lowells-debt re instated

[garyt74]

hi , new to the forums but not to debt unfortunatly,

been working very hard over last 5 ad half years to clear problems,

but just seem no matter how hard i try someone always wants to hold you back ,

 

i had to deal with lowells on 2 accounts they had purchased from barclays ,

one of which i fully hold my hands up to and set up a repayment plan ,

the second i had no idea of and after various paperwork was exchanged

they agreed it was un enforceable, i

t states on my credit report as a default which is satisfied with a zero balance,

now though barclays have decided to re instate it as their debt

and added 47 pounds to it so now the same debt shows twice

 

i'm puzzled as to how barclays sold it 4 years ago ,

its been marked satisfied 3 years but now they have just decided to start it again

and also how can 2 companies register a default against one account,

 

any help or advice would be great ,

not trying to get away with paying what i owe but just want to clear my records

 

Also on slighltly different subject i had a company called robinson way chasing me a while ago for a debt for ultilities from address which i'd never lived at ,

wrong DOB etc, after nearly 18 months

 

i finally got it removed from my file, not checked file for 6 months or so and was surprised to find its back on

with a different company hoist portfolio ,

 

how can anyone move forward when these people trade on missery

I have missed out on some lovely rental properties due to landlords wanting big deposits due to defaults etc ...so frustrating

[citizenB]

I am not quite sure what you are wanting advice on.

 

Can you stay with the one debt/account you have the problem with and tell us more about what has happened

[garyt74]

not really sure how to simplify it

 

but the basics are lowell hold 2 accounts in my name ,

one of which is accepted and being repaid,

the other i completly deny ,

 

lowell did their reasearch and confirmed they could not pursue the debt due to the information i provided,

but it has remained on my file as a satisfied default with zero balance ,

 

now years later barclays (who sold the debt originally sold the debt )

have re instated the default and the debt (no contact from them),

 

basicly i want to know is after they sold the debt and the default is registered

 

can they now go and open a second default against the same debt ?,

 

so effectively have 2 defaults to one debt one active and one satisfied? ,

 

and also can add charges to the original debt ?

 

they added 47 pounds

hope this is a little clearer

gary

[citizenB]

Ok, when was it first recorded on your file and has 6 years passed? If so then no further recording should be done.

 

I have posted the ICO information regarding the reporting of defaults below for you. If you think they are reporting when they shouldnt then you will need to contact the Credit Ref Agency and get a notice of correction on your file. You will also need to write to the Company doing the reporting and ask them to stop.

 

 

[ATTACH=CONFIG]42522[/ATTACH]

[garyt74]

thanks i will get the correction notice added , the default was due to be satisfied for 6 years as of next month , so pretty frustrated thinking that i'll be in a better position next month and they do this

[citizenB]

Sadly this is what Lowells do - if you check your files, you will probably see that they are doing unrecorded searches on a regular basis as well !!

[garyt74]

not sure who's to blame here but had issues with both barclays and lowells, if i could offer one piece of advice to anybody its record all calls to lowell, i have a acount with them and i actually wanted to get started repaying , so when during a phone conversation they offered a 10% reduction on my balance if i set up a repayment plan that day i umped at the chance , 10% 0f 3600 is a nice saving , but they never applied it when asked why not they said certain staff do that regularly to get results and to inore it !

[citizenB]

Oh dear.. this is one of the reasons we keep banging on about not speaking to creditors on the phone unless you can record the call.

 

If you do get caught and find yourself in the position you did, then getting a letter in the post immediately with a summary of your interpretation of the call is always a good idea !

 

IMHO, I would be writing to Lowells Head office expresing your disappointment at their underhand tactics. It is also an excellent reason to give them if they start telephoning you and you insist on communication in writing only.

[garyt74]

i made sure they don't have my number , i made the call on a mobile i no longer have and withheld the number , thought i'd covered every base but seems not ...........wise after the event ..i'm good at that

Just done a litte digging around for a address for robinson way dca , seems like the company who have registered the default against me which was for someone else have taken over robinson way , so much for my file being removed

[citizenB]

I thought Robinson Way just had a name change!!

[BRIGADIER2JCS]

My guess here is that the latest ''reportingmethod'' being used is to blame for some of the confusion here.

 

For example Bank A defaults and account/ reports default to CRAs--- Bank A sells account to DCA B -- Bank A Marks its CRA entry as settled/satisfied -- DCA B updates credit files with their details -- same default date same amount with a default marker which is correct:

 

So you have the account in the Creditors name ''settled'' the account in the DCAs name showing a default still only ONE DEBT & ONE DEFAULT.

 

In this paricular case it appears that the DCA has ''returned'' the account to the bank who now have to update the account again with their details again the Default Date MUST remain the same, as I understand the workings now the two most recent ''owners'' of the account will be displayed on CRA files, as this shows the accurate and up to date conduct and management of the account.

 

There is often a clause in debt sales to allow this to happen.

[BRIGADIER2JCS]

I thought Robinson Way just had a name change!!

 

Taken ''over'' or swallowed up by Hoist .

[garyt74]

the bit i read said the hoist had aquired robinson way , hoist is based in norway i believe , but knowing what i know now dca's could tell the truth if their life depended on it so they may well be registered in my shed ..............i'm not bitter HONEST!!

[citizenB]

Thanks Brig.. yes, I remember reading something about this on another thread.

[garyt74]

My guess here is that the latest ''reportingmethod'' being used is to blame for some of the confusion here.

 

For example Bank A defaults and account/ reports default to CRAs--- Bank A sells account to DCA B -- Bank A Marks its CRA entry as settled/satisfied -- DCA B updates credit files with their details -- same default date same amount with a default marker which is correct:

 

So you have the account in the Creditors name ''settled'' the account in the DCAs name showing a default still only ONE DEBT & ONE DEFAULT.

 

In this paricular case it appears that the DCA has ''returned'' the account to the bank who now have to update the account again with their details again the Default Date MUST remain the same, as I understand the workings now the two most recent ''owners'' of the account will be displayed on CRA files, as this shows the accurate and up to date conduct and management of the account.

 

There is often a clause in debt sales to allow this to happen.

thanks for that info, just seems so unfair that i now have 2 defaults showing for one debt the bank were forced to drop originally by their own in house team, and being 1 month off the date it falls off my file too, i regret the day i but in a complaint about barclays , they've made my life hell since, tbh i'd have rather have paid the 90 pound I DON'T owe rather than having effectively 12 years worth of defaults on my file, but they have already registered the default now without contacting me

[BRIGADIER2JCS]

This is still one debt one default any potential lender reviewing your credit file will see and interpret the information in this way, the ''life'' of the default is still the original 6 years NOT12.

[garyt74]

i hear what your saying totally, but thet have registered it as 2 seperate defaults one to lowell and one to barclays , it even looks different on my file as barclays have added costs to their claim, so to anybody veiwing they will think i did owe lowell 90 pounds but thats satisfied and i now owe barclays 137 pounds and not paid anything , so if they have only just registered their default it will not run for 6 years from the date they have registered it ?

its just i was told a while ago it only went after 6 years if it was either settled or had been inactive, not sure how true that is, ust concerned their recent action will put it back as active

[BRIGADIER2JCS]

Is one entry marked settled/satisfied???

Default entries are removed from credit files after 6 years PAID OR NOT!!

This is still one debt one default those who may view your files will see that.

[garyt74]

yes when barclays sold the debt to lowell lowell investigated it and withe the evidence i gave them came to the same conclusion as barclays had originally , that there was no way the debt could be inforced , so lowell have it on my file as satisfied

[BRIGADIER2JCS]

Then it is correct, just because a debtvis unenforceable in court, does not mean it does not exist and it can still be reported on.

So you have only one account showing an unsatisfied default.

[garyt74]

it wasn't so much enforceable in court it was their own collections department who agreed it couldn't be persued(barclays),basicly i closed the account while it was in credit , it took ages to get back the money they owed etc , then several months later they chased me for 90 pounds saying that although i had closed my account in credit the correct forms had not been signed and i still owed them for a overdraft facility and for my additions account fee's, how they thought i'd still need these after closing the account, fortunatly the people in the branch contacted the collections people and explained , thats when barclays gave up and sold it to lowell , the problem is and why i'm guessing they are looking at it again is the people who dealt with it have all moved on and it was all done via phone calls in house, nobody even got in touch about it for over 3 years and barclays have never put anything in writting stating i owe them anything

[BRIGADIER2JCS]

All I can suggest is that you take the matter to the Financial Ombudsmsn Service.

[garyt74]

fingers crossed i wont need to , seems i was miss informed by a "friend" so if it does vanish after 6 years it will be gone very soon , just had it in my head it would be reset hence my 12 year thinking

thanks for the advice

[BRIGADIER2JCS]

Takea look through the information that the CRAs give on the credit reprts