Lowell placed default on me after payment made

debbaz

I received several threatening letters from Lowell about an old Vodafone account. I had given them notice but it was so long ago no longer have copies of anything, then they sold a "debt" of £160 to Lowell. I requested proof of debt, but they couldn't provide but kept threatening to place default on me. I gave in and paid because I thought for such small amount it wasn't worth the fight. But they have defaulted me anyway and now won't reply to any letters I send. How can I get this default removed?

fermi

Well, as you paid it you might struggle to argue that it was never owed?

When was the supposed debt from Vodafone from?

How does the date of the default registered by Lowells compare? (The listed "default date")

butch6

I am in a very similar situation as the OP. I had Lowell chase me for a debt over a canceled phone contract for the value of £70. As they were threatening court action and the debt they were chasing me for was approximately 2 prior to I just paid it.

They then stuck a default on my credit file for the value of £70.

What can I do about getting this removed and will it seriously affect my ability to get a mortgage in 18 months? I think the default date is 2008.

Tixy

Hi butch
What is the date of the default entry on your credit file?
Had your phone company previously registered a default that no longer shows?

Do you have a copy of the default notice (sent by either the phone company or lowell?) What is the date on the default notice?

GeorgeUK

Before putting a default on your credit file, they are required to give you a default notice which gives you 28 days to rectify whatever breach has been made. If they did not provide a default notice, inform them in writing that you require them to remove the default and if they do not, report them to the OFT and ICO

butch6

My credit file shows

LOWELL PORTFOLIO I... Communications Default Satisfied 20/12/2009

I canceled my contract which was with three in October 2006 and literally a week after I took the phone out with them. The date according to my credit file shows that I defaulted on 10/01/2008.

As this date is such a long time before I paid Lowell can I assume that three placed the default on my file?

I have not had a default notice from either the phone company or Lowell. I also think that as Lowell chased me for the debt in 2009 they probably had an old address which they may have sent the default notice to.

GeorgeUK

If you were to make a subject access request (SAR - cost £10), they should provide you with a copy of all data they hold on you which should include any default notice if it was sent. The default date should not be more than 6 months after the initial breach of contract. If it is then they are in breach of the Data Protection Act and you could report them to the ICO.

Your credit file should state who placed the default on your file - if you are unsure it would be best to phone the credit reference agency for confirmation. The people that put the default on your file should have issued the default notice.

butch6

Thank you George.

I have sent an email request 3 days ago to the credit reference agency asking them to provide me with information regarding who put the default on my file. Should I just request the SAR from Lowell Portfolio or Three? Also is it better to wait until I have the details back from the credit reference agency or should I do it now?

Thanks

butch6

I have the information from the credit reference agency now.


YOUR QUERY:

- Lowell Portfolio I Ltd (Account started 17/10/06)

SUMMARY:

As requested below are the contact details for the company.

Lowell Portfolio I Ltd
Lowell Financial Ltd
Po Box 172
LEEDS
LS11 9WS

TEL: 0845 3009416

butch6

OK, I have sent off the SAR recorded delivery including a £10 postal order to Lowell Portfolio Ltd today. I have retained a copy of the letter, receipt for the postal order made out to Lowell and the recorded delivery receipt. I am assuming I have 3 options to get the default removed from my credit file.

1) They do not provide me with any information within the 40 days so I can request the default be removed as I have not received a default notice.

2) I receive all information relating to this debt and discover they have never sent me a default notice so I can then ask them to remove it.

3) They have sent a default notice to a previous address and the default date is after the 6 months maximum date allowed after the initial breach of contract so I can ask for the default to be removed.

GeorgeUK

butch6 wrote: »

1) They do not provide me with any information within the 40 days so I can request the default be removed as I have not received a default notice..

Not quite - if you don't receive the information you requested within 40 days, then they are in breach of the Data Protection Act and should be reported to the Information Commissioner's Office (ICO). Just because they have not provided the data does not mean it technically does not exist. I would however comment on the default to the ICO - if it turns out that they did not issue a default notice then they are also in breach of the DPA by processing incorrect data about you and passing this on to a 3rd party (the CRA).

2) I receive all information relating to this debt and discover they have never sent me a default notice so I can then ask them to remove it.

A Default Notice is a legal document and if they did not supply this in the SAR, then it is highly likely that they never sent one. This means they are in breach of the legislation and it should be removed. Some people try to get a default removed while the debt is still outstanding, so a creditor removes the default - then sends a default notice and adds a properly executed default the next month. At least they can't do this to you as there is no debt outstanding.

3) They have sent a default notice to a previous address and the default date is after the 6 months maximum date allowed after the initial breach of contract so I can ask for the default to be removed

You'd need to get input from others on this as i'm not sure exactly what the legislation states is required and what is guidelines. It may be an option though so worth bearing in mind.

Not been on the site for a few days, so apologies for the lack of reply.