Do i Have a Case Against Default?

ssmesk3781

Three Rolling Sim Card (Three Never Reported on Credit File Whatsoever):

In a Nutshell... I didn't pay a bill dated June 2019 of £22.43 (I wont give any excuses as after researching on here it was my bad) the bill never increased as it was a rolling sim contract.

After recieving my SAR from Three to gather more information, it stated that it was passed to a DCA on 12/08/2019... Im guessing this is the point where i could have recieved a default?

The SAR then went on to say that i paid this debt in full to the DCA on 18/11/2019 a week before i moved house so i assumed this was the end of it and i was no longer in posession of the sim card anyway... but i was wrong!

The SAR then said the sim was reconnected after paying the DCA and although theres no record of letters sent to say it was (I wouldnt have recieved due to moving house anyway) a text message was sent to the sim i no longer had posession of. They could clearly see this as there is nothing on the itemised billing since June 2019.

Eventually it got passed on to another DCA Lowell on 02/12/2020 for the sum of £22.43, they had no trouble finding my new adress and as soon as i recieved the bill from them i paid it in full on 19/01/21... but Lowell (Not Three) also issued a default on my credit file dated 19/05/2020

My question is with all the evidence above in my posession due to the Three SAR, do i have any grounds to argue the default was placed by mistake... or at the very least could i argue the default should have been made earlier?

Any help will be appreciated as always and i am more than willing to own this default if you say otherwise, as i value all of your expert opinions, thank you in advance.

fatbelly

When a third party buys a debt, as Lowell did here, they must use the default date issued by the existing lender.

So it appears that your account was defaulted by Three on 19/05/2020 and sold to Lowell on 02/12/2020

However, if you paid this on 18/11/2019 then I would have expected that to be the end of the matter so I think you should complain. Hopefully Lowell won't put up much of a fight as they bought this for approximately £2.24

ssmesk3781

fatbelly said:

When a third party buys a debt, as Lowell did here, they must use the default date issued by the existing lender.

So it appears that your account was defaulted by Three on 19/05/2020 and sold to Lowell on 02/12/2020

However, if you paid this on 18/11/2019 then I would have expected that to be the end of the matter so I think you should complain. Hopefully Lowell won't put up much of a fight as they bought this for approximately £2.24

Do you mean Three defaulted it internally without it being recorded in my credit file? As there is nothing on Trans Union, Equifax or Experian, i have even checked closed accounts... its as if this never existed.

fatbelly

Yes, they would have had to default in order to sell it. They just didn't bother to tell the CRAs.

Complain to Lowell to say this was paid off on 18/11/2019 - before they bought it. Let them worry about the fine detail

Ask them to remove the whole entry. If they object, ask the ICO to look at it.

DjangoUnchained

wow, im amazed an agency would bother with a £22 debt, which as mentioned they paid about £2 for. im speaking as someone who has a single 4.5k debt that the agency cant seem to make much effort with.

ssmesk3781

From what i can gather when i paid the £22.43 to the original DCA... Three then reactivated the sim and thats where the further £22.43 came from. But i was unaware of this as i was no longer at the same address and just assumed the account was closed after paying the original DCA.