LOWELL... 3 Defaults for One account

fermi

whyso wrote: »

If I request the notice of default from Lowell must they send it to me even if it was O2 that placed it on my credit file?

What is the minimum amount you must pay each month for a debt that's under the control of a collection company? The debts value is £737.

No, as (a) they don't apply and/or are not compulsory for a phone contract and (b) even when given the original creditor gives it, a copy is not required, and it does not affect the validity of the default on your credit file.

Default would have been placed by O2 then changed into Lowell name on the account sale. That is perfectly legitimate and OK I'm afraid. Doesn't require that Lowells issue you a 'notice' warning of a default.

There is no minimum amount to pay.

whyso

What do you suggest I do since you said I shouldn't consider payments at this stage?

What is the best way to proceed?

Thanks.

Buzby

Are you admitting the debt? You don't say. If so, since O2 don't want your money, I certainly wouldn't lose any sleep over makin a repayment - the damage (to you) has been done, and your well on the way having it disappear once the time limit is reached.

whyso

I haven't admitted it to them. I am disputing it. I'm buying more time by disputing until I know the best way to go forward with it.

I thought since it was getting close to the date that the default should be removed that they may apply for a CCJ.

After a few years of them not being able to get a hold of me I contacted them to give them a C/O address. I have also recently applied to be on the electoral register after many years off it. They will soon know where I live.

I thought they could have applied for a CCJ and since it was getting close to it's removal I didn't want to have a mark on the account for another 6 years.

When talking to them I have always denied that it is mine. I would pay a partial settlement if it meant not getting a CCJ.

ALIBOBSY

Given the high cost of taking the matter to court they rarely start with court action these days, but there is always a chance.

I would dispute and ask for sight of their "proof" the debt exists and a full breakdown of what the figure they alledge is owed is made up of.

This will delay them a while whilst they contact the original lender/company. Hopefully long enough for the default to drop off your file.

If they did go to court you could still defend and if worse came to worse as long as you pay it within 28 days the CCJ is removed from your credit file anyway.

My other thought was could this be statute barred? If so they can't take it to court and you can tell them to take a running jump.

Basically a debt becomes statute barred i.e no legal action can be taken on it, once six years have passed from the last payment made on the account OR acknowledgement of the debt by the debtor in WRITING.

If you think this is the case then a letter stating that its SB will shut them up and make them go away.

Ali x

whyso

Thank for that.

I'll call them now.

I just need to know what proof of debt exists would entail.

I've asked for the phone contract they say this is for and they will not provide it as they say phone contracts can be signed up to online and for that reason they don't have to send one to me.

Thanks.

adamkonitz

whyso wrote: »

Thank for that.

I'll call them now.

I just need to know what proof of debt exists would entail.

I've asked for the phone contract they say this is for and they will not provide it as they say phone contracts can be signed up to online and for that reason they don't have to send one to me.

Thanks.

If you must correspond with them, do it in writing only and always send any mail recorded delivery. They can tell you any old guff over the phone.