Can you contest a default?

ThatCrag

If you wasn't made aware of it?

Firstly,I know I've been so naive but I really didn't think this would happen and I know I should have informed the catalogue of my change of address, like I said I didn't think this would happen, like a fool I trusted her

Basically, my ex was an authorized user on my catalogue account, when we spilt in December I left it with her (so to speak as it was an online account) to pay off what she owed on it

The last payment she made was the on the next month and hasn't paid a penny since and I only found out today.

She contacted the catalogue in January, mere weeks after I'd left to say she could not make the payments and they said they wanted to speak to me, she said I no longer lived there (this was true) they then asked for a contact address, she said she did not have one (this was a lie, she knew exactly where I was)

Any mail that she received since that call with regards to my account, was not passed on to me, she marked them returned to sender

I've now found out, that today my account was passed onto Lowell, which I will pay and settle, I just want rid of it and they have said they will fast track it, so I can pay off asap

I know I should have changed my address and not trusted her, I just feel that it's unfair that my credit history is messed up with something that could have so easily been avoided, I could have covered the monthly payments no problem and she could have easily forwarded my mail to me, she just didn't, I have no idea why

I'm guessing there's nothing I can really do about it, is there?

Tixy

The only option I can think if was to ask for a copy of the default notice and once you get it to check if it legally compliant.

You could do a CCA request plus ask for a default at the same time. Or you could do a subject access request where they should send you anything they have (the advantage of the latter is they won't know it is the default you are particulary interested in, the disadvantage is that it is £10 not £1.
If they suspect that you didn't get the original default they could mock up a new one that is legally compliant.

ThatCrag

So if they could re-issue it due to the circumstances surrounding the original one and I settled it there and then, could I request the bad history of the account to be removed, again due to the circumstances?

I'm sure all the paperwork would be correct, I just didn't know about it, nothing was forwarded onto me by my ex

If I'd had received it I would have sorted it all out no problems and no default

Thanks again Tixy

DarkConvict

They have to issue the default within 6 months of the account going into arrears. Basically when it defaulted. Also a notice has to be sent out. obviously with all mail returned to sender you would never have got it.

Was the account in both of your names, if so you are both liable to pay it all.

It maybe possible to negotiate with them, state you will make payment but the default and all credit history of the account must be removed.

ThatCrag

Thank's DarkConvict


It wasn't a joint account, no but she was authorized to use it, I remember sending off the paperwork for it.

So do I negotiate with Lowell DCA now?? Or do I need to speak to the catalogue?

They were really helpful and I did mention the circumstances surrounding all of this.

DarkConvict

Probably start with the catalogue, unless the debt is sold it will be in there name, and only they can remove it.

If that fails, you could try it on with the debt collector.

Unfortunately some companies will just not budge on this.

Yes, do mention the circumstances. You are aware it was your account and you were liable for it. You made the mistake of handing control to the authorised account holder who decided not to pay and failed to give a forwarding address even through they knew it. As a gesture of goodwill you are asking for th removal of the default and credit history for this account from your file, and in return will offer to settle the account in full.

ThatCrag

Thank's again DarkConvict

The debt has been sold onto Lowell, in fact it was sold today to them and also the same day my ex told me of all this, coincidence, I don't think so

Anyway, they sounded reasonable on the phone and they said they would fast track it so I could pay it off asap, I'm going to give them a ring again and see what they say

Will let you know how I get on

ThatCrag

Spoke to Lowell and they can't discuss with me or help me until they have all my details on the system, which is fair enough

So I rang up Littlewoods again and they can't help either, I mentioned if they could do a "gesture of good will" and they didn't say yes or no, just to get in touch with Lowell and see what they say

So all I can do now is wait, fingers crossed eh

ThatCrag

Update

I've spoken to Lowell again today and they said that I need to speak to Littlewoods with regards to removing the default as they said they could not do that, I thought they could if they had bought the debt???

So I rang up Littlewoods to explain the situation and circumstances surrounding the default and basically they didn't want to know.

The person mentioned that I should not have let someone order on my account, even though all orders were done whilst we were together and she was authorized to use it, I mentioned this and she didn't seem bothered and at the end of the day she said they "could" not remove it, which I disagreed with, twice and then she started to get all defensive, like I was being abusive towards her, I may have been stubborn but not abusive. And then she ended the call

What can I do now, anything and seeing as Lowell now own the debt shouldn't they have the power to remove the default??

Tixy

Only the company that put on the default can remove it. But what often happens when a debt is sold that the creditor debt and default would go from your credit report to be replaced by a DCA debt and default (default on the original default date). If that happened then you could negotiate and they would be able to remove it - if they agreed to. When that doesn't happen (and it doesn't always) I'm not totally sure what can be arranged.

PNPSUKNET

If correctly applied there isnt a reason for removal.