Advice on my credit file?

bobbyg86

Firstly, sorry if this is in the wrong place as i'm new and completely lost.

I am writing because i am trying to improve my credit file and have been reading about people getting defaults removed from their own files. I don't know if there is any chance but would like to know where i stand.

Basically, a while ago i took out a mobile phone contract and paid regularly but then gave it over to a friend. I rang orange and transferred everything over to him as far as i was aware including his name and address. I never heard anything again about that until i received a letter from Lowell stating that the account was in arrears and i would be defaulted on (from what i remember). Being foolish i paid as soon as i received this hoping it would improve my credit file and avoid the default. But i checked my credit file afterwards and the default has been there ever since. It was only today that i looked into it more and noticed that the payment date and credit file update was actually before the default was put on, does this make a difference and where do i stand?

Any input and advice would be welcome.

matttye

Who placed the default on your file, Lowell or the mobile phone company?

Do you still have the letter from Lowell?

Someone can correct me if I'm wrong, but I think an account MUST be in default before it's sold to a debt collection agency, or before a DCA is instructed to reclaim the debt.

If the account is not in default then you still have a valid agreement in place with the original creditor, so for them to sell the debt to a DCA it surely has to be in default, as they would never sell it to a debt collector if you were acting in accordance with the agreement and they were still providing you with a service. That should mean that the default should be dated before the first letter you got from Lowell, as by then the account was already in collection.

neil_999

Hmm...an interesting one. Do you have any document or confirmation that the account was signed over? I was once told by Orange that I wasn't allowed to do that.

Anyways, getting the default removed is actually the simple part of the process. The difficult bit for you will be proving that it isn't your debt. I'm not sure if those with a bit more knowledge would agree, but personally I wouldn't pay anything - that just acknowledges the debt as yours.

Even if you have no proof whatsoever, don't worry too much - call them and kick up a stink. When they tell you there's nothing they can do, complain some more!

I got a default removed by o2 once and the biggest problem I had was that they didn't know how to do it.

Oh and one more thing...ignore all the threats and bullying that the debt collector throws at you, tell them to do one!

bobbyg86

Well i've already paid as i say because i was worried about the impact on my credit file. It was a while ago so i'm not sure where any documentation is but i know for a fact that i never received any from orange about the account being in arrears.

It was Lowell that put the default on my account.

They say because i paid i acknowledged the debt as mine which i will admit i was stupid to do but it seemed like the right idea.

The bit that confuses me is my credit file...... How come the payment date is before the date that the default was put on there? Surely if i've paid then there should be no default seeing as Lowell isn't the original creditor?

iAMaLONDONER

bobbyg86 wrote: »

Well i've already paid as i say because i was worried about the impact on my credit file. It was a while ago so i'm not sure where any documentation is but i know for a fact that i never received any from orange about the account being in arrears.

It was Lowell that put the default on my account.

They say because i paid i acknowledged the debt as mine which i will admit i was stupid to do but it seemed like the right idea.

The bit that confuses me is my credit file...... How come the payment date is before the date that the default was put on there? Surely if i've paid then there should be no default seeing as Lowell isn't the original creditor?

i say get your friend to reimburse you that cost ( if he/she has the phone and/or sim)

then complain to the mobile network

bobbyg86

I'm genuinely not bothered about the money, it is only the default on my file that bothers me as it's affecting my chances of a mortgage.

But surely my problem lies with Lowell if they are the ones who put the default on my file?

iAMaLONDONER

bobbyg86 wrote: »

I'm genuinely not bothered about the money, it is only the default on my file that bothers me as it's affecting my chances of a mortgage.

But surely my problem lies with Lowell if they are the ones who put the default on my file?

But who did you pay the money too? Your mobile network?

If you did then it's their fault for not registering it correctly

matttye

Do you have the letter that Lowell sent? The content of that letter could be quite important.

Tixy

If you don't have the letter from lowell I would still write to them, state that you notice they have incorrectly entered a default on your file marked xdate but point out to them that you paid the account in full to them on ydate and therefore that they should remove the default from your file.

bobbyg86

I paid the money to Lowell at the first moment i noticed the possible default.

I did speak to Lowell but before noticing the date and they said it would not be removed because i acknowledged the debt as mine.

Would bringing up the date give me a better chance of having it removed?

matttye

bobbyg86 wrote: »

I paid the money to Lowell at the first moment i noticed the possible default.

I did speak to Lowell but before noticing the date and they said it would not be removed because i acknowledged the debt as mine.

Would bringing up the date give me a better chance of having it removed?

I think so - I don't see how they could justify defaulting you AFTER the debt is paid in full. You can't be in default when there's no debt left.