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Lowell Default... Catalogue in my name.. not my debt.


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Hi, so I really don't know what my options are (if any)

 

In 2014, when I was 18 my mum asked if she could open a catalogue in my name...

I agreed as she told me it would help build up my credit rating. I specifically told her not to get in debt with it.... I had thought she'd stopped using it after that year.

 

Background: My mother has C-PTSD and due to this is absolutely appalling at handling money- sadly for me I've only just realised how big an issue it is as she always seemed like she was dealing with any debts she has. She is not receiving any help with this at all as any health professionals involved in her care have never enquired and she's never admitted it as a problem (even now she's acknowledged it but not... if that makes sense?) The only professional she sees (she's just started another block of therapy after so many years) is a psychotherapist.

 

Credit Rating: This month I went into my bank to ask for an increase in my overdraft. I'm a student and my loans are just about enough to cover my rent and placement travel this term, so finance wise I'm not in the best situation myself at least until the nee year when my term rent is a bit cheaper.

 

I found out that the bank wouldn't increase my overdraft, literally not even by £100...due to my poor credit rating. This was confusing as I have 1 credit card and I always pay either the full amount or more than the monthly minimum. Went on and got my credit report from Equifax.

 

I have a 404 credit rating and 'my' catalogue debt is £1500 now passed onto lowell with a default placed in March.

 

My mum has said she must have had a default notice as she set up a monthly payment to lowell in July and has been paying this ever since.

 

She was under the impression that the default would be removed if the debt is paid in full. That's obviously not the case. It lasts 6 years.

My score has tanked and considering I will be qualified next year and want to start saving for a mortgage... it would be pretty impossible!

 

 

Right now, I resent her for getting me in this as I didn't want to have debt like her (although this is my responsibility as well and I've been beating myself up about it)

 

I don't know what to do

 

Main Points

 

*I had no knowledge of the default until obtaining my credit report...

 

1) The catalogue is in my name and I live at the same address as my mum

 

2) I've used my current bank card on that account to pay some money towards it (before it was passed to Lowell and had a default added to it)

 

3) 'I've' already acknowledged this debt as per the repayment plan with Lowell so there's no chance of the 'i didn't know' loophole working.

 

4) Even if my mum admitted to the debt, with her abysmal credit there's no way they would transfer it over to her

 

5) Even if she admitted to the debt, it's fraud.

I would be utterly terrified of her getting into legal trouble about this!

She's ill and yeah it's not an excuse but it's an explanation for her behaviour.

She has a lot of trauma and controlling her money and spending money is a very big comfort to her.

 

6) I am not my mums carer my dad is but honestly, he's useless with money as well and just gets stressed and confused with it.

 

My dad and I have just been ... I don't know, ignoring it kind of? And now I really can't and have to try and get this fixed.

 

Questions

 

A) Is there any way at all, or has anyone had any success with writing to Lowell and offering to pay the full amount owed immediately if they remove the default?

 

B) I know if they won't remove it you can ask for an explanation for the default on your score but I wouldn't have a clue what to write on that?

Or if it would make any difference

 

C) Or if they won't remove it on offer of the money.

Would it be worth writing to them explaining the situation as well as still offering to pay..

would that have any luck?

 

*if I explained the situation to Lowell would it have to be reported as fraud?

 

D) Does persistence work?

If I kept writing and emailing them asking them to remove the default?

How persistent, I.e: a letter every week?

Emailing the CEO every week?

Recorded phone calls?

Or would they just claim harassment...

 

E) If they don't remove it and I still pay it in full so it says it's a paid default on my account...

There's differing opinions as to whether that will improve your credit score or increase likelyhood of lenders approving you for things like cc/banking/mortgages/finance. ?

 

Not sure whether it would change anything on my credit and make my bank more likely to increase my o.d.

my mum is under the impression that it would...

 

So yes... I fully am more than aware I messed up as well.

I didn't bother to keep track of something in my name and it was a big mistake I'm clearly paying for now.

 

 

I'm just very anxious. I'm 22... I really wouldn't want this hanging over my head til I was 29.

It's one blip on my credit score compared to the past nearly 2 years of good credit and now it's totally ruined.

I still have my credit card and obviously I will continue building up credit ect...

but it all feels for nothing knowing I'll have the default hanging over my head.

 

I just feel so depressed and anxious with it all and I can't talk to either of my parents cause my dad doesn't know or want to know and my mum already feels awful enough as it is about it..

 

Hopefully maybe someone can please start pointing me in the right direction..

. I'd be very grateful.

Thank you...

Edited by dx100uk
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You signed the credit agreement so it is your debt. Same as if I lent you my credit card and told you not to go mad, it doesnt change the validity of the debt just because you spent more than I expected you would.

 

You now need to find out how much the REAL debt is as it wont be this amount, it will include all sorts of added extras that arnt allowable.

The credit file entries wont change just because you have paid the debt off, they will still be there as a true record of your finances for that time and will remain visible for 6 years.

 

So, ask for all of your info and accounts they hold via a SAR. This is now free and they are obliged to comply within 30 days or tell you how long extra they need Once you have the full accounts you can start to go through them and start getting all of the added extras removed.

Edited by Andyorch
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Hi. I have the exact amount owed to Lowell £1500 ... thought I made that clear. There are no added extra charges that is literally what I owe them.

 

Is there any point in requesting a SAR as I know what I have to pay and that the debt is in my name.

 

So to clarify there is 0 chance, regardless of any of my explanations or options or persistence that they would remove the default

 

sorry but your advice is telling me things I already know and it hasn't really answered any of my questions at all.

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Lowell didn't register the default

JDW did before they sold the account on.

 

pay it in full or even by monthly will not remove the default.

 

she should not be talking to these people over the phone!!

 

short ans is there is nothing you can do.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. Would it be worth me paying the default in full anyway just so it says paid on my report...

 

Or asking the companies to write a note on my account explaining the debt...

 

I'm gutted that there's nothing I can do to even make this slightly better, even if the default doesn't go away.

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there is a VERY outside chance the lowells might remove it if you paid in full

but we've not seen this is a long time now.

 

a satisfied default is just as bad an unsatisfied one.

but most mortgage co's aren't worried about a default anyway.

 

how old is the account?

I suppose about 4 yrs as your couldn't of taken out the credit before you were 18 anyway...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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4 years. The default was added this year in March... So 6 years. I'll be 28/29 when it's removed.

:( My mum started a payment plan in July and has been paying monthly.

 

I'm going to try to write to them asking... I'm pretty desperate and at least if I'm told no, I know.

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I asked how old the account was.....I guessed 4yrs...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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and yes I was right..i can see the top line of post 1 now :lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so tell us how much of the debt is charges and fees added to the account rather than money owed for good received.

 

You might know you have to pay becasue the debt is in your name but you should find out how much the TRUE debt is and not just pay what Lowells say it is.

 

As for the questions you ask, well, you know the answer to those but knowing the answer to the questiosn you will need to ask is also important because you will need to deal with then sooner or later or you are at the mercy of the debt buyers for a damned sight longer than you need to be..

You may actually stand a chance they will remove the marker if you can prove the debt was wrong from the outset.

 

Now what about things like payment protection, insurnaces warranties etc?

All reclaimable with interest from the catalogue co event hough they have sold the debt on.

That will hurt them so it is worth getting a SAR running/

 

Hi. I have the exact amount owed to Lowell £1500 ... thought I made that clear. There are no added extra charges that is literally what I owe them.

 

Is there any point in requesting a SAR as I know what I have to pay and that the debt is in my name.

 

So to clarify there is 0 chance, regardless of any of my explanations or options or persistence that they would remove the default

 

sorry but your advice is telling me things I already know and it hasn't really answered any of my questions at all.

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  • 2 weeks later...

Hi I'm new to the forum, Lowell or JDW shouldn't be adding a default to your Credit File with a default date of 2018,

if the account was originally defaulted in 2014 the creditor has 6 months from the date the account should have defaulted,

which is usually 90-180 days of non payment to register the default (taken from ICO guidelines on Credit File entries).

 

The creditor, whether it be Lowell or JDW are falsifying the CRA entry and putting you at a more detrimental state that you should be, therefore the maximum length left should only be 2 years.

 

I do agree that you need to understand how your balance is made up, whilst the debt will say £1500 the likelihood is that at least 30% will be interest and charges.

 

My only other question would be, why were Lowell writing to your Mother when you said you took the account out, there is a potential breach of Data Protection here, especially if Lowell have discussed this account without your consent, Debt Purchasers do not like DPA complaints and usually will do anything to resolve them without going to FOS or ICO.

 

I have worked in the Credit industry including Debt Collection agencies so I know what they will do to avoid this type of exposure.

 

Good luck, I hope that helps.

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theres no rules or guidelines by the ICO anymore that say this 3-6mts..that changed in 2013 wasn't it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Section 4 of the Principles for Reporting Arrears, Arrangements and Defaults to Credit Reference Agencies issued in 2014 provides some guiance. I have used this before and have been successful in get dates altered and removed, Lantern Debt Recovery were forced to issue redress to customers because of this and also had to inform the FCA of their error.

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You are assuming an error has been made

But we dont know the date of the 3rd missed/short payment was

So we cant decide if the default was correct or not

 

Lots of waffle but no data

I suspect it was only recent, when jdw then sold it.

Nothing to complain about at all!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Would you not say that the DPA issue is a potential complaining point?

I certainly would, regardless of whether I took an account out for someone it's still in my name and therefore noone else should be able to discuss or obtain information.

That would be fraud!

 

Also your assuming that JDW added the default not Lowell.

As a Debt Purchaser (fundamentaly different from a DCA) when they purchase an account they take on the rights and responsibilities of the Lender which includes having the ability to issue a notice of default and register if required.

 

I've noticed you've incorrectly given this advice a few times on threads.

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nope

you appear to be batting for the opposition here kiz.

 

Lowell nor any debt buyer can't issue a default notice.

that is the privilege of the original creditor only.

 

99% of debts, esp cat debt are always defaulted before sale if not before

it doesn't matter what bunkum a debt buyer spews out or claims, they cannot change what the original creditor registered.

until you posted that I was thinking you might be useful

 

now I can see you are here to merely confuse people which sadly we often see from those with your work history.

 

fraud..where that come into it..

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I’m not batting for anyone, I was upfront by saying I’d worked in this sector and was trying to help by providing some other alternative.

 

I can assure you that debt purchaser can, and do, register defaults the FCA are more than happy with this as the permissions give them the rights and responsibilities of the lender.

 

I’m not trying to confuse anyone I just want to ensure factual information is logged.

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not worth the paper they are written on

and not relevant to this thread anyway.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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