uk debts rearing their heads - ruining my credit file etc

[Soul Reaver]

Hi Guys

 

I just received an alert on my Experian file that Lowell had placed a default on it.

 

Sure enough when I checked they had.

 

The thing is although I do have a UK address for my mail,

Uk mobile phone and golf clubs etc

I actually don't live in the UK and have not done for years.

 

I have no idea what the deault is for as it does not say on the file, just the amount and a default date in August 2011.

 

How should I proceed with this one please?

 

My record is or should I say was clear and around 900 points on experian until they put this on it.

 

It's now at 600 ish.

 

This may have been an old business debt with Barclays but I am unsure at this stage.

 

Cheers

[rdm2006]

when you say "OLD" would that be more than 6 years old?

 

if so send statute barred letter

[Soul Reaver]

No sadly not that old. I guess I just have to live with it on my file although they have entered the date from when they bought it and not the true default date. It was a feeling nice to be clean for a while

[PGH7447]

write to experien and get a notice of correction put on it, stating that this company has never contcted you about this and that allowing companies to place defaults willy nilly on peoples reports is both unfair and unjust and that a letter of complaint about both lowells and experien is winging its way to the information commisioners office

[Soul Reaver]

write to experien and get a notice of correction put on it, stating that this company has never contcted you about this and that allowing companies to place defaults willy nilly on peoples reports is both unfair and unjust and that a letter of complaint about both lowells and experien is winging its way to the information commisioners office

 

They had been sending letters out to the address I just ignored them. Do they remove it if you pay them? Otherwise if not then there really is no motivation to pay them anything is there.

[Bazooka Boo]

Never pay a DCA.

 

The date of default MUST reflect the date of default within 6 months of defaulting, they cannot add a date when they bought the debt.

[BRIGADIER2JCS]

Hi send the following to

The Data Controller

Lowell.

 

Ref: as on their letter(s)

 

Dear Sir,

 

Complaint/false credit reference file entry/copy to ICO.

 

I have checked my credit reference files and have noted thet Lowell have placed a default entry on my files held by xxxx credit reference agency, the data display is

wrong in that Lowell have entered the date it aquired the allged debt and NOT the original default date, you must be aware that this is not allowed.

 

You WILL threrefore immediately amend the the date to the original default date of xx xx xxxx and confirm to me in writting that you have done so on ALL CRA files that you have reported to.

 

I have read that some companies have attempted to claim that defaults are dated from the aquisition of the debt in an attempt to extend the life of the default, so I will report this matter to the Information Commissioners Office.

 

Send recorded delivery. You could copy to Experian, Equifax, and CallCredit addressed to their Data Controllers.

[Soul Reaver]

Hi send the following to

The Data Controller

Lowell.

 

Ref: as on their letter(s)

 

Dear Sir,

 

Complaint/false credit reference file entry/copy to ICO.

 

I have checked my credit reference files and have noted thet Lowell have placed a default entry on my files held by xxxx credit reference agency, the data display is

wrong in that Lowell have entered the date it aquired the allged debt and NOT the original default date, you must be aware that this is not allowed.

 

You WILL threrefore immediately amend the the date to the original default date of xx xx xxxx and confirm to me in writting that you have done so on ALL CRA files that you have reported to.

 

I have read that some companies have attempted to claim that defaults are dated from the aquisition of the debt in an attempt to extend the life of the default, so I will report this matter to the Information Commissioners Office.

 

Send recorded delivery. You could copy to Experian, Equifax, and CallCredit addressed to their Data Controllers.

 

Ok I will do that. I can't get it removed then no way? The best I can do/hope for is an ammendment on the date? And never pay them? Not ever? This could go on forever If they aquire more of my old debts from BARC.

[BRIGADIER2JCS]

Hi, Cleft sitck situation the defaulted account does exist so Lowell must report it, accurately of course.

Does the default have long to run?

[Soul Reaver]

Hiya

 

This is incorrect as it was not a current account but a sole trader business loan. But yes 4.5 years to run based on that. Although I am not overly convinced by that 8/2011 date as I am sure it was earlier than that.

 

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[BRIGADIER2JCS]

I suggest a SAR to the bank, to get all the data on the account, there is a template in the CAG library for this, thereis a statutory fee of £10 and the bank has 40 days from the day the recieve the SAR to reply, you will then have all the details to hand.

Address the SAR to the Data Controller, and us Recorded Delivery so you can check receipt.

[Soul Reaver]

Hi Guys

 

Can I use the default removal strategy discussed in other areas fo this site? if so my questions are as follows

 

1. The Default is about something that was never registered on my credit file ever? Does that matter?

 

2. Who do I use the strategy against? Barclays or Lowell? lowell raised the default after they bought the debt from Barclays?

 

3. The default is logged as a personal account, it wasnt it was a sole trader business loan does that matter?

 

Cheers..

[BRIGADIER2JCS]

Hi.

 

1.No debts/accounts do not have to shown on CRA files.

2.Barclays placed the default if Lowell have bought the account you need to contact their data contoller by recorded delivery, there is no particular 'strategy'' for getting defaults removed each cas is different, so you need to give us more detail as to why you contest the dafault.

3. You need also to tell Lowell that the ''type'' of account is wrong.77

 

You should be aware getting defaults removed or even marked as satisfied it a very difficult and often long process.

[Soul Reaver]

Hiya

 

I was toying with the idea of ringing Lowell and offering to pay it if they remove it from my file.

 

Cheers

[BRIGADIER2JCS]

Unbeliecably dangerous especially with Lowell never make offers on the phone they''ll stitch you up!!!, and they wont remove it just mark as satisfied.

[Soul Reaver]

Ok I get not to ring them but an offer by post that i will pay it if they remove it? Or a totall no no. There is zero motivation to ever pay it then as they cant do anything to me apart from annoy me with calls and letters.

[Bazooka Boo]

If you ring them then they will empty your bank account, which is why everyone is told to NEVER ring.

 

Keep EVERYTHING in writing.

 

Or they will treat you like a mug, you'll pay them some money and tell you they will remove the default, you pay up, they put it in their pocket and either sell the remaining balance or continue to con you out of more money.

 

People really don't understand that these corrupt outfits are simply cashing in and profiteering on the uneducated debtor.

Don't ring, don't pay a DCA either, and there is little to no chance of an entry on your file ever being removed unless it is inaccurate.

[Bazooka Boo]

Ok I get not to ring them but an offer by post that i will pay it if they remove it? Or a totall no no. There is zero motivation to ever pay it then as they cant do anything to me apart from annoy me with calls and letters.

 

I wouldn't be at all worried about your CRF unless your wanting credit in the near future? And lets face it, who does?

[Soul Reaver]

OK Cool, undertsood, just a bit ****ed that my file just became clean for the first time ever and then they bought an old debt and started the whole thing off again LOL. Oh well 4 years to go ROFL

[BRIGADIER2JCS]

Ok I get not to ring them but an offer by post that i will pay it if they remove it? Or a totall no no. There is zero motivation to ever pay it then as they cant do anything to me apart from annoy me with calls and letters.

#

 

Full & Final Payment as a gesture of goodwill without admitting or accepting liability, on condition that:

 

1. Any remaining balance is not to be sold or assigned to any third party.

2.All data is removed from CRA files.

3.The offer is acknowledge and agreement is made within 7 working days.

 

Never send any payment until you have their unequivocal written agreement.

[Asbestross]

Just wanted to add my two pence worth.

 

I've very recently had a default wiped from my credit file that Lowell's were maintaining on there. Believe you me, this is no easy feat, and involved countless letters back and forth, countless hours spent on CCA and DPA legislation, patience and determination.

 

I managed to prove that no default notice was served, and through various other issues they finally caved and accepted a F&F of 30% with default removal. Lawfully though, as a default on a credit file is only a representation of how an account is maintained, even with no default notice the original creditor was perfectly within their rights to place a default on there.

 

It took over 3 months, and trust me when I say that they were extremely reluctant to remove it.

 

If its legitimate and the correct process has been followed, I would say that the chances of them agreeing to remove it are extremely slim though.

 

Worth bearing in mind. Also remember that if you're going to make an offer, make sure you do this is as 'Without prejudice' or the SB clock will start all over again.

[BRIGADIER2JCS]

Without prejudice should not be used because if by any chance the case ended in litigation one could not show the court evidence of the attempt to settle.

[Soul Reaver]

So if I speak to them or acknowledge it they reset the SB clock to that date? Why is that? and why don't they just reset the SB clock once a year anyway, how would I stop them?

Edited December 14, 2012 by Soul Reaver

[BRIGADIER2JCS]

No verbals do not restart the clock, only a payment or unequivocal WRITTEN accknowledgment does that.

Creditors/dcas can't amend the data to suit themselves.

[Soul Reaver]

Seems a daft system to me, you get penalised for paying it! Not much incentive in all this apart from ignoring it all.