That is often wrongly confused with the "last updated" date, which means nothing really.

Can you post up the info the equivalent info that Vodafone had on your credit report before it was went to Lowells?

Sorry for all the questions , but it would be unfair to send you on a "wild goose chase" to get info removed/corrected without being sure that the info recorded now on your file was actually inaccurate.