2 Defaults for the same debt?

[isabella2008]

Hi there everyone,

 

I have recently started trying to repair my credit file and wrote to all the lenders who defaulted me asking them to give me a full and final settlement fee. I received a response from Barclaycard to day to say they sold off my debt which they defaulted at £1198 to Lowell Portfolio for £745 in 2010 and told me to contact them to settle this. I also noticed a default of £745 by Lowell Portfolio and wrote to them at the same time. Putting 2 and 2 together I gather that these dafualts are for the same debt. Please can anyone advise me of the legitimacy of this? Also what can I do to about them as I am willing to settle with an offer? If I do this with Lowell will they both show the debt as settled? Please help!

 

Many thanks

Izzy

[BRIGADIER2JCS]

High welcome to CAG.

 

Does the Barclay Card entry show a settled and is the default date the same on the Lowell one.

[isabella2008]

Hi there,

 

No is it still default with Barclaycard and the date on Barclaycard is June 2009 and Lowell is November 2011.

[BRIGADIER2JCS]

OK, send this by recorded delivery to The Data Controller at Lowell (don't use the box number address).

 

Formal Complaint, Breach of DPA 1998.

 

Ref: Credit Reference File.

 

Sir,

 

I do not acknowledge any debt to Lowell or any company you claim to represent.

 

I have recently checked my credit reference files held by xxxxxx credit reference agency (copy attached), Lowell have place an entry in regard to a Barclaycard Account alleged debt £745.00. Default date November 2011, as I am sure you are aware Lowell are not at liberty to change the original default date registered by an original creditor, the placing of such falsified information will be viewed very seriously by the Information Commissioners Office.

 

I am aware that some debt collection agencies have attempted to claim that they can replace a default date with the date the aquire or are assigned a debt again I am sure you are aware of this.

 

I now require Lowell to remove the incorrect data from ALL credit reference files immediately and to confirm compliance in writting.

[isabella2008]

Great, thank you so much. Does it matter that I had already written to Lowell at the same time to ask for a settlement figure without quetsioning this debt?

[BRIGADIER2JCS]

No changing the default date is a serious matter, might even get you a lower figure.

[isabella2008]

Thank you! Happy New Year!!!!!

[isabella2008]

One more question, if I settle with Lowell, will they both show as settled?

[BRIGADIER2JCS]

One more question, if I settle with Lowell, will they both show as settled?

 

 

One of these entries Must be removed so the remaing one should be marked settled or partially settled.

Did your offer state that any remaining balance should not be sold on.

[isabella2008]

No, I haven't yet made an offer. I just wrote to both asking what a settlement they would accept, Barclaycard wrote and said I need to deal with Lowell so now I guess I need to pay off Lowell, but if I pay Lowell, will Barclaycard also remove their default?

[BRIGADIER2JCS]

Ok let's get this straight for you!

Paying this debt in full or as a full & final settlement is not a guarantee for getting the default entry removed, as a creditor/DCA has to report an accurate and up to date reflection of the conduct of the account eg.

1.The whole balance is paid off == the entry is marked satisfied.

2. A full and final settlement for an amount less than the full balance is agreed then the entry is marked partially settled.

 

A F&F offer has to be carefully worded other wise any remaining balance can come back to bite later on.

 

If you want to make this offer I can draft a letter for you.

[isabella2008]

I would really like to do the best thing to get my credit file looking better than it is. If offering a settlement does this then yes please I would love a letter drafted.

 

Thanks

[BRIGADIER2JCS]

Will do.

[BRIGADIER2JCS]

Letter to the Compliance Manager

at Lowell send this by recorded delivery check when they receive it.

 

Ref: use theirs.

 

 

FULL AND FINAL SETTLEMENT OFFER (Conditional). Re: Debt For £xxx .xxx

 

Date xx xx xxxx

 

Dear sir,

 

I am prepared to make a full and final settlement in regard to this alleged debt this is made without admission of any liability as a gesture of good will and is made on the understanding that Lowell confirm the following conditios are met in full.

 

1. The offer is for £ xxxx .xx in full and final settlement.

2. The remaining balance will NOT be sold or assigned to any third party.

3. All references to this alleged debt are removed from ALL credit reference agency files on acceptance of this offer.

 

For clarification I do not acknowledge any liability for the alleged debt, this offer is open for 10 working days from the date of this letter, Lowell MUST send written agreement within that time scale, on receipt of Lowells agreement payment will be made within 7 days.

 

Isobella, I suggest that you start your offer at no more than 10% of the outstanding balance to start the process, this gives you room to negotiate, which no doubt will be necessary.

 

Brig.

[BRIGADIER2JCS]

Looking in as requested. OK send this with copies of the file entries to:

 

The Data Controller

Barclays

 

Re: use theirs.

 

Complaint duplicate credit file entries.

 

Sir,

 

I refer to the entry made by Barclays on my credit files reagrding the dbt for £xxxx.xx which has been sold to the Lowell Group, my credit file now shows entries for Barclays and Lowell and have differing amounts showing which is obviously incorrect as the account is now owned by Lowell I require you to remove the banks entry forthwith as it now appears that I have two defaulted accounts on my credit records.

 

I have enclosed cpoies of the file entries for clarification.

 

Please confirm in wriiting within 7 working days that this entry has been removed from ALL credit reference agency files.

 

Send recorded delivery.

[luluspice]

I am having similar problem. Barclays sold debt to Lowell who have changed the default date to more recent. The debt was over 5 yrs old when this was done. FSA are useless!!! They say Barclays did not default debt as we entered into payment arrangement - we went into a DMP for all our debt, minimal payments. I have had a lot of back & forth with FSA. I have pointed out regardless of no 'Default' the date of default is from when we FIRST missed payments - Cause of Action etc. They are siding with Barclays/Lowell. Hubby has mental health problems and it is against lending code to sell debt when this is known - they were advised repeatedly! I have no faith in FSA anymore. Debt will never get paid. So tough luck Lowell!!!

[BRIGADIER2JCS]

IF the default was place more than 6 months after the cause of action it can be challenged, this comes under control of the ICO, not the FSA, so if the default has been entered after a much longer period of time say 2-3 years it should be reported to the ICO.

[isabella2008]

Thanks Brig

[luluspice]

Thanks Brig, I will check that out.