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  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    I believe 02 put the default on first for the OP and when lowell took over the debt it was moved to them

    Happend to me too, the original company puts default on and then moved across when debt company buys the debt
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    sambaird wrote: »
    No.
    It’s not how the system works. You are wrong.
    Only the company that puts a default on a file can remove it.

    In the case of the OP, the default on the file was placed there by Lowell. Therefore Lowell are the company that have to remove it - Even though the debt may have originated from o2.

    In the OPs case, it obviously helped that o2 had confirmed in writing that Lowell should remove the default.

    Clearly you are not reading what you are typing as you are not making any sense. u stated that only the company that puts a default on the file can remove it...

    well 02 put the default on, not lowell. So why did 02 not remove it?

    Stop confusing yourself
  • No xlncc99, you are mistaken. Because when a debt is sold to a debt collector, the new creditor should use the same default date as the original creditor did. The default then becomes the responsibility of the DCA that then owns the account. O2s responsibility ended once they sold the account.
    :)
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    edited 9 January 2020 at 10:57PM
    Not in my case - A debt was bought by cabot but they could not remove the debt. I had to contact the original lender who removed it and they were not on the default name

    https://legalbeagles.info/forums/forum/money-debt/debt-collection-agencies/77720-lowell-tesco-mobile-default-removal

    The original creditor has to remove the default and not the debt company who bought the debt. Not sure how the OP got lowell to remove a default that 02 should have done
  • sambaird
    sambaird Posts: 152 Forumite
    Third Anniversary 100 Posts Name Dropper
    I’m not confused at all - your belligerent attitude says a lot about you.

    Perhaps the OP would be good enough to come back and confirm what the default was labelled as on their report.

    I’m confident that it was Lowell.
  • From Debtcamel:
    To correct a problem with a default on your credit file you should write/email the lender (or the debt collection agency if your debt has been sold by the original lender), putting COMPLAINT as the subject, explaining why you think it is wrong.

    I interpret this to mean that the default becomes the responsibility of whoever owns the account. In your case, it was Cabot. It is likely that Cabot were just being 'difficult' with you.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    no you are both incorrect, how can the debt collector remove a default when they did not put it on there in the first place? They have no authority or power to remove a default. The default was put on there buy the lender for missed payments, nothing to do with the debt collector who just bought the debt. How on earth can the debt collector have the permission to remove a default they did not put on the first place?

    Makes no sense!
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    sambaird wrote: »
    I’m not confused at all - your belligerent attitude says a lot about you.

    Perhaps the OP would be good enough to come back and confirm what the default was labelled as on their report.

    I’m confident that it was Lowell.

    Of course it was LOWELL! They bought the debt so the default got transferred over to them! 02 were the original lenders who put the debt on.

    you need to tell me if im going to fast for you, ile slow it down
  • Why do you always argue? Why do you always say "Well this was my experience therefor this must be true"? Cabot were just being difficult with you because they knew you did not understand the guidance correctly.

    The default becomes the responsibility of whoever owns the account. For instance, if O2 did not default the account originally, then Lowell could have exercised their right to default the account independently of O2. Lowell would have to use the same ICO guidance that O2 would have used to determine whether to default the account or not. That is what happened in this case.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    :smiley:
  • xlnc99
    xlnc99 Posts: 1,673 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    i agree if Lowell were the original company to put the default on then Yes it is their responsbility. However when someone buys a debt of a lender it is ALWAYS past the stage of a default being issued

    Therefore 02 put on the default
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