Duplicated default from OC to DCA

Simon44

Hello,
I have recently been trying very hard to repair my credit rating and have found the whole situation to be rather confusing so would appreciate some help. I have cleared all outstanding debts however I am now challenging some of the defaults.

I have a record on my credit file of a default from Barclays in March 2010 and then a subsequent default from Lowell for the same account in July 2010.

I have sent SAR's and have received a whole raft of information from Barclays but only minimal information from Lowell.

I have read conflicting information on the procedure to get this resolved and wondered if someone could please clarfiy?

I read that before Lowell (as DCA) can register a default, Barclays (original creditor) must remove theirs as they have sold the debt on. However, I have also read that this needn't be the case.

The Lowell default is bogus because they have no relevant deeds, notices, CCA's or any other information (other than some screen print with Barclays name on).

Could someone please confirm:
Can you have 2 defaults for the same debt?
If not, how do I challenge Barclays?
Then how do I challenge Lowell?

Any and all help would be appreciated.

Thanks.

happy_bunny_2

No you can't have 2. Write to Lowell, complaint, telling them to remove it or you will refer to the FOS.

If Barclays remove theirs, Lowell can add it but the date must not change.

Is the Barclays date correct?

What was it for? E.g. Credit card?

Simon44

Thanks for the reply happy_bunny.
I thought you couldn't have 2 but I've read that although there are 2 showing on my report, the oldest one (i.e. Barclays in this case) is only visible to me as a historical record and isn't visible to other lenders.

I'm not too sure about the date as I don't remember ever receiving a default notice from Barclays but the date between Barclays and Lowell difers by 3 months.

The original account was a current account that is no longer active and is paid up in full.

My plan of action is to dispute the Barclays default with both Barclays and CRA stating that as the debt has been sold, they have a responsibility to update my records and as such remove the default, and I'll dispute the Lowell record as they simply have no documentation regarding a default.

I'm not sure whether one was ever even issued.

happy_bunny_2

Overdrafts are funny.

They don't need to send a default notice as it's not covered by the consumer credit act. It's usually defaulted from the time they formally demand it is repaid and you fail to do so.

Challenge just the Lowell one as it's dated later.

I have seen the 2 defaults with one only being visible to you. Key here though is the different dates, that is not allowed.

Send them a copy of both entries in your complaint. Selling the debt is also an indicator of a default, but if already defaulted, can't just add a new one.

HB

Thrugelmir

Simon44 wrote: »

My plan of action is to dispute the Barclays default with both Barclays and CRA stating that as the debt has been sold,

Financial contracts all include a clause to sell the debt on. As could happen for a variety of reasons not just default. It's the terms you signed up to. Like many people I doubt you read the small print.

rizla_king

Simon44 wrote: »

Thanks for the reply happy_bunny.
I thought you couldn't have 2 but I've read that although there are 2 showing on my report, the oldest one (i.e. Barclays in this case) is only visible to me as a historical record and isn't visible to other lenders.

Thats only the case if the original one is marked as debt assigned.