Lowell portfolio again

sharkbait556

Hi all

After receiving 3 letters from Lowell regarding 3 different debts 2 of which were back in 1996. I sent Lowell two letters, One asking for proof of debt and to stating that this debt is is effectivley statute barred. I received a letter stating that they had received my letter asking for this information and would be in touch.

After 6 weeks have heard nothing but they did provide proof of a o2 debt i had in 2006 by the way of statements from o2.

I have agreed to pay this debt as it has been proved and have paid the first instalment of £30 (the debt is for £129)

My concern is that after reviewing my credit file Lowell have placed a default on my file stating that this debt was defaulted in 2010.
My questions are
Can they place a default after 4 years?

I thought that a default was only allowed to be placed on your file so long after the original debt had defaulted.
I have contacted experian and they have said it is not up to them to remove or change to default

This default was not on my file when I applied for a mortgage in 2008 and I am worried that this will affect my chances of getting a mortgage to move next year

Thanks

happy_bunny_2

the Information commissioner sets out time lines for applying defaults to accounts. e.g. for a loan it should be 3 payments in arrears and the default should be applied within 6 months (from memory).

Take a look at this:
http://www.ico.gov.uk/upload/documen...3%20%20doc.pdf

Not sure how this applies to mobile contracts, but in the first instance I would find out who the legal owner of the debt is (did lowell buy from O2 rather than acting on behalf of) then send them a formal complaint, in writing, signed for, telling them you want the default date corrected.

Personally, I would not pay them anything else until they comply, as this might be the only way they will listen.

nottoolate

recording a default after 4 years is just wrong

dispute it with lowells as they are recording factually incorrect and harmful information. so they are in breach of the data protection act.

experian dont have to remove it or change it but they do have to register a dispute against if you ask and pass that dispute on to lowells.

Experian_company_representative

That's right. Contact us in writing (email or post) disputing the default date and we'll raise a query with Lowell for you and will mark the entry on your credit report as 'unreliable' while we investigate.

James Jones