Lowell Default Date 29 October 2020 at 5:38PM in Debt-free wannabe 7 replies 350 views

ScottishBarry

I put up a post a few months back regarding an alleged debt owed to Lowell Originally EE from September 2008.
I recieved a letter today that says Lowell will no longer be chasing the debt but is refusing to move the Default date.
What is my best course of action should I leave this now and wait until January 2022 until this is off my credit file or is there someone else I can complain to. 
I have never acknowledged this debt in the letter they sent in May they gave me details of a phone contract that I took out years later. I have asked them to provide any payments or acknowledgements from September 2008 to March 2015 they have ignored this in every letter.
Any help would be fantastic 

LeeUK

Wasn't aware the Samsung Galaxy S5 was available in September 2008!

ScottishBarry

Yeah I know the details in the letter from april was from a contract that was took out in 2014. They have never told me what phone I took in 2008 what was the monthly payments, I have no idea how a phone contract in  2008 would be anywhere near £1200.

sourcrates

Your off the hook, i`d be grateful and leave it at that.

ldhme

The last payment was August 2015, default was issued within 6 months, nothing to be done about that. Just see the default out and be happy it's essentially gone.

ScottishBarry

ldhme said:

The last payment was August 2015, default was issued within 6 months, nothing to be done about that. Just see the default out and be happy it's essentially gone.

So I should just accept that they have offered no proof that any payment was made between 2008 and August 2015.

ldhme

ScottishBarry said:

ldhme said:

The last payment was August 2015, default was issued within 6 months, nothing to be done about that. Just see the default out and be happy it's essentially gone.

So I should just accept that they have offered no proof that any payment was made between 2008 and August 2015.

It says it was part of their findings, my point was that if they have proof that was the last payment (although this should be visible on your credit report if your EE account is still on there) then the default would be correct.
If you want to challenge their findings and have them provide this proof then that is of course something you can do.
Is it worth it though? Considering that you have to get a final decision letter off them stating they won't move the default date. Then you'll have to escalate the complaint to the Ombudsman during CoVid and wait 4 months for it to be assigned to a case handler. Then they BEGIN the investigation, who knows how long that could take, a month maybe, how long has it taken you to get this far. Then IF they side with you, they will be instructed to move the default date within 28 days. Then it can take up to 8 weeks for the CRA's to update this info.
So in reality if it goes your way the default will be removed from your file 6 months early at best. As it stands they've settled the account and said they will not chase you for the debt, so at this point you are the one who is potentially appearing unreasonable (in their eyes) if you were to go ahead with this.
It won't cost you anything other than time though so it's up to you.

sourcrates

Making payments or not to an account has nothing to do with the account actually being recorded as defaulted on your credit file.

The issue of a default is entirely at the discretion of the lender, accounts can go dormant for years without a default been issued.

Guidelines state a default can be registered after between 3/6 missed contractural payments, it does not state they have to default you, but it is concidered good practice to do so.

The complaints process can be a long one, as said above, I believe its the ICO who would deal with such matters regarding credit files, you have had a good result thus far, it won`t cost you anything to continue, but it might take a while.