Two Defaults for the Same Debt - Lowell / Halifax

[pavlovthecat]

Lowell has issued me with a county court claim for an amount left on an old debt. They state they purchased this debt from Halifax earlier in 2013. I have another thread open in relation to the court case, access to info etc.

 

I have just accessed my credit report (experian). It shows two entries for the same loan.

 

1. It is recorded as Lender: halifax. Balance: '£xxx and Status: Default. Default date is 11/02/2011. This has not been updated since 2012, which makes sense if they sold it on. It is also in my married name.

 

2. Lowell Portfolio. Balance: £xxx (slightly different amount) Status: Default date is 16/02/2011. It is in my maiden name.

 

Can there be two defaults for the same debt? It reads like I have two loans, both of which I have defaulted on, when it's the same loan and there is nothing to link the two.

 

I get that Lowell are now the owners and therefore are going to be adding their input onto my credit file, but how should this be recorded, to show that there are not TWO defaults (different amounts, different default dates would suggest to a third party that I had two loans at the same time, defaulted on them both rather than one loan balance being sold to another company).

 

Is this wrong, and if so, how do I go about getting it amended?

 

Thank you

[rebel11]

Hi pavlov

 

There should only be one default, for the loan. If the debt has been sold then the Original Creditor should have closed their entry on your credit file, so it appears under 'Closed Accounts'. That's my understanding of what should happen. It looks like you have wrong information on your credit file. There should only be one default date.

 

Lowell has issued me with a county court claim for an amount left on an old debt. They state they purchased this debt from Halifax earlier in 2013. I have another thread open in relation to the court case, access to info etc.

 

I have just accessed my credit report (experian). It shows two entries for the same loan.

 

1. It is recorded as Lender: halifax. Balance: '£xxx and Status: Default. Default date is 11/02/2011. This has not been updated since 2012, which makes sense if they sold it on. It is also in my married name.

 

2. Lowell Portfolio. Balance: £xxx (slightly different amount) Status: Default date is 16/02/2011. It is in my maiden name.

 

Can there be two defaults for the same debt? It reads like I have two loans, both of which I have defaulted on, when it's the same loan and there is nothing to link the two.

 

I get that Lowell are now the owners and therefore are going to be adding their input onto my credit file, but how should this be recorded, to show that there are not TWO defaults (different amounts, different default dates would suggest to a third party that I had two loans at the same time, defaulted on them both rather than one loan balance being sold to another company).

 

Is this wrong, and if so, how do I go about getting it amended?

 

Thank you

[pavlovthecat]

That's what I thought, but wasn't sure who it should be recorded as. Lowell also own a debt which is like £20 from 3 mobile. I got a letter today about it which is why I checked my credit file again for first time in a while, and that debt is not there twice, so it made me think that this other debt shouldn't be.

 

So. The question is, how do i get this other one removed? And, if the default dates are wrong here, does that have any bearing on the court claim, or can that just be down to simple admin error or something? I worry that Lowell will make up a Default letter, and put their date down, I wonder if Halifax's own date on the credit file will demonstrate that the letter is not a copy of the original default letter.

 

Either way, I want it removed, as I presume that two defaults affect my credit score more negatively than just the one from this loan?

 

Thanks for replying Rebel11

[rebel11]

Hi Pavlov

 

O.K. I see you've already started a thread in 'legal'.

[pavlovthecat]

Hi Rebel11, it is an unsecured loan which I took out in 2004. I paid most of it off and then due to other stuff going on missed the final few payments. I dispute the amount owed though, it is much too high. So, I have not yet acknowledged it and stated that I will defend, but I was going to defend on the basis that I don't believe the amount to be right and have no information to defend myself with.

 

I had asked on my other thread about accessing the info, and Andy has suggested I use the CPR 32.14 (?) to get documents stated in particulars, Section 77 for the agreement, and SAR for everything else. I was planning on doing all this at the weekend, and then, if no information has been received by the date my defence is due, then I was going to state that the information needed to defend myself has not been made available.

 

I am bothered by there being two different default dates, as it means someone is lying. I don't recall getting a default letter at all (doesn't mean I didn't, wish I had kept all my documents now)

[pavlovthecat]

yep! feel free to comment if you have anything useful to add that will help me get everything in the right order.

[rebel11]

Hi pavlov

 

Andy has given you great advice, information is really the key here, so lets see what they send. As it stands, concentrate on sorting out their court claim.

 

yep! feel free to comment if you have anything useful to add that will help me get everything in the right order.

[pavlovthecat]

I will, then once sorted, i can address the defaults, but good to know there should only be one per debt.