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Different company adding the same debt to credit file

I used to bank with Lloyds and this particular issue goes back to the tail end of 2007 to early 2008. My account got changed (I did request this and sign the paperwork as previously my account had a visa electron card which wasn't of much use at the time as it covered me from 16-18 and worked in the cash points around college) and over the Christmas period I had gone away to visit family and didn't know my account could go overdrawn as previously it never had been able to.

After some arguments the amount escalated quite quickly through various charges, anyway, after a while of disputing (various e-mails back and forth) it seemed largely put to rest. Lloyds never got back in touch, didn't try to collect any more, no letters, calls or anything for about 3 years. Earlier this year (July) in fact the account had been put on my credit file as 'settled' I knew I hadn't paid it but had assumed perhaps Lloyds had just written it off.

Anyway, I today noticed recently (30th October) Lowells Portfolio Ltd added a new entry on my credit file of the exact same amount for a current account with them, instead of as it was previously listed as being with Lloyds.

Are they allowed to do this? Is there a time limit on how long they have? I have begun getting letters from Lowells and it all seems a bit unusual to me. I had letters from them years ago when Lloyds first went down this route when I refused to pay, but the debt was always with Lloyds not with Lowells and as I said, after the e-mails that all stopped.

I haven't as of yet replied to Lowells because as far as I was concerned, there was no need to and I know the reputation of companies like this.

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    https://forums.moneysavingexpert.com/discussion/3172602
    The ‘sale’ or assignment of debts on defaulted accounts

    52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

    53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

    54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • MSant
    MSant Posts: 6 Forumite
    Many thanks for that, so long as I understand what the situation is at least I can take it from there.
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