Hi there,

Yesterday I received a letter from Lowell & 118 (together in one envelope) that Lowell are now the new owners of a 12 month unsecured loan I stopped paying in November 2015.

During this period I also defaulted on 4 loans with 4 different payday companies however by now I have taken care of all but this one. I fully intend to take care of the last of my mess which rules out the PROVE IT route but there are a few stumbling blocks before I can do so.

After checking my credit report I notice a second default has been placed on my account. How do I go about getting this removed?

After also checking my credit file I notice that the original default placed on my account by 118 was not placed until 28 months after the account went delinquent despite ICO guidlines which state that 'accounts should be defaulted 3-6 months from last payment date'. How do I go about getting the original default accurately recorded to early 2016? (Giving me a clean slate in early 2022)

I would like to thank you ever so much for taking the time to read through this thread and any input will be greatly appreciated.

Already fully advised on MSE

https://forums.moneysavingexpert.com/showthread.php?p=74688132#post74688132

I dont think we have any thing further to add Velli ...but welcome to CAG

Andy

Thanks Andy just wanted as much information as possible before carrying out my plan of action.

Apologies.

What about an irl complaint to 118

Might get the whole thing wiped from file and the debt gone too?

Dx

irl?

https://www.consumeractiongroup.co.uk/forum/showthread.php?472423-CAG-PDL-Reclaim-Guide-Indepth-Step-By-Step

and not only for this one

you can do it for all those you had even if paid off

thread moved to PDL forum and lenders name added

Thank you so much for your reply dx100uk

I actually went down this route a year or so back and the compensation received essentially settled all the outstanding loans. Thank you for reminding me!

To make things as clear as possible:

• Loan taken out September 2015 from 118
  
• Stopped paying November 2015
  
• Buried my head in the sand until August 2018
  
• Realised default placed on credit file for May 2018 (2 1/2 years later)
  
• Lowell buys debt in August and place another default dating August 2018
  

As I received 2 letters from 118 introducing Lowell I know my first step is to complain to 118 about the date the default was reported. Before I can

If worded correctly is a backdate default request to 118 an admission to owning the debt to Lowell if I choose to stall them with a prove it letter? Best case would be for 118 to backdate my default, Lowell unable to prove it & be left with no choice but to remove default and stop pursuing me.

Thanks for your input/advice in advance

Even if you correct the default date..it wont stop Lowell pursuing you...and given the default should be Nov 2015 +1/2/3 months...admission is irrelevant as its a way off becoming statute barred.

Andy

When you say that a default was placed on your account by the original lender, are you saying that it was as a Default Notice or was that the first default marker placed on your account for that debt.

And what was the debt please-loan, overdraft etc.

Even if you correct the default date..it wont stop Lowell pursuing you...and given the default should be Nov 2015 +1/2/3 months...admission is irrelevant as its a way off becoming statute barred.

 

 

Andy

Thanks for you response Andy.

Very good points but Im thinking more along the lines of if I do decide to throw them a curve ball by asking them to prove it - will the recent request to backdate date of default suffice as an admission of debt? Best case scenario would be that 118 backdate the default and Lowell unable to prove the debt.

Thanks again.

When you say that a default was placed on your account by the original lender, are you saying that it was as a Default Notice or was that the first default marker placed on your account for that debt.

And what was the debt please-loan, overdraft etc.

Hi sorry for the miscommunication.

It was a 12 month loan to be be paid with monthly installments.

Please can you tell me the difference between Default Notice and Default Marker?

I recently logged in to Noddle (then Experian) to notice 2 defaults - May 2018 (Original Lender) & August 2018 (Debt Collector).

threads merged please keep to one thread

do as post 4 much better way

I had some issues with PDL's and complained to them. Some caved and removed defaults from my credit files, some didn't so they were sent to the FOS. I sent three to FOS and all three won. Now FOS guidance (Even OFT those days I believe) stated that if they had lent to you irresponsibly, the PDL company should put you back in a position you were before taking out the loans.

This means that they would be required to refund interest as well as remove markers from your account.

If you had more than 3 or 4 PDL's/loans running at the same time, this is looked at by the FOS as a sure indication that you were lent to irresponsibly.

My suggestion should be to put all charges on a spreadsheet, calculate what you think is owed and complain to each PDL company, as well as 118, that they lent to you irresponsibly and that they should refund you as well as remove all credit markers on your CRA files.

This is a lot quicker than waiting until 2022 until defaults fall off.

If you go here: http://www.ombudsman-decisions.org.uk/ and put in 118 in the company name, you will see that since 2012, there have been 67 complaints to date about 118. go read them, you will see the majority of them the FOS has sided with the consumer where there have been multiple concurrent payday loans as well and made 118 pay back money and remove credit markers.

Hi sorry for the miscommunication.

 

 

 

Please can you tell me the difference between Default Notice and Default Marker?

 

I recently logged in to Noddle (then Experian) to notice 2 defaults - May 2018 (Original Lender) & August 2018 (Debt Collector).

The default notice is the physical notice to in form you of default and allow you to rectify the breach within 14 days...which must be served on you pursuant to section 87.1 of the CCA1974.

The marker is what is placed on your credit files as per the ICO guidelines which remains for 6 years.

Andy

ignore the silly calendar marker they mean nothing

you are looking for the date of default which should be in the debt summary