What next?

misstasty

After sending the template letters to my creditors, (many many thanks to everyone who posted on that thread....what a godsend to have found them!) I have had the first letter confirming that one of my creditors / DCA, Lowell Portfolio cannot obtain the CCA and are therefore closing my account.

My question is: Will they now remove the default? and if so how long should I give them for this to happen?

Thanks so much
:A

fatbelly

This is not my specialist subject.

I know there is an ICO document on Filing defaults with credit reference agencies but I'm not sure the answer to your query is in there.

Did Lowell actually file a default? What about the original creditor? I would think it unfair if successive purchasers of a debt could each enter a default as the debt could then stay on your record indefinitely.

Are you actually saying that the debt is not yours or just that it's unenforceable under S77/78 CCA?

misstasty

Hi Fatbelly
Thank you for your reply.
My case is a grey area, being as I moved around alot with my husbands job, the default was placed by shop direct and then, from what I can gather sold on to a couple of DCA's. We have been abroad for some time so it was not possible to obtain our credit filles until we moved back to the UK.

What had happened was I had an account with littlewoods, paid the balance off before I moved and told them that I no longer wanted any catalogues. However after double checking the date of the default it was placed whist we were out of the country....meaning littlewoods had obviously sent me some correspondence to my old address and someone else had used the account which was still in my name....

I can prove that I wasn't at that address at the time, but I cannot prove that it wasn't me that had used the account. Same as Lowell cannot provide me with the CCA.

Its a stalemate, and consequently Lowell have no said they are closing the account, after further telephone calls today and me getting quite uppety with them and telling them that the default is unenforceable they have now agreed that they will remove the default....I have still to get this in writing, and they said that the default can take up to 7 weeks to be removed. I did contact the OFT and gave my side of the story, it seems that Lowell have decided that its best to cut their losses rather than persue with court action.

I should add here that it was a relatively small amount of just over 300 pounds, so it was not so much the cash, more the fact that I had not used the account and I was furious that they could not provide the proof that the debt was mine, but at first were unwilling to remove the default even though they were closing their file on me. Hopefully the default will be removed and they will be true to their word....time will tell.
I just want my credit file cleaned up, as moving around alot has wrecked it. DCA's are so quick to place defaults and chase for money, yet drag their heals when challenged.

xxxx

fatbelly

OK, that's clearer.

The promise is that the default will be removed within 7 weeks. So check your file after that time. Remember there are three credit reference agencies (though Experian is the main one).

misstasty

Just an update in this post. Lowell sent a letter admitting that they did not have the correct paperwork and therefore could not enforce the debt, They sent notification of this after I filed a complaint with the financial ombudman and sending a section 7 letter saying they were acting unlafwully. They did appologise but simply said they were no way admitting that they were at fault and would remove the default on the forst of June.....they have already removed any trace of themselves and the default on my file so YAY!!!! A small part of me thinks hmmm should I persue them now for compensation, this default has been there since 2007!!!! But on the whole am happy that one is down. 4 to go!!!!