Help needed with an erroneous Lowell/o2 default – please ;-)

IainMacca_2

I’m hoping someone can help with my very last default notice that I am desperate to try and get rid of.

An old failed business left me with some debt. Long story short, I have a default notice for around £1500.00 on my personal credit file and I argue this should not have been recorded against me personally because it was a business contract (limited company etc.)

Lowell have even (accidentally I imagine) confirmed in writing that the bank account that the direct debits came from was indeed the limited company account and not my personal account.

I have written to them 10 times over the course of the last 7 or 8 months – I have requested that they provide proper documentation to support their claim. The have been unable to produce any documentation whatsoever at any point.

I also sent them a suggested template from this forum (as I never received a default notice in the first place) – their answer is; ‘mobiles are not subject to the same credit protection legislation so they wont budge’ etc. etc.

We seem to be in a stalemate situation whereby they can’t prove anything but still wont remove the default notice.

TBH this is not about the money, I just want the default removed as it still has 18-months to stay on my file.

Any suggestions?

Thanks very much
Macca

P.s. I have asked them to refer the matter to the ombudsman – and I have even asked them to initiate legal proceedings (just to sort this out). But they have just ignored this.

peainapod

Try writing a letter to them telling them you'll start legal proceedings against them ? They have damaged your credit rating for a debt they can't prove is yours ... maybe that will at least get their attention and then you can sort this out.
I have to tell you though if this does get their attention and they tell you that they'll remove the default if you pay (which you seem willing to do) don't believe a word of it !!!!!
This happened with me, I had a default against an old overdraft from my irresponsible student days and I was told if I paid it off in one go they would remove the default, I thought this was perfect and was all ready to pay it and was told by national debtline to not pay a penny until I get it in writing from them that they will remove the default. I told them that I wanted it in writing and they said we can't do that, I said fine, I don't need anything formal just send me a simple email saying if I pay you'll remove the default and put your name on the bottom (would take 2 mins) and I'll pay you right now in full and they said no we can't do that I told them to *%!$ off ! Now I'm just waiting for my default to leave my file. I've been told (not sure if this is 100% correct but wouldn't surprise me) that if you pay off the debt they wont remove it anyways, it has to stay on your file for a certain amount of time so that future lenders can see that recently you were not responsible with money if you know what I mean.
Hope this helps a bit Good luck with it, hope you sort it out soon.

IainMacca_2

peainapod wrote: »

Try writing a letter to them telling them you'll start legal proceedings against them ? They have damaged your credit rating for a debt they can't prove is yours ... maybe that will at least get their attention and then you can sort this out.
I have to tell you though if this does get their attention and they tell you that they'll remove the default if you pay (which you seem willing to do) don't believe a word of it !!!!!
This happened with me, I had a default against an old overdraft from my irresponsible student days and I was told if I paid it off in one go they would remove the default, I thought this was perfect and was all ready to pay it and was told by national debtline to not pay a penny until I get it in writing from them that they will remove the default. I told them that I wanted it in writing and they said we can't do that, I said fine, I don't need anything formal just send me a simple email saying if I pay you'll remove the default and put your name on the bottom (would take 2 mins) and I'll pay you right now in full and they said no we can't do that I told them to *%!$ off ! Now I'm just waiting for my default to leave my file. I've been told (not sure if this is 100% correct but wouldn't surprise me) that if you pay off the debt they wont remove it anyways, it has to stay on your file for a certain amount of time so that future lenders can see that recently you were not responsible with money if you know what I mean.
Hope this helps a bit Good luck with it, hope you sort it out soon.

Thanks, good call re getting it in writing, that's also happened to me so I'm wise to that.

But you have made me realise that I'm not even sure I can actually pay this anyway - because this was from a liquidated limited company - if I did pay them it would be seen as favouring an individual creditor, which I don't think is allowed - anyway I'm not going to open that can of worms.

IainMacca_2

Just wanted to bump this to see if anyone has any thoughts.

Thanks

Tweedy

Hi, new to the site and can't find the 'new thread' tab anywhere, and this one seems a little like my problem.

I received a bill from lowell around 6 months ago stating that i owed money to the 3 mobile company, to which i've never been a customer. It states that i owe £230 for a bill that i KNOW is not mine. I've read all the threads on the statute of limitations on debts and i found it helpful as i believe this debt has come from an ex that i left nearly 6 years ago now. I also had a bill from avon so i contacted the police as i felt that my personal information was being used to obtain items and then leaving me in debt.

The police got in touch with the avon debt collector who she said was "very unhelpful and rude and avoided answering any questions". The police officer asked them to send me the original paperwork and any files claiming that i owe this money which the company said they would do (this one was not lowell).

Up to now i haven't received any correspondence from them but then i get a letter from lowell saying i owe this money to 3 Am not sure if the statute applies to me as i have no knowledge of any dates or whatever. Could you advise me whether i do the same in this instance and ask for all paperwork to be sent to me for proof that id theft has occurred?

Any help would be appreciated.

Kind Regards