Hi there

I'm looking for some help and information.

I got a copy of my credit file the other day after being refused a car loan.

I was gobsmacked to see what had been going on.

Firstly,

Lowell appear to have bought a debt from Vodafone that doesn't in fact exist.

I had a 12 month contract with Vodafone and when it finished I moved to another provider as I got a better deal.

Vodafone tried to say that it was a 24 month agreement (which I know it wasn't as I wouldn't tie myself in for 2 years!)

I asked them for a copy of the agreement along with a copy of the telephone call wherein the contract was agreed.

They failed to respond...and failed to respond to a few follow up letters....

I thought that was the end of it.

Clearly this has been sold to Lowell without a contract agreement and they have placed a default on my account without telling me.

I have contacted the CRAs to advise and also Lowell to get them to produce a copy of the contract..

.explaining that it was a 12 month contract.

What do I do when they can't provide a copy of it?

They won't be able to provide it because it was a 12 month contract and I paid religiously throughout that agreement.

Can I report this to the ICO as it has completely trashed my credit file?

Any advice gratefully received....good or bad.

The second thing is this.

I became seriously ill in 2010 and it took some time for me to get some help with my mortgage and I incurred arrears.

The mortgage company took me to court

- does the calling up notice act as a default for the sake of dates?

- and they were ordered to negotiate with me.

No suspended possession order was placed on my account because the sheriff was really quite angry at the way I had been treated.

Forward to 2017 and more than half those arrears are now paid off and religiously they have been getting the mortgage payment every month.

On my credit file the mortgage company have noted that I am in default and am making late payments every single month.

As I have no influence over when those payments are made and am considered to be a "protected person" under the The Equality Act 2010, shouldn't they have been sorting this out so that it shows a true reflection that the problems incurred 6 years ago and the mortgage has been getting paid every single month, with additional to pay off the arrears every month?

Should they not also be showing that the arrears have been decreasing?

They are basing the arrears on what I pay now for my mortgage and not what I paid when they were incurred.

I was paying £700 a month in mortgage payments and now pay £250 with the latest rate increase.

They are saying I am more than 6 months in arrears on the payment now when the actual arrears were incurred when my mortgage payment was much higher.

Regarding the default.

Should that also fall off after 6 years as it's still there as well as late payment markers.

I think that the mortgage company should have changed the payment date as a reasonable adjustment so that my credit file reflected what was actually happening ie I was ill and incurred arrears

now although I am still seriously ill my payments are made every month and I have paid off more than half the arrears.

It looks like I am a really bad credit risk but it was a bad time in my life that I've now corrected. Surely this can't happen and it's not fair.

I look forward to getting some advice on what to do about this.

I have contacted all the CRAs but wondered if I should take it further.

Also FOS has not recognised this lack of making reasonable adjustments for my situation as a protected person.

Thanks a lot.

If your mortgage default is more than 6yrs old the whole account should not be showing at all so thus can't harm you score.

As for the voda default/debt

Write to the CEO and complain

Hi there

Thanks for replying.

The arrears were incurred over 6 years ago and it appears that they didn't register a default.

They just keep reporting that my account is over 6 months in arrears.

They haven't even reported the arrangements to pay.

The sheriff said I should pay £25 over and above my CMP.

I have kept to that arrangement and have then entered into agreements with them to pay more in order that the arrears would be capitalised.

Every time this happens they transfer me back to another department and it all starts again.

Meantime they are not showing arrangements to pay or the fact that my CPM plus additional monies is being paid each month.

My credit file just shows 6 right the way back to the time the arrears occurred.

I don't think this accurately reflects the fact that I have paid religiously and, anyway, anything a court decides should be considered the actual arrangement to pay. That should be recorded on the CRAs as a ATP.

Am I right in thinking that?

I have been in touch with Lowells and will wait to see what they say.

If I don;t get a satisfactory response then I'll write a letter to the CEO.

I'll give them 14 days.

I am thinking that my arrears should only show for the time I was not paying CMP and thereafter arrangement to pay reflecting how they are reducing.

It just looks like I've done nothing and that's not accurate.

I'm really cross about this as it's just another thing they've done to make life incredibly difficult for me.

the account should not be showing

go utilse this thread

https://www.consumeractiongroup.co.uk/forum/showthread.php?483226-Natwest-Loan-and-new-default-registered-7-years-later...&p=5087010#post5087010

you were not under any legal remit to increase the payments set by the Sherriff

they were not allowed to increase payments

you should not have capitalised the arrears

simply leads to a greater debt because of added interest to the arrears

time to get reclaiming too

bet you've £1000's in penalty fees and stupid insurances

who's the fleecer?

start a new thread for the voda issue and i'll moved the posts to it.

I received an email today from Lowell saying that Vodafone has not produced the contract (because there never was one!) but despite that they cannot uphold my complaint. They have however said that they will remove defaults and information relating to them but they are failing to pay me compensation for their mistake. Oh, and it will take 50 days for the inaccurate information to be removed.

I have written back to them giving them 7 days to provide the contract after which time they will require to pay me compensation. As I know there is no contract because the contract didn't exist, they have no hope of producing it. If they say there is no evidence to suggest that this was an incorrect debt sold on...why are they removing all the information they have provided on my credit file for years apparently and why will it take them 50 days when they can do it immediately? They apply it quick enough.

They also said they bought the debts in good faith. Effectively they are taking debts from vodafone without even carrying out due diligence to see if these debts are even owed and then trashing people's credit files with no evidence to do so.

Shocking behaviour.