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Lowell and credit file entry?

Hi everyone.

I am now over the 6 year threshold since going BR, but I have a problem with just one of the many companies included in my BR.

As I said, it is now over 6 years since I walked out of the court with my Application stamped, and the BR done. But good old Lowell, will not accept that the 6 years runs from the date of my BR for the purposes of entries in CRA files, and they say I am going to have to wait until 6 years from my discharge date, so have put 2009 as my default date in the CRA files.

I explained to them they are wrong, but they won't have it, so I am going to have to take the case further.

Question is, what is the best avenue to take to allow me some form of fiancial pay back for them (i.e. what will cost them the most money as a firm) for making me have to continue with a complaint that they are just so wrong not to put right.:mad:

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Refer them to the requirement on them here.

    http://ico.org.uk/for_the_public/topic_specific_guides/bankruptcy
    Sometimes a lender will not know the exact date you were made bankrupt. This may mean that when the lender registers a default with the credit reference agencies, the date on the default is later than the date on your bankruptcy order.
    If a particular debt is included in the bankruptcy, you can write to the lender to ask them to change the date of the default to the date on your bankruptcy order. Remember to send the lender a copy of your bankruptcy order or other documentation which confirms the date you were declared bankrupt.
    If the lender refuses to change the date of the default then you may wish to report your concerns to the ICO. You will need to send us:
    • a copy of the bankruptcy order of document that confirms the date you were made bankrupt; and
    • a copy of the lender’s letter which says it won’t change the date of the default.

    and

    http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf
    The default date must be consistent with that of the CCJ/bankruptcy or IVA; therefore a
    default should be filed as being no later than the date of the insolvency order. In
    circumstances where the lender is not immediately aware, the default can be filed at that
    point in time. If evidence of the insolvency date is provided, the default date recorded at the
    CRA will be aligned.
    Tell them that if they do not comply you will be taking them to both the FOS and ICO.

    Contact the FOS NOW, http://www.financial-ombudsman.org.uk/consumer/complaints.htm , and ask them to write to Lowells on your behalf. They will usually agree to do that.
    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
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Take the complaint all the way to an adjudicator with the FOS and it will cost Lowell £550 at least. Plus you may get some compensation.
    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
  • finito
    finito Posts: 93 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Cheers Fermi.

    I spoke to the FOS on the phone yesterday to get things moving. They took down all the details and are sending out some forms for me to sign to begin the process.

    It all seems so avoidable if only Lowell knew their stuff. But hey, they wanna play, so lets play:rotfl:
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