Lowell Group - What to do?

MrsElbadram

Not sure where to start with this one. After a period of terrible financial decisions (or more aptly completely ignoring financial issues) after the breakdown of my marriage, I am now trying to tackle my financial situation head on and trying to fix my credit record.

I have 3 defaults showing on my account, all to Lowell Group.

One is for a debt of £1900 for JD Williams catalogue in 2008. I opened and account and my ex-husband bought a ton of stuff on my account, and like many of his debts to me, didn’t pay it. I had contacted JD Williams back in 2008/9 to explain and try and arrange a repayment plan, however they were unhelpful and it was passed to various DCA’s who I have ignored for years (not wise I know) and it’s been sat with Lowell for some years. From time to time they send fishing letters to my current address in my previous name, telling me how understanding they are and asking me to pay a reduced rate. I have so far ignored these too. They recorded a default on my credit record in Jan 2012 (not sure why so long later).

The other 2 are for a mobile phone with Orange, where I cancelled my contract but they disputed I was out of the repayment term and charged me a whacking great amount. I went back and forth for a while then gave up and avoided the DCA letters ever since (2009). The last was for a credit card with Capital One, which I defaulted on – all my own stupid fault.

I know I can’t ignore them forever as I really want these defaults off my accounts and to be in a position to apply for a mortgage in 3/4 years.

Please can you give me some advice on how best to approach Lowell. I’m aware I’ll have to pay the money back, but do you think there is a way to come to a settlement with them where they’d remove the defaults if I can arrange to pay? Or is there any way to question if the defaults have been added correctly?

Thanks in advance!

sourcrates

When did you last pay any of these accounts, or acknowledge them in writing ?
Has there been a period of 6 years or more ?

Marktheshark

Lowells buy statute barred debt accounts, so check some dates.

MrsElbadram

It could be over 6 years for the JD Williams one as the account was taken out 8 years ago and I haven't had any contact for many years, I'm not certain exactly though. Guessing I'd have to ask them to find out?

The other 2 could be close to six years but not quite.

If they're statute barred the defaults will still stay on my credit file though won't they? The most important thing to me is getting them off my record in the next few years.

sourcrates

Don't be asking them anything, that could be construed as acknowledgement, defaults only stay on your file 6 years, then they will vanish, paid or not !!!


If Lowell persist, I`d answer the next letter with a statute barred notice, get them put to bed once and for all.

MrsElbadram

OK so if a default gets to the 6 year point on your credit file, does it come off the file completely paid or unpaid? So if it is statute barred and I don't pay the amount it will come off when the default has expired and future mortgage companies won't be able to see it?

Also is it possible to make them move the default date, as they didn't register the default until 4 years after the account defaulted!

Thanks for your help

sourcrates

MrsElbadram wrote: »

OK so if a default gets to the 6 year point on your credit file, does it come off the file completely paid or unpaid? So if it is statute barred and I don't pay the amount it will come off when the default has expired and future mortgage companies won't be able to see it?

Also is it possible to make them move the default date, as they didn't register the default until 4 years after the account defaulted!

Thanks for your help

Yep, after six years it vanishes completely from your file, paid or unpaid, no one can see it once gone.
However, that does not mean the debt vanishes with it.

A creditor can still ask you to pay, or take you to court, you would need to inform them of the accounts, hopefully, statute barred status in writing, if a claim was made against you, statute barred is a full defence, but only if you defend it.

Asking for the default date to be moved, would possibly constitute acknowledgement, so you must be careful what you do, until you are 100% sure the account in question is statute barred.

MrsElbadram

Thank you. As I have no info at all, am I best to send them a CCA letter first or just go straight in with a statute barred letter do you think?

sourcrates

MrsElbadram wrote: »

Thank you. As I have no info at all, am I best to send them a CCA letter first or just go straight in with a statute barred letter do you think?

CCA is a route you could take, I beleive the standard letter is worded so as not to admit any liability, however I would be tempted to keep that in reserve and go with the SB defence first, just my opinion.

MrsElbadram

OK, I'm going to send them the SB letter and will let you know what they say. Thanks for your help.