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Gaspanic9

Creation Consumer Finance / Lowell

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Hi,

I'm in the process of sorting out my debts,

i've just paid one off fully as I had a CCJ attached to it so i'm down to 2.

I'm going to try sort these 2 out 1 at a time, starting off first with this one.

 

A while back I bought a TV from Richer Sounds, after splitting up with the ex I fell behind on payments until I eventually stopped doing so.

 

 

Now I'm looking to get a mortgage in a few years time it's time I started cleaning up my debts/credit report.

 

Here's the entry in Credit Manager:

 

Creation Consumer Finance Ltd

Account number: ********

Name: ********

Account address: ********

Date of birth: ********

Account type: Credit Sale

Account status: Default

Date last updated: 01/11/2013

Account opened: 21/04/2007

Account opening balance: £788

Regular Payment Amount: £29

Repayment frequency: Monthly

Default date: 28/02/2011

Original default balance: £788

 

Now it says the default date was in 2011

however I'm certain I was never paying anything to them (nor did I acknowledge any debts to anybody over a few years),

how would I go about getting this default date rectified?

(In order to help getting it off my credit report sooner).

 

 

I'm not trying to run away from it,

I'll pay what I need to but first I want everything clear on what I owe so then I can set up some sort of plan.

 

What would be the first step towards this?

CCA first then take it from there or what?

 

 

I also had this posted in another thread along with the other 2 debts

(http://www.consumeractiongroup.co.uk/forum/showthread.php?406740-3-different-debts. for reference),

it was said that it probably will be enforceable

 

 

however I may be able to claim extra charges etc back?

If you need any further info don't hesitate to ask.

 

And thanks in advance!

Edited by Gaspanic9

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Hi

Firstly, do Lowell own the debt of collecting on behalf CCF? does Lowells name appear next to the entry on your credit file?

 

If you cannot remember when you stopped paying CCF, it may be worth sending a SAR to them to get copies of statements and payment dates.

This will also show what (if any) charges have been added.

 

If Lowell are chasing you, write at the top of any letter:

 

"I acknowledge no debt to you nor any company you claim to represent."


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Thanks for the response.

 

Currently on credit manager it says Creation finance

 

 

however I received a letter from Lowells with a statement and

it looks like it's been with them for a while (sorry I can't be more specific, it's only recently that i've started keeping the letters).

 

 

It does however say on it "Original Creditor: Richer Sounds PLC - Creation Consumer Finance"

 

 

so that would indicate to me that they no longer own it?

 

 

I could probably take a picture of the letter and blank out my details if it's of any use?

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It may be that CCF have only just sold the debt to Lowell so your data on the credit file should also change soon.

 

How soon after the 2007 opening date did you stop payments?

 

As for the default date showing 2011. This could be wrong. Defaults should be placed as soon as possible and certainly within 6 months of the first missed payment


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As far as I remember it would have been round about a year. It's probably close to being barred but I couldn't say for certain, I know that I've definitely not made any payments while I've been living in this home and that's been around 5 years.

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Well unless you are in Scotland you are looking at anther 12 months at least (may be more) until this is statute Barred.

 

Send the SAR and if Lowell start getting aggressive we can help slow them down


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Send a postal order as cash can go missing.

 

That template is fine or use the pdf underneath which you can fill in.


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Right, i've got it printed out, i'll get it sent off asap.Thanks

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Right, I have a pack full of information back but as i'm at work I won't have the time to fully go through it.

Had a quick scan but I haven't seen any signed contract for this account, nor do I see the default date which is on my profile on any of these documents.

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Had another check, definitely no credit agreement in there, should they have this anyway?

What I can see on one of the forms are these bits of information

 

Date of last payment: 22-Sep-08

Charge off date 28-Feb-2011

Default notice date 19-Feb-09

 

Shouldn't the default date on my credit report be 19/02/2009?

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Default notice date 19-Feb-09

 

Shouldn't the default date on my credit report be 19/02/2009?

 

From what you posted, it is!

 

It is sometimes company practice not to include the agreement within a SAR as silly as it sounds. (may be they haven't got it)Unfortunately, as they haven't included it, you could send a CCA request. This costs another....quid!

 

The default will fall off your credit file next year so that gives you 12 months to get your deposit sorted. I wouldn't bother even attempting to get a mortgage until it has gone.


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Thanks for the response!

 

Are there any types of forms I need to send off to get them to rectify this?

 

My plans for a mortgage aren't just yet anyway, i'm just trying to get everything paid off and off the credit report for the future when I will get one. I still have another debt to deal with after this one.

 

Edit: I think I know where we're getting our wires crossed.

 

On my credit report (and the first post) it says Default date: 28/02/2011

On the documents I received with the SAR it says Default notice date: 19/02/2009

Edited by Gaspanic9

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If you look in the library, there is a CCA template letter.


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I don't know if you seen this bit as I edited it:

 

On my credit report (and the first post) it says Default date: 28/02/2011

On the documents I received with the SAR it says Default notice date: 19/02/2009

 

I can send off the CCA to them to get the credit agreement though.

I just want all the information correct and know where I stand so I can take it from there.

 

Cheers

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The default date should have been as soon as the default notice time expired so yes we did get our wires crossed.

 

Filing a default 2 years after the cause of action is wrong and needs addressing with CCF. They issued a default notice dated 19/02/2009 so they should have defaulted you within a month of that date. If they refuse to adjust it, you will have to complain to the ICO. You can place a notice of correction (up to 200 words) on your credit file to explain what is what.


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I would wait and see if lowells have purchased this debt

or if they are already chasing

 

CCA lowells.

 

as for the default date.

 

theres not direct relationship between a default notice

and the defaulted date on the CRA file.

 

all a default notice does [if the default sum is not met ]

is ALLOW the creditor to default you at some point.

 

ideally this of course 'should' be near the date of the DN.

 

you could question creation as to why your file was not actually defaulted until 2 yrs later.


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Cheers all.

I'll get the CCA sent off, see if they can provide me with that for now and i'll take it from there.

I'll also see what's going on with this default notice.

 

Much appreciated!

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I'm still awaiting the CCA back,

 

the request was signed for on Signature Time: 07/02/14 07:28:00 GMT

(however I have had a letter to say they're looking for it),

 

should I be doing anything now or just continue to wait?

 

I'd just be tempted to leave it until they come back but after this debt is sorted out I want to get my final one done.

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Just continue to wait. The Leeds Losers know the rules and hope you don't. In other words, don't poke the dog


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I know it seems i'm getting pushy however i've still not received anything bar a few letters from them saying they're awaiting it. I'm quite eager to get it done and dusted so I can start off on my final debt, is there anything I can send them to give them a nudge? If they are unable to find it is there a a general timeframe that they would let me know within or will they likely just keep me hanging on?

 

Thanks

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if they've failed the 12+2 working days deadline

 

you could send the failure to comply letter

and stop any payments.

 

however, if in the future they do manage

to find the SIGNED agreement.

 

then it could get interesting.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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if they've failed the 12+2 working days deadline

 

you could send the failure to comply letter

and stop any payments.

 

however, if in the future they do manage

to find the SIGNED agreement.

 

then it could get interesting.

 

 

I haven't been paying them anyway. I guess I should see what they say/do next although I have a feeling I could be waiting forever. Once this is sorted out i'll then try and get the default date rectified before paying any monies to them.

 

Cheers!

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I finally got a reply saying they have been unable to find my original credit agreement for this account and that they are closing my account.

Is there anything I should be doing now or is that it?

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