Approaching 6-year mark but Lowell reapplying default to credit file?

ElvisPresleysCat

Hi all,

I am approaching the 6-year mark (thankfully), but the company, Lowell, appears to be attempting to reapply the default to my credit file.

From reading, I understand that once an initial default has been entered onto a credit file, it cannot be re-entered or reapplied but I am concerned this is a loophole that some companies may exploit to restart/refresh that initial default date, and thus extend its end date (theoretically) indefinitely?

Would appreciate the legal eagles' thoughts.

Best.

A.

sourcrates

ElvisPresleysCat said:

Hi all,

I am approaching the 6-year mark (thankfully), but the company, Lowell, appears to be attempting to reapply the default to my credit file.

Can you explain, more in depth, what you mean by this?

The default date is set in stone and cannot be changed, it has been known to happen, and if this is the case you must complain and have it corrected.

What date did the account originally default, and is this date recorded on your credit file?

MEM62

ElvisPresleysCat said:

I am approaching the 6-year mark (thankfully), but the company, Lowell, appears to be attempting to reapply the default to my credit file.

What makes you think they are 'attempting' to reapply the default?  In short, they cannot do that and, if they do, you can complain and ultimately take the matter to the ICO.  

dankemp

I had Lowell on two debts they got from Hoist, so I visited the Debt Camel website who created a page specifically for it.  What followed was two pages of comments from debtors explaining the antics of this horrible firm of vermin.

They would say things like "the debt is still owed so we can still collect it" but this is a breach of CONC rules, not only is enforcement behaviour not allowed but they are obliged to tell the debtor it is no longer enforceable.

Also when a debtor correctly informs them a debt is statute barred they must cease all forms of enforcement activity. I say correctly because the statute bar runs from the date of default.  See the sticky thread about this.

When I found this forum I searched for the usual suspects (like Lowell) and I found a plethora of superb threads showing how to deal with them.  These may raise more questions for you so worth a look.

I would never be in a hurry to communicate with a Debt Collection Agency for any reason and especially if a debt is close to Statute bar, in case I made a mistake.

However, Lowell was chasing such ancient debts that I felt the need to slap back, I collected all their activity, I then collected a load of evidence from Debt Camel and I put in a complaint to the FOS, I also sent a file to the FCA showing their behaviour was widespread and asked them to investigate.  Strangely, Lowell wrote to me a 2 to 3 weeks later saying one of the debts was unenforceable and they had closed the account.

I was waiting for the other account to do the same but they never have, so I am just waiting them out and when they do I will be back onto the FCA and FOS saying they are back at it.

It is very important to be certain of your facts, I have default letters for almost all of my former debts but for those that don't I use the date of first contact by a debt consolidator.

Rob5342

What makes you think they are attempting to reapply the default? These kinds of companies are quite adept at wording letters in ways to imply the worst and strike fear into people.