Hutchison 3G / Lowell Portfolio 1 Default

[cjuk]

Hi,

 

I had an old default with Hutchison 3G for a contract I had for a number of months a couple of years back. Same old story, the service was awful, I made many complaints about their billing, poor signal, chasing money which they would not send me invoices for - unfortunately all by telephone so I probably can't prove any of my complaints.

 

I've recently noticed that the Hutchison 3G default had disappeared and it has now reappeared as Lowell Portfolio 1 a few weeks later. I understand this now means that the debt has been sold to Lowell Portfolio 1. I have a number of questions I would really appreciate some help with.

 

1. I'm quite certain that the default before was not appearing on CallCredit (Noddle), however now, after it has been sold to Lowell Portfolio 1, they have now added a default under their name. I was under the impression they could only replace an original default not file a new one? Do I have any right to get this removed if this was the case?

 

2. Whilst dates etc. check out on the default, the new balance amount showing at the CRA is over twice as much as the default balance, and indeed the amount owed to Hutchison 3G - are they allowed to just randomly add charges after they have purchased the debis t?

 

3. This debt was chased by a DCA not long after the debt however it has been quiet for some time - I have never received a Notice of Assignment, or any kind of documentation to tell me this debt has been passed to Lowell Portfolio. In fact, I haven't even been contacted by them as of yet - I have only noticed the default notice along with a search on my credit report.

 

My ultimate goal is to now get this default removed, however unlikely. I know that a mobile contract isn't a CCA etc. but do I have a leg to stand on in any way?

 

As I mentioned, I was originally contacted by DCA a couple of years back, I ignored them and did end up receiving a discounted offer - does this mean they are getting desperate? My only thoughts are though that I think back then, the debt was still owned by Hutchison 3G and now I believe it must have been sold completely - despite me receiving no notice of this.

 

I did toy with the idea of contacting Hutchison 3G to try and pay the debt (or indeed transfer it into their account with my reference number as I doubt they would accept payment over the phone if the debt is sold), and then dispute with the DCA as I have already paid the debt.

 

I'm probably clutching at straws here, but is there anything I can have a go at? My credit record is clean other than this one default and I would like to sort.

[fkofilee]

Well isnt that a surprise.... :/ Lowell once again here...

 

As for the default, im not sure... the only way to really get a default removed is challenging it and with Lowell thats impossible.

I know first hand what they are like.

 

Charges / Penalty fees can and should be reclaimed... They are unlawful... However im not sure how youd go about this with a DCA...

You also mentioned via an old DCA they offered a discount? ... Sometimes this means it may not be enforceable however this then becomes a very grey area

 

Deal with Lowell in writing... etc... Best way for it.

[BRIGADIER2JCS]

Hi Welcome to CAG.

 

1. Noddle although free tends not to be up to date as it uses '2nd hand' data, so wise to check a main agency.

also the 'settled entry' from H3G can show side by side with the updated entry from Lowell, it does show the true conduct/progress of the account. ( you can ask H3G to remove their entry if it worries you although it in not 2 defaults for the same debt).

2. Lowell probably did not add the charges. The default sum is the amount needed to remedy the account and bring it back within the terms of the contract, which will obviously be less that the full outstanding balance.

 

3. Lowell will be in touch as soon as they decide to pursue the debt.

 

Hutchinson have sold the debt paying them will not help you.

 

Did you just stop paying the account e.g. stopped a direct debit? If so this will account for cancellation charges etc.

 

Having dealt with 'complaint' by phone I would not hold much hope for getting the default removed.

 

How much is actually owing?

[cjuk]

Hi Thanks for your replies,

 

The default does show on Equifax, and I would assume Experian although I've never checked. It was just CallCredit it never appeared on for Hutchison 3G (the middle of 2011 was the default date). I'm not too fussed, I just pretty sure it is now a new default as there wasn't one reported to CallCredit before.

 

There is no entry for Hutchison 3G any more, it was removed about three weeks before Lowells filed their default.

 

The default sum is the only amount I was ever aware of before Hutchsion terminated the account, this inflated sum never appeared on the Hutchison 3G default and the balance on the previous default was the default balance. The sum is less than £200 and there has never been any charges added onto the amount owed from Hutchison.

 

The new balance on the account is over £500 despite the default balance still being what it was originally - I am pretty sure these are Lowell's charges, but are they allowed to do this? I would assume that the balance being put in higher than before would make an even worse mark on my credit report than before?

Edited September 8, 2013 by cjuk

[BRIGADIER2JCS]

As said I doubt Lowell have placed the charges, the default sum is what is need to put the account back within the terms of the contract, cancellation fees and the full balance would be the Final figure.

 

If you want the answer SAR to H3G.

[cjuk]

Thanks Brigadier,

 

So if Hutchison 3G have no record of this balance then would this mean the default has been misrecorded?

[BRIGADIER2JCS]

Thanks Brigadier,

 

So if Hutchison 3G have no record of this balance then would this mean the default has been misrecorded?

 

No I don't think this is the case here, there I often confusion regarding the 'default sum' and the outstanding balance, especially with telecoms service agreements where cancellation charges are added when the account is closed.

[cjuk]

I had spoken to Hutchison 3G less than a year ago though as I was going to pay this, and upon calling up they confirmed the smaller amount was what I owed. I will SAR Hutchison 3G as I do have absolutely no idea where this new balance has appeared from. The only way I could see this being Hutchison 3G is if they add a charge when they sell the account.

[cjuk]

...Sending a SAR to Hutchison 3G today.

 

Interestingly the default balance is actually a couple of quid different to my last ever statement from them.