Lowell - advice please

Debtfreestudentnurse

Myself and my husband are in a DMP and have been for 4 years.

Lowell have control of two debts, one of mine, one of my husbands.

The DMP is paid on the same day each month, with payments then received by creditors 10 days later.

Lowell, every month since they bought both debts are recording ‘late payment’ on each.

My husband disputed it via Noddle, and received a letter stating Lowell have not responded and the debt is temporarily hidden from credit files, but Lowell can add it back on at any time.

I spoke to Lowell directly regarding mine and was told it would be sent to the complaints department. That was three weeks ago, and no response so far.

How do I move forward and get these debts recorded properly if the creditor doesn’t respond?

Willing2Learn

If Lowell keep marking your credit file(s) incorrectly, then you should make an official written complaint (via Royal Mail). Then if they either don't respond within eight weeks, or you find yourself at deadlock, then you can escalate to the ICO.

But to be honest is does not really matter as the debt is toxic on your credit files either way. Has the account been defaulted?

Debtfreestudentnurse

No the account hasn’t defaulted.

It doesn’t matter? It matters to me. I’m trying to clear my debts, they’re receiving payment on time but recording late.

[Deleted User]

Get them to default the account from the earliest date. Any subsequent marks will be irrelevant.

Debtfreestudentnurse

Lowell have said they don’t default.

[Deleted User]

Then go to FOS.

fatbelly

The account must have been defaulted by the original lender in order for it to be sold to Lowell. Lowell are a debt buyer, not a debt collection agency.

Lowell are correct that they should not add a new default date. They should be recording the one given to them by the original lender.

If it's a mobile phone debt or something else not consumer credit act, then the contract termination date is used.

Debtfreestudentnurse

Neither account has defaulted.

Willing2Learn

Hi Debtfreestudentnurse,

If your account is marked as an Arrangement to Pay (AP), then it will be marked on your credit file(s) for six years after you settle the debt.

If your account is defaulted, then it will be removed from your credit file(s) six years from the date of default.

As both an AP or default are equally as toxic as each other, then a default is preferable as it is removed from your credit file(s) so much earlier. You can still ask the original creditor to default you, backdated to when you were 3-6 months in arrears of the original agreement.

Debtfreestudentnurse

How do I go about requesting a default?

Willing2Learn

If the original creditor did not default you, then ask the original creditor to comply with the ICO guidance and default the account (backdated to when you were 3-6 months in arrears of the original agreement).