Lowell Financial and Default date

bigcheese_84

Hi all

Sorry if this is the wrong place to post.

I'm having some trouble with the above company and a Default date. It relates to a mobile phone contract I had with Orange which was started back in 2007. As far as I recall, I never made any payments to them (young and stupid) and I inevitably received a Default. I knew I had this Default however assumed that it would fall off sometime next year as the six years would have expired however I have just purchased my credit report via Checkmyfile.com and it is showing that Lowell have purchased the debt of £120 and that the Default was registered on the 15th May 2009. which would have been at least one year after the payments had stopped. There is no payment history registered from Orange on my credit file and the info only starts from April 2011 when Lowell purchased it so I am unable to confirm exactly when the payments stopped.

My question is, is there are time limit that the Default should have been registered from when the payment stopped?

Also, I was considering writing to Lowell and offering to pay the amount in full if they remove the Default at the expiry of six years from when the last payment was received by Orange however I didn't want that to be interpreted as acknowledging the debt and the statute period being extended.

Any advice would be greatly appreciated.

Many thanks

forgotmyname

I thought it was 6 months after the last payment or missed payment.

But it seems that maybe guidelines. And they do not have to default the account.

If its been 6 years since the last payment then its statute barred and you can request they stop harassing you. Have you checked 100% when the last payment was made?

Im sure clever people will along tomorrow to clarify the facts and correct mine.

Asbestross

Hi Bigcheese,

From what I remember OFT guidelines state that it should be within a year of no payment being received, but you will struggle to enforce this as it is not legislation as far as I'm aware.

First thing to do is write to Lowell, sending them a prove it letter (templates can be found on the forums). You really need to push Lowells for a Notice of Assignment as well as copy default notices also. My guess would be that as the default date on your credit file is so late in the process, it was Lowell who applied this. If this is the case, its unlawfully entered on your credit file as only the Original Creditor can issue a default notice.

Hope this helps and good luck

fermi

They should in most circumstances record a default within 6 months of "the breakdown" of your relationship with the creditor.

See: https://forums.moneysavingexpert.com/discussion/3172602

While not set down in law, that is what the Information Consider to be fair under the DPA. So acting significantly outside those guidelines could either be consider "unfair" in any complaint to the ICO or FOS, or if seriously taking the pee then a breach of the data accuracy and retention requirement provisions of the DPA98.

Assuming that the "within 6 months of a breakdown" provision can be said to apply, then usually it a more a question of when that "breakdown" occurred.

Have a read of the guidance and see what you think.

Personally, considering how busy the ICO and FOS are, and thge lead time for any complaint, then if you have no luck with Lowells direct, you may just be better off waiting the extra 6 months?

a7x4369

Asbestross wrote: »

Hi Bigcheese,

From what I remember OFT guidelines state that it should be within a year of no payment being received, but you will struggle to enforce this as it is not legislation as far as I'm aware.

First thing to do is write to Lowell, sending them a prove it letter (templates can be found on the forums). You really need to push Lowells for a Notice of Assignment as well as copy default notices also. My guess would be that as the default date on your credit file is so late in the process, it was Lowell who applied this. If this is the case, its unlawfully entered on your credit file as only the Original Creditor can issue a default notice.

Hope this helps and good luck

Im having the same problem with lowell atm! Have sent them a prove it letter they have replied sayin they dont have to prove anything aswell as the notice of asignment! This alleged debt has nothing to do with me yet they have put a default on my credit file..the phone was apparently with o2 they never defaulted me but lowell have..is that even legal?

fermi

a7x4369 wrote: »

Im having the same problem with lowell atm! Have sent them a prove it letter they have replied sayin they dont have to prove anything aswell as the notice of asignment! This alleged debt has nothing to do with me yet they have put a default on my credit file..the phone was apparently with o2 they never defaulted me but lowell have..is that even legal?

Absolute rubbish from Lowell.

They (a) have to prove you owe a debt and defaulted and (b) it is not legal to default the wrong person.

Complain again and say that you will complain to the ICO and OFT and take further action to have the default removed if they do not.

Also see this link:

Wrongful Defaults on Credit Reports - BBC WatchDog - Important

Contact Watchdog. They have a big file on Lowells.

a7x4369

They have said o2 sent me the notice of asignment (which they never!) and they did not have to send me a copy and that it is a service agreement not a contract so they dont have to send me any proof! All they need to send me are statements? How can they persue me for a debt which is not mine and something i have never signed?

fermi

They chase people for debts they don't owe because they are a bunch of incompetent fools who don't care.

They do have to provide proof. By not doing so they are breaking OFT guidelines.

See: UPDATED OFT Guidance on Debt Collection - READ IF YOU ARE BEING HASSLED UNFAIRLY

Keep complaining.

Dispute the default via the CRAs and the ICO.

Contact O2 as well to see what they passed to Lowells and if need be dispute that.

Contact Watchdog.

etc etc....

Asbestross

Agree completely with Fermi.

Lowell group pray on those who they believe how no knowledge of the law. They are required, when challenged to provide proof that you are liable for the debt they claim to be outstanding.

I would also send Lowells a letter advising that you consider the account in dispute with them and will not enter into any further correspondence, until such a time that they can provide you with clear unequivocal proof that you are liable for the debt in question. Ignore any responses you have back from them unless they actually send the clear proof.

Also in reference to them refusing to provide a Notice of Assignment. It is the sole responsibility of Lowell to provide this, not the other way round.

I'm going through this with them in relation to an alleged shop direct account which I have never opened. Wont go into details, but a letter before action was sent yesterday, complaint to the OFT and ICO submitted and am waiting on Lowell to take make their next move. I am some two months into the dispute, and if they fail to acknowledge my letter before action and agree to it. To court we go...

fermi

Interesting. Good luck, and if you are able let us know how that goes.

Asbestross

I most certainly will,

Can guarantee that this will never get to court though. What with the alleged first CCA they've provided being dated 6 months before I moved into the property (proven by my tenancy agreement), second "Correct" CCA provided dated four months after the default date on my file, refusal to provide Default Notices / Statement of Account / Notice of Assignment. And refusal to now enter into any form of correspondence with me...

I'll create a separate thread on this soon