Trying to get a default removed...

pt1000

Unfortunately in my young stupidity, I racked up some debt with Shop Direct, and then basically forgot about it... Now, back in early August I checked my credit file and was surprised to see a default placed on there from Lowell Financial.

After calling them etc., I got to the bottom that it was Shop Direct.

The default was placed on my account in December '18. I had actually moved out of the property 3 months previous, and therefore hadn't received a default notice.

I mailed Lowell, requesting a few things:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.
2. You must supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment of the debt being sold on


1. They have just gotten back to me this week stating that they have requested the agreement from Shop Direct and aim to provide it within 12 days.
2. They are refusing to provide for me the Deed of Assignment, saying that they are under no obligation to.
3. 'Please be advised that default notices are usually a one-off document and most original creditors do not keep a copy of them. We have no obligation to provide a copy of these as the notices would have been sent to your correspondence address the original clients held for you at the time of the account entering the default.'


Does anybody have any advice on my next steps? Whilst I acknowledge I have been stupid in not paying the debt, had I received the default notice it would have been paid in full.

Are they correct in regards to the notice and the deed of assignment? And what will happen should they be unable to produce the agreement?

Thank you

[Deleted User]

Did you advise them when you moved and changed your address?

boo_star

They don't need to issue a default notice to mark an account as defaulted with the CRAs.

Willing2Learn

There is no legal obligation for Lowell to provide you with "a signed true and certified copy of the original default notice". I believe they should however provide you with a copy of the notice of assignment. Why don't you submit a SAR to Lowell so that you receive all relevant documentation?

If Lowell are unable to provide you with a true copy of your agreement then the account becomes unenforceable, although still due for payment.

pt1000 wrote: »

... Whilst I acknowledge I have been stupid in not paying the debt, had I received the default notice it would have been paid in full...

So, if the SAR results in you receiving a default notice, does that mean you will be happy to settle the account in full? How much is it?

Why do you think the default should be removed from your credit files? Do you not agree that the terms of your credit agreement has been broken?

sambaird

Next steps:

1. Make sure they have your current address so that any future communication can be received and acted upon.
2. Pay the amount in default or set up a payment plan to do so.
3. Chill out until December 2024 for the default to be removed.

Hunting for technicalities regarding debt reassignment isn’t going to get you anywhere regarding default removal. Perhaps if you pay off the amount in full and then plead/grovel with Lowell to remove the default then you might have a fraction of a chance of success.

sourcrates

There is no penalty for non compliance with a request for a copy of a default notice, it is indeed, a one off document.

And again, a deed of assignment would contain possibly thousands of names of other individuals (debts are sold in bulk) you have no automatic right to see that document, providing it would breech data protection laws.

A notice of assignment, you can request a copy of, and also your credit agreement as well, wait and see if Lowell can provide it, or not.

Your account will be on hold until then.

Willing2Learn

Just realised, the OP is using the three letter method for debt avoidance.

@OP - I believe the three letter process is total bunkum. I wouldn't waste your energy on it...

[Deleted User]

I wouldn't be surprised if we don't hear back from OP, and that OP is really someone else that has been posting on here trying to achieve the same thing....