Lowell Finance - Old 3 Mobile debt

GeorgeUK

She can check her credit file free at equifax (as long as she cancels within 30 days). This should show the payment history for the last 5 or 6 years. If not, she can try the same with experian.

If the account is on the credit file, she should definately be able to see the payment history.

GEEGEE8

I've got access to the free Experian credit file that she has signed up to for 30 days, and that is all the info available so far.

We will see if the bank can help her trace her last payments.

fermi

Lowell are making a bit of a habit recently of breaching the Data Protection Act by recording recent defaults on statute barred debts.

Completely out of order, and some people have (allegedly) obtained court orders requiring removal etc.

As said, it s the date of last payment that is important.

When a default is recorded on you credit report is irrelevant for the statute barred date.

GeorgeUK

Might be worth trying the equifax one as that is also free - that should definately have a record of the payment history for all her accounts. - it has mine.

never-in-doubt

GeorgeUK wrote: »

that should definately have a record of the payment history for all her accounts. - it has mine.

Unless the account is indeed over 6 years old since last payment was made in which case the fields would be blank...... (i.e. no status change being reported)....

GEEGEE8

Bad news, last payment was made in 2006, the bank confirmed it with her on Friday..

I guess the best thing to do is to pay them? Could she maybe try to negotiate a fee reduction?

GeorgeUK

Was this confirmed over the phone?
Are they sending payment details to her?
Might be worth doing a SAR to get all the transaction history for her account so she can confirm (I'm paranoid like that)

If this was the date of last payment, then there is no way the default date should be 2008.
(I take it you're in England?)

Have Lowell replied to the 'prove it' letter with a copy of the airtime agreement or proof of payment in 2008?

GEEGEE8

She hasn't responded to them at all yet, I wanted to find out when her last payment date was before I told her how to proceed.

She went into the bank who confirmed the last time she paid anything to 3mobile.

Yes, we are in England.

never-in-doubt

GEEGEE8 wrote: »

She hasn't responded to them at all yet, I wanted to find out when her last payment date was before I told her how to proceed.

She went into the bank who confirmed the last time she paid anything to 3mobile.

Yes, we are in England.

Hiya

A default should be placed within 6mth so it's strange that they have waited 2+ years to add it - this alone is good enough to demand removal but whether they listen is another matter entirely, this is Lowell we're speaking about here. Also, if your sister moved away without telling the network her forwarding address, this could have delayed any default action being taken so the network may refuse to do much at all....

However it may well be worth your sister writing to the network - not lowells - explaining some sob story and seeing if they will remove the adverse entries in exchange for full settlement - otherwise the entry will remain until 2014.

It's an unfortunate one, but Statute Barred is ruled out, that is for sure. If she isn't bothered about her credit rating (which is already trashed in essence) then she could just ignore Lowell for the last 2yrs before SB would kick in (6yrs from date of last payment), although the default would remain until 2014 which is 6 years from date of actual default in 2008. :cool:

GEEGEE8

Will Lowell do anything? CCJ etc? if not, then she would probably rather just leave it I think. It is her only default on file and she is going NZ travelling for a couple of years, later this year, so I think she is more concerned about having to pay them.

I think they have caught up with her as ironically she registered my dads address on the electoral role to improve her credit rating (i told her to get on the electoral role lol - oops), so now the are writing to dads address. Previously she has moved about quite a lot.