Advice on my credit file?

bobbyg86

Right, spoke to lowell and was told the default was in date from the year previous and they hadn't managed to get in touch with me so that was the delay in putting it on my file. Anyway....

I asked for the original letter that was sent out to me to be e-mailed because they said it was sent on 22 november and i paid on the 30th according to my credit file but i'm sure i remember it saying about paying to avoid it going to default.

So surely if i paid and it says that on the letter then the default shouldn't have been placed on my file?

bobbyg86

Okay so spoke to Lowell again and one of them said they have no info on this debt.... might sound like a stupid question but is this good or bad?

neil_999

Bad...it means they don't know what they're doing.

But you could turn this in to a good thing. If they aren't organised, they may have dealt with things incorrectly. Other people on here will have way more knowledge than me on this but I'm pretty sure they HAVE to supply you with a copy of the letter they sent confirming the default was going to be put on your credit file.

Also ask them for a statement of the account to prove it was ever in arrears, again this is something that should be easy for them to provide. If you get no luck, take it further. Lots of debt collection firms bully people and shouldn't be allowed to get away it. Your reason for paying is of course that you felt backed in to a corner and didn't know what else to do, even though it wasn't your debt.

I tried this to get 2 defaults removed, one company took it off another, a bank, sent me two A4 envelopes recorded delivery FULL of proof. Had to try though eh!

bobbyg86

So basically, no proof = no default?

Well they've written a letter to their "helpdesk" part of the company and the guy said basically in this situation they would look at removing the default, so should i take this as a positive or am i being fobbed off?

He said it'd be sorted or take about 50 days? (which sent alarm bells ringing in my head)

bobbyg86

Bump!

Okay, little update guys.....

Spoke to them again and there is evidence but they can't get into the account they say :S

I've asked for the original default letter from them and am still waiting...

No idea where i stand so if someone could clear it up for me that would be great.

Tixy

If the debt is with lowells then you have defaulted on your original agreement.

The issue is likely that they have used the wrong default date. They should have used the same date the original creditor used to default the debt.

When a debt collector marks an entry on your credit file they should replace the account in the creditors name exactly, same details, same default date and amount and the only thing that should change is the name at the top of the account.

They should correct the default date to the original date, which will then mean it falls off your credit file sooner.

bobbyg86

Okay but orange has no evidence of this account under my name when i rang up their collections and terminations department. Even when they looked under old accounts there was nothing under my name.

Wouldn't they have had to keep a record of it going into default or sending me any letters?

Tixy

If you had an account with orange within the last 6 years then they will have a record of it somewhere, though they may not be able to trace it on a phone call.
A subject access request under the data protection act will allow you to obtain all the information they hold on the debt (you need to do the request in writing and they have 40 days to supply the information to you, and they can charge you up tp £10 for the request).

bobbyg86

Thanks for the info Tixy, but what i mean is.....

Say they can not find the account or its in a different name, where do i stand with having the default removed?

Tixy

bobbyg86 wrote: »

Thanks for the info Tixy, but what i mean is.....

Say they can not find the account or its in a different name, where do i stand with having the default removed?

Who Orange? I think there is near no chance of them not finding the details of the account you had with them. They have to keep those records legally.

If the unlikely event they don't find it then lowells might have copies of relevant paperwork etc

If orange cannot find any trace of the account ever having existed and lowell cannot produce any paperwork then you would have a good case for getting the whole entry and the default removed from your file.