Lowells/Great Universal

[newdad]

If a debt has been written off by a DCA, do they have to stop reporting it as an active default to CRA's?

 

A bit of background....

 

.Lowells bought an old Shop Direct catologue debt back in 2008.

 

I sent them a CA request,

 

they defaulted on this request so I put the account in dispute.

 

I received a letter from them in July 2010 stating that they were closing the account due to the fact the CA was no longer available......

 

Fast forward to this afternoon,

 

and I was going through some old paperwork following our house move and I came across another letter from Lowells dated Aug 2010 stating and I quote...."..

...as a gesture of goodwill and strictly without any admission of liability,

we have decided to close the account and write of any outstanding balance...."

 

From where I see it, that's written evidence that they have written off the debt,

 

the debt ceased to exist as of the date of that letter so thus they should not be still reporting it to the CRA's..

..or have I interpreted it incorrectly..

 

.Any thoughts and guidance would be very much appreciated

[newdad]

just to add that with Equifax it's registered as Defaulted with a default date of November 2010, and with Call Credit, it's registered as Defaulted as of 8/11/2010 and the account status is currently "Default"

[BRIGADIER2JCS]

Is it showing a default on CRA files now?

If so you should make a formal complaint to Lowells Data Controller, enclose a copy of that letter and if possible a screen print of the CRA file,demand that the default entries are removed from ALL credit reference agency files.

[newdad]

Is it showing a default on CRA files now?

If so you should make a formal complaint to Lowells Data Controller, enclose a copy of that letter and if possible a screen print of the CRA file,demand that the default entries are removed from ALL credit reference agency files.

yes, sorry I added that info whilst you were replying.....Ok, I'll contact Lowells and make the complaint, any ideas of wording?...Re. Lowells data controller, all I have is their PO Box address, would that be the correct address?

 

thanks in advance

Edited November 7, 2012 by newdad
adding more info

[BRIGADIER2JCS]

Ok to The Data Controller

Lowell

 

The Enterprise Building

Lsebourne Road

Leeds

LS11

 

Ref: use the one on the 2010 letter..

 

 

Dear Sir or Madam,

 

Formal Complaint

 

I refer to your letter dated xx xx xxxx regarding to an allged debt for £xxx xx in which it is stated that the allged debt and remaining balance has been written off and the account closed, having checked my credit reference files I have found Lowell are continuing to place information on these files, considering that this allged debt was never proved and in fact no longer exisits as your company has ''written off '' the outstanding balance it is manifestly unfair to continue too report to these agencies.

 

I would expect Lowell to remove ALL entries from all agencies to which you have reported this matter.

 

I require confirmation that you have complied with this within 7 working days, after which I shall report the conduct of Lowell to the ICO and FOS without further reference to Lowell

 

Send recorded delivery.

[newdad]

Thank you Brig, you are an absolute star!......I've just come across another 'gem' for which I will shortly start a new thread (I need to move house and go through paperwork more often! )

[BRIGADIER2JCS]

:thumb:

[Halibutt]

I had a similar letter from Lowell, but they also added, "we will remove any defaults registered on your CRA file."

Wouldn't have done much good though as the default was registered 10 years previously and would have dropped off regardless.

As Brig says, do complain - it's always worth the cost of an envelope and recorded delivery. After all, you won't be paying Lowell any more!

[newdad]

a quick update on this thread.....all entries were removed from my credit file...result!

[BRIGADIER2JCS]

Great Result!