Default added in retrospect

Ashley1970

Hi there, I conveniently forgot about a debt and then a couple of years later a stinky letter arrived on the doorstep for a couple of grand. I paid it off there and then however two weeks later the default was added to the credit report. I wouldn't have paid the debt if I knew they were going to do this.

It's a company called Lowell portfolio btw.

Is this legal and can I fight it? I complained to experian and they contacted Lowell who has refused to remove it...

If this is illegal or I can get it removed how do I go about it? This is preventing me getting a mortgage.


Thanks in advance

matttye

They can add a default but it should be 6 months or so after your last payment, not 2 years. ICO guidance on defaults says this.

Complain to Lowell, then failing that ICO and FOS.

Ashley1970

Cheers do you mean the last payment before I stopped paying, or do you mean the ACTUAL payment I made after they managed to locate me??

matttye

Last payment before you stopped paying.

6 missed payments = default usually.

Ashley1970

The default date was 080910 and I didn't hear of the debt and had even in fact forgotten about it until they contacted me in February 2013. They then added the default to the account on 050513.

Yes I HAD defaulted but can they add this to the report AFTER it is settled in cash?

Is this removable then ?

Tixy

As long as the default date on your credit report is correct/reasonable then yes the entry can be added at a later date. I.e the default date in 2010 not 2013.

It may be that it wasn't appearing before because the address hadn't been linked to your new address or perhaps previously it was only showing on one of the other agency files?

matttye

Ashley1970 wrote: »

The default date was 080910 and I didn't hear of the debt and had even in fact forgotten about it until they contacted me in February 2013. They then added the default to the account on 050513.

Yes I HAD defaulted but can they add this to the report AFTER it is settled in cash?

Is this removable then ?

It doesn't matter when they actually added it so long as the displayed 'default date' is reasonable, like Tixy said.

I would expect you to have stopped paying in or around February or March 2010 for that default to be reasonable. If you stopped paying in, say, 2008 or 2009 then it will still be unreasonable.

Ashley1970

Sorry, I'm not querying the date of the default, just whether it legal for them to add it to the experian report three years from the date of default OR after I had paid it in full OR both.

Like I said although the default date is 2010, there are no records of this debt or default whatsoever on the report before may 2013.......even though I paid it three months before they added it!!

Ashley1970

I've just mailed a solicitor btw not certain if he can help with this.....

fermi

Had you moved between the time you 'forgot' about the debt and when Lowells contacted you?

If you did default and the date is correct, and Lowells by assignment have the right to have it recorded in their name, then you will struggle to argue agaisnt.

Ashley1970

Yes I had moved. Seems a little unfair. Especially given I paid in full the first time I heard about it.