Lowell Portfolio adding a second default!

b1gdeano

Hi,

I am after some advice

I defaulted on a current account overdraft with barclays in 2010, after disagreeing with them over charges etc, and got a default added to my credit file back then, which was understandable and accepted.

Now it seems they have sold the debt two years later to Lowell Portfolio, who have recently started to send me letters. Now this is nothing I cant deal with, but when I have checked my file again recently, have noticed that Lowell have added a new default, for exactly the same amount as the barclays one! The dates of default are slightly out by 3 months I think without checking, but both state defaulted in 2010.

How have they been allowed to do this, as I was under the impression that a credit account can only have one default against it, which this one has, but they have gone and added a new one for the debt they purchased under their own name, when I never had any dealing with them!

I emailed the credit reference agency who requested lowell allow them to remove it, but lowell came back with the info was correct and they have only reported it once! True they have but this default already existed for this debt!

So now it looks like I have two defaults on my account when it should just be this one!

I plan to ring and explain this with experian, but was after some facts here before I do

Thank You

nottoolate

they can only record one default for one debt.

read pargraphs 52 + in this http://www.ico.gov.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

if lowlifes record a default then the one from the bank must be removed first. and they are not allowed to change the date.

b1gdeano

nottoolate wrote: »

they can only record one default for one debt.

read pargraphs 52 + in this http://www.ico.gov.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

if lowlifes record a default then the one from the bank must be removed first. and they are not allowed to change the date.

Thanks for this, will use it when I call experian to get them to help me sort this mess out!

Experian_company_representative

nottoolate is absolutely correct. The original default should be removed if the debt is sold to a new data-sharing organisation. If you raise this with us we will look into it for you.

James Jones

b1gdeano

Experian_company_representative wrote: »

nottoolate is absolutely correct. The original default should be removed if the debt is sold to a new data-sharing organisation. If you raise this with us we will look into it for you.

James Jones

Just to update on this

I have contacted experian, who have said that both the defaults will stay on the credit file. Here is a copy of the email

"Thank you for contacting us on 08 May 2012.

Your query

- Barclays and Lowell Portfolio defaults being the same debt

The entry recorded by Barclays shows the name of the company that the debt was originally owed to. The second entry recorded by Lowell Portfolio shows that the debt has now been sold to another company to collect.

Although the debt is now being recorded twice, only the entry recorded by the debt collection agency will have an effect on your credit rating.

Both entries will be retained on your credit report for six years from the default date.

Kind regards

Emily AR Wildman"

Is this true?

I thought the previous one had to be removed?

nottoolate

b1gdeano wrote: »

Is this true?

nope. experian are talking tosh

camuk81

reply and tell that james Jones said its wrong.

PS make sure they keep the original default date you don't want this jumping forward say two years

b1gdeano

i just seem to be having no luck with experian at the moment, getting them to understand what I mean

I keep including excerpt from the ICO guidelines on this matter that was posted further up this thread, but they seem to ignore them. It took THREE attempts at contacting them to even get that response, as all they kept doing was repeating the original response about lowell saying the data they have is correct, and seemingly not even reading properly any further emails, but sending me the same response over and over.

I have replied anyhow again, asking them to resolve it, based on the ICO guidlines. Lets see if they come back with anything different.

If James Jones is here reading this, please can you post to clarify experians position on this?

Thanks

gizmo111

have you contacted Lowell Portfolio regarding this?

billinghamfan

I maybe reading this wrong but surely Lowell are right to put the default on and it should be Barclays removing their default?

b1gdeano

gizmo111 wrote: »

have you contacted Lowell Portfolio regarding this?

Through Experian yes, they contacted them to ask them to confirm/remove default based on it existing already. They replied with their details are correct.

I have no intention in dealing with them directly

As it stands it lies with barclays to remove the old default, as they have sold it to lowell, so lowells info is correct, even though they should have amended the existing one opposed to raise a new default, especially as I never breached an agreement with them, they just bought it!