Wrongful default 30 October 2018 at 4:45PM edited 30 November -1 at 1:00AM in Credit File & Ratings 4 replies 481 views

Scubz

Hi there,

I am currently in the process of looking to secure a mortgage. Before applying, I checked my credit file and there was a default on there for a Shop Direct account which has been passed to Lowell Debt Recovery.

This default was added on to my file in August 2018. I moved house on 1st February 2018, called Shop Direct to update my details and thought everything was okay. Once I saw the default, I called them and they still had my old address on file. Apparently they had sent numerous letters to me (my old address) and because it has been in arrears it was passed to Lowell to chase up.

I called Lowell immediately and cleared the outstanding balance, but they are not willing to remove the default from my file. I feel pretty hard done by as I didn't receive any correspondence from Shop Direct and they failed to update my living address.

What steps can I take to get this removed?

Any help would be great!

spadoosh

Ill start from the off by saying this isnt going to be easy, if at all possible.

Can you prove that you changed your address with shop direct?

When you say you thought everything was okay, what do you mean? That the account was settled, that the change of address had taken place? From that why didnt the payments get made that youve agreed to pay to lowell and thus accepting liability for those debts?


Lowells and shop direct do ahve processes to follow in order to have a legal defulat, for all intents and purposes though theyve carried out those processes. The process which has failed is on your part, that being being aware of the account and any payments due. Basically they can only follow the correct processes if you enable them to do so.

Ive got a default removed, it was long and drawn out and was a result of fraud. One of the easiest ways of getting a default removed. Like i said, this wont be easy, a few emails/phone calls isnt going to get rid of it. You need to prove that shop direct / lowells have acted incorrectly. As it is, i dont think they have. You shouldve known you owed them money.

[Deleted User]

You need to prove you contacted Shop Direct and changed your address.

Was it done by phone or email or letter etc?

System

You were in arrears regardless of them contacting you or not. You knew you owed the money and made no effort to repay so you were going to get a default regardless of the fact it was sold on to Lowells or they tried to contact you by mail at your old address. So how is it wrongful when you made no arrangement to repay it?

normanna

Why should the default be removed? - you did default and you knew you hadn't paid the debt. This is accurate so should not be removed. You only paid the debt when it was stopping you from getting a mortgage.