Default from Lowell showing on credit report

fay123

hi all,

hoping for a bit of advice.

I have just checked my credit file, and have found a default for £113 from Lowell on my account, with a start start date showing as feb 2008 and a default date of feb 2016, at first I couldn't place what this could be, it has been quite a few years. Iv been racking my brains about this and recall sending a prove it letter to Lowell quiet some years ago. They responded with an aggressive letter back saying it was something to do with a House of Fraser credit card that i had closed some time before and that the debt still stood and they would not remove it off my credit file. I obviously didn't think much of it at at the time and well here we are several years later and its still on my credit file! 🤨

In relation to the debt as I had already closed down this credit card, I am pretty sure there was no balance on the account. So do not believe this to be a genuine debt that I owe, if I thought it was something I had neglected to pay I would just pay and be done with it. As I dont think its real, its now the principle of the matter and the whole how dare you try and extort money out of me, thats my nieces job! 

Anyhoo after doing some light reading I see that it states defaults are listed on your credit report for six years and then drop off, so my question is if this is the case should I just  wait it out?

The date of default is listed as 29th feb 2016 so 6 years would take me to 29th feb 2022 which is 6 months or so from now?

Or should I be writing stern letters telling them as they can not prove the debt they can not hold me liable for something that does not exist and therefore have to remove it off my account or something along those lines? Or do I risk rocking the boat and them extending the default time or messing with me some more?

I also reported it to transunion who said they where unable to help me with this matter and that I would have to contact Lowell to get them to amend it if I believed it was incorrect, im pretty sure they would just say no way Jose!


So fellow MSE users, any insight or advise on the matter would be greatly appreciated.


Many thanks 


Fay 

mjm3346

Perhaps balance on the card was cleared but not any interest due on the next statement which would then have continued to grow?

[Deleted User]

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

ItsComingRome

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

I suspect 2008 is the date the account was opened.

[Deleted User]

ItsComingRome said:

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

I suspect 2008 is the date the account was opened.

The ICO guidance is to default after 3-6 missed contractual payments, it could be the first 3-6 or the last 3-6, doesn't matter. If OP defaulted in 2008 i.e. took out an account and stopped paying immediately, it should be defaulted in 2008. If they closed the account in 2016 but missed trailing interest then the 2016 date is right and should last until 2022. It may be statute barred, it may not be, depends when it was last acknowledged and if it was in 6 years or not. It could be they don't have the authority to collect.

OP needs to confirm 100% (maybe via SAR) what dates the debt firm believes the card was open/closed and when they believe the card was defaulted and it could be they should have backdated it.

The reason for my post was that if this default from the card was not reported on the OP credit account previously and just appeared as dated from 2016, it could be the debt firm are trying it on with a fake default date to get it back on there to help their debt chasing and OP has a legitimate argument to remove it.

Fay could have a legitimate argument that the default should not be present if Lowells do not have any authority to enforce the debt e.g. the prove it letter and/or statute barred letter and see what they come back with. If they legitimately hold the debt then Fay needs to be careful they don't go for a CCJ before February

ItsComingRome

Deleted_User said:

ItsComingRome said:

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

I suspect 2008 is the date the account was opened.

The ICO guidance is to default after 3-6 missed contractual payments, it could be the first 3-6 or the last 3-6, doesn't matter. If OP defaulted in 2008 i.e. took out an account and stopped paying immediately, it should be defaulted in 2008. If they closed the account in 2016 but missed trailing interest then the 2016 date is right and should last until 2022. It may be statute barred, it may not be, depends when it was last acknowledged and if it was in 6 years or not. It could be they don't have the authority to collect.

OP needs to confirm 100% (maybe via SAR) what dates the debt firm believes the card was open/closed and when they believe the card was defaulted and it could be they should have backdated it.

The reason for my post was that if this default from the card was not reported on the OP credit account previously and just appeared as dated from 2016, it could be the debt firm are trying it on with a fake default date to get it back on there to help their debt chasing and OP has a legitimate argument to remove it.

Fay could have a legitimate argument that the default should not be present if Lowells do not have any authority to enforce the debt e.g. the prove it letter and/or statute barred letter and see what they come back with. If they legitimately hold the debt then Fay needs to be careful they don't go for a CCJ before February

The start date on a credit account is when it's opened, not when it defaulted.

Theres nothing in the OP's post to indicate when it should have defaulted, it may be pre-2016, but it may well be fine. Until the OP comes back and confirms when it actually went into arrears, it's probably best to not assume anything.

[Deleted User]

ItsComingRome said:

Deleted_User said:

ItsComingRome said:

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

I suspect 2008 is the date the account was opened.

The ICO guidance is to default after 3-6 missed contractual payments, it could be the first 3-6 or the last 3-6, doesn't matter. If OP defaulted in 2008 i.e. took out an account and stopped paying immediately, it should be defaulted in 2008. If they closed the account in 2016 but missed trailing interest then the 2016 date is right and should last until 2022. It may be statute barred, it may not be, depends when it was last acknowledged and if it was in 6 years or not. It could be they don't have the authority to collect.

OP needs to confirm 100% (maybe via SAR) what dates the debt firm believes the card was open/closed and when they believe the card was defaulted and it could be they should have backdated it.

The reason for my post was that if this default from the card was not reported on the OP credit account previously and just appeared as dated from 2016, it could be the debt firm are trying it on with a fake default date to get it back on there to help their debt chasing and OP has a legitimate argument to remove it.

Fay could have a legitimate argument that the default should not be present if Lowells do not have any authority to enforce the debt e.g. the prove it letter and/or statute barred letter and see what they come back with. If they legitimately hold the debt then Fay needs to be careful they don't go for a CCJ before February

The start date on a credit account is when it's opened, not when it defaulted.

Theres nothing in the OP's post to indicate when it should have defaulted, it may be pre-2016, but it may well be fine. Until the OP comes back and confirms when it actually went into arrears, it's probably best to not assume anything.

No assumptions here, just stating facts and giving the OP the information they need to deal with their problem, not just sniping at other posters

ItsComingRome

Deleted_User said:

ItsComingRome said:

Deleted_User said:

ItsComingRome said:

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

I suspect 2008 is the date the account was opened.

The ICO guidance is to default after 3-6 missed contractual payments, it could be the first 3-6 or the last 3-6, doesn't matter. If OP defaulted in 2008 i.e. took out an account and stopped paying immediately, it should be defaulted in 2008. If they closed the account in 2016 but missed trailing interest then the 2016 date is right and should last until 2022. It may be statute barred, it may not be, depends when it was last acknowledged and if it was in 6 years or not. It could be they don't have the authority to collect.

OP needs to confirm 100% (maybe via SAR) what dates the debt firm believes the card was open/closed and when they believe the card was defaulted and it could be they should have backdated it.

The reason for my post was that if this default from the card was not reported on the OP credit account previously and just appeared as dated from 2016, it could be the debt firm are trying it on with a fake default date to get it back on there to help their debt chasing and OP has a legitimate argument to remove it.

Fay could have a legitimate argument that the default should not be present if Lowells do not have any authority to enforce the debt e.g. the prove it letter and/or statute barred letter and see what they come back with. If they legitimately hold the debt then Fay needs to be careful they don't go for a CCJ before February

The start date on a credit account is when it's opened, not when it defaulted.

Theres nothing in the OP's post to indicate when it should have defaulted, it may be pre-2016, but it may well be fine. Until the OP comes back and confirms when it actually went into arrears, it's probably best to not assume anything.

No assumptions here, just stating facts and giving the OP the information they need to deal with their problem, not just sniping at other posters

You ARE making assumptions, that being the start date is the date of the default, when there's nothing to indicate that's the case.

Did you get out of bed on the wrong side this morning?

fay123

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

Hello!

Thank you for taking the time to get back to me, iv been trying to find records and see if I can shed any further light on the matter, sadly I no longer have anything for this account. But as far as I can see 2008 seems to be about the time I took out the card with HOF and 2016 is the year I believe I closed the account down.

So the dates dont really make sense to me as it was an active card which was used from time to time so why would the start date be listed as 2008?

Im so confused!

Thank you so much for your help, much appreciated!

fay123

mjm3346 said:

Perhaps balance on the card was cleared but not any interest due on the next statement which would then have continued to grow?

Thank you for getting back to me, I feel quiet sure that there was no balance on the account prior to closing the account, so dont believe it could be interest.

If it was indeed interest would they not have notified me or would it just be sold on and left to fester into a balance?

fay123

ItsComingRome said:

Deleted_User said:

Guidelines are default after 3-6 missed contractual payments so 2008 or so it should have been defaulted. A default in 2016 (assuming you didn't pay anything 2008-16) is wrong and if you didn't pay anything for 6 years from 2008 on then yes it is statue barred as of around 2014/15 time. Defaulting in 2016 is naughty as is chasing you now and pretending the debt is live. Are you 100% certain it was not acknowledged between 2008 and 2015 in which case you need to complain

I suspect 2008 is the date the account was opened.

I no longer have any paperwork to confirm this but I do think you may be right, it seems about the time I would have opened the account.