Default from Lowell showing on credit report

fay123

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

Hello!

thank you for getting back to me. So I no longer have any paperwork pertaining to this so piecing things together, I think 2008 is about the time the account was opened with HOF and 2016 about the time I closed the account. In relation to trailing interest would they have notified me of this or just passed it on? I do not recall any notification of this so want to say there wasnt any. How would I know if it is statute barred or not, when I look at my credit report it shows the details as follows;

status: currently open 
account type: credit card
status: default
last updated: 5 august 2021
start date: 28 feb 2008
date of default 29th feb 2016

I do recall sending a prove it letter to Lowell which would probably have been sometime in 2016 but cant be sure of exactly when this was. From memory they responded saying the debt still stood and that they would not amend my credit file. I have since had zero correspondence from them and I haven't poked the bear either.

Ok so I should right to them referring to SAR?

The problem is I never really bothered to check my credit file so have no idea what was and was'nt recorded on there. I know, *hangs head in shame* but in my defence I am checking it now and we can always apply the saying better late than never here! 🙈


Well since I have already sent them a prove it letter and they couldn't, I would think they are unable to do so which would make me think that they could not enforce it? Would they wait 6 years to issue a CCJ, would they not just do it f they where going to? 

What letter should i be writing to them, SAR, prove it or statute barred? 

thanks again 

Fay