Lowell and Confusion....

[FearfulFuture]

First of all, Hello! I have been visiting these forums since getting myself into a little bit of financial difficulty and needed some perspective but haven't had the balls to sit down and ask for some advice.

 

My basic history is this.

 

When I became a student 9 years ago this September),

I got everything thrown at me (and I mean EVERYTHING).

 

I had a 1.5 k overdraft with Barclays,

a £200 credit card with Capital One

and a £600 credit card with Barclays.

 

I was stupid and financially uneducated and used the lot.

 

I dropped out of Uni and was working full time and bringing down my overdraft by a minimal amount each month

- I informed Barclays and Capital One of this, but despite this, Barclays closed my account and demanded the funds back.

 

I was in no position to pay, being paid a rubbish amount at the time and I tried to negotiate, but they held firm and "sold" my debt to Lowell.

 

So did Capital One, 02 and 3 Mobile.

 

I also buried my head in the sand when it came to repaying everything and did not communicate with Lowell.

 

This was making my health poorly and so I decided to face things head on and last year made some payments.

(Yes, I know, my debts may have been statute barred since I had not made a payment since 2004 on some of the accounts but I didn't know that then!)

 

I had a nice rebate from tax paid when I was working 2 jobs and I used that to enable me to pay off Barclaycard and Capital one through McKenzie Hall and Lowell.

 

 

Now, I am currently paying £12.50 per month on my two accounts (per account) with Lowell,

(One with 3 and one with Barclays).

 

Lowell advised me that they had sold my account for 02 to McKenzie Hall and I can't set up a payment plan until it is passed back to them.

 

I asked them to contact me in writing so that I was aware when the debt had been passed back and to date I have not received any information.

 

I am currently trying to sort out my finances as they have been and still are dire

(with PDLs and all sorts - but thats another story for another day)

 

but *one day* I would like to have a mortgage, get married, start a family - all the things most 27 year olds would like to do.

 

So I checked my credit reports with Experian and Equifax.

 

My credit rating is classed as "poor" (understandably) but i am a bit perplexed.

 

There is no default registered on either for the Barclaycard Debt,

the Barclays Bank Account Debt,

the Capital One Debt

or the 3 Mobile Debt.

 

They neither say "defaulted" nor "settled" which I would expect to see given my current mobile phone company do have a log on my account.

 

Lowell have, however, put a default on the 3 Mobile debt that they sold to McKenzie Hall and were meant to inform me when it was passed back to them.

 

I am getting really confused, and I do have other things to worry about at the moment (like being able to afford to eat when fitting in PDL repayments!)

but I would appreciate some guidance on what they can and what they can't put on my credit file.

 

I have had a horrendous time previously with Lowell and their customer service

(even digging up my mother's telephone number to hound her and persisting to call when I requested that they take that particular number from their records

- which by the way took them two years to do) but that is another story.

 

 

Any guidance on how to deal with them,

explanations about why they can make an example of the debts that I am not paying but not the ones which I stupidly have or am in the process of doing so?

and how to get out of the hole that I am in currently.

 

Many Thanks,

 

FearfulFuture

[dx100uk]

so you are saying that all the debts show on your cra file?

 

dx

[FearfulFuture]

No, not all of them, just the one that lowell have sold to McH that I have defaulted on.

 

I would have thought that the other settled ones would show as settled as these were paid only last year,

and the two I'm paying off currently I would expect to be on there with satisfactory payments for the past six months?!

 

I think the long and short of it is that I haven't a clue, but am trying!!

[dx100uk]

so thats the only one you need to worry about then

 

if you are still paying any that dont show stop!

 

dx

[FearfulFuture]

But, in the event that I stop paying can they mark this on my credit file that the account will be in default?! I obviously need to communicate with them regarding this, but if I write to them saying I dispute the account, will that not give them an open gate to do their paperwork and make their mark on my file?! I'm utterly confused.

[dx100uk]

how can they mark a account thats not on your CRA file?

 

and you obv DON'T have to tell them

 

the only thing i'd be sending anyone i'd been paying a debt too for so long

without ANY knowledge of where the money has gone

 

..is where has my money gone you've been fleecing off me for years

 

dx

[FearfulFuture]

Thanks dx,

but I have seen that they have been searching my credit file even though I am paying one lot but obvs not the defaulted one.

 

Seeing as they've put a default on my cra even though it wasnt there previously (it was put on within last 12 months and not before)

can't they just put another on for this other account if I stop paying?!

 

They seem to do whatever they feel like doing!!

 

I'm sorry, I must have you banging your head against a brick wall, but I am new to actually seeking help and advice and don't fully understand!

 

Thanks for all your help so far!

[Halibutt]

They can't apply a default twice for the same debt. The only change that can be made is if the amount owed is sold to another company, in which case, the new DCA is within their rights to adjust your CRA file to reflect the new owner of the debt - not the date of default.

[42man]

If there is a gap of 6 years (5 in Scotland) in the life of the debt where you have neither paid towards or acknowledged it in writing then the debts will be statute barred (even if you have commenced payment recently) if that 6 years is there then there is nothing that would unbar it, unless you had maybe faked your death or changed your name by deed poll.....

[clairedcat]

how can they mark a account thats not on your CRA file?

 

 

 

Does this mean unless an account was already on the CR file it can't be marked by a DCA ?

 

Or does the DCA have the right to create entry themselves if they are collecting or have bought the debt ?

 

Claire x

[dx100uk]

not if its already fallen off

 

and the authorities would have a field day if they did!

 

dx

[clairedcat]

Sorry my above post didnt make a lot of sense. What I meant was, would the OC have to create the initial entry on CR file for the DCA to be able to update the information ? or if not, Does that mean a DCA can create an entry if they collect or buy the debt ?

 

Claire

[dx100uk]

what are you not understanding here.?

 

go get your money back

 

you've been cash cowed

 

 

WHERE HAS ALL YOUR MONEY GONE.?

 

dx

 

 

dx

[FearfulFuture]

Okay so my next question is this. The date of the original default has fallen off of my CR. Lowell have put one on for a later date (last year). Can they do this if I defaulted a payment with them (and not the irginal creditor)?!

 

FF x

[dx100uk]

yes

you broke a later arrangement to pay

 

dx