Default added in retrospect

fermi

It's possible that the original creditor did add a default then, but as you had moved it wasn't linked to your current report until now. Meaning it existed but didn't show.

Quite often happens that when a company like Lowells buy a debt, they have the original default (legally they can) tranfered into their name, and do a trace to find your current address. That trace and updating of the default with your new address can make an old default suddenly pop up on a report that you thought was clean.

Ashley1970

So, I'm wasting my time paying experian every month then if it isn't accurate?

The whole point of sites like credit expert is to know where one stands?

And then there's no valid argument when something is awry?

Oh well looks like im stuffed then, I thank you wholeheartedly for your advice guys though, thank you.

matttye

It seems like you're blaming Experian (I could be wrong), but there's really nothing they can do if you move and don't update your creditors with your new address.

So long as the default reflects the true history of the account there's no way of getting it removed.

baldelectrician

They have your new address so they must give you notice of default which should allow you enough time to respond.
In other words - as the default was not there when they found your new address they must give you the chance to pay and issue a default notice prior to placing a default on your file

Debt collection agencies are NOT Dr Who - they don't have time machines

This text is from the information commissioner website.


Notices to comply with Sections 13.7 of the Banking Code5 and 7.5 of the Lending Code6 should provide adequate warning. A notice of intention to file a default can be sent with a formal default notice served under Section 87 of the Consumer Credit Act 1974. Where lenders are not required to issue these notices, they can send an intention to file a default through a final demand, letter or relevant account statement, which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

fermi

If Lowell have just had a default record that already existed changed into their name, and the result of their trace/updating has only just made the original link to the current report, then the above does not apply. Provisions of the banking or lending code also do not apply to non-subscribers.

In cases where T&Cs of the debt/account warned that information could be reported to the CRAs, or the customer was otherwise warned, the ICO only "recommend" that a notice is sent. It is not a requirement. Again, even that would not apply to Lowell if they are simply updating a previous record that for one reason or another had not previously linked in to your report.