Lowell adding their own accounts to my credit files

[bettybrush]

Hi,

 

I don't know if anyone is able to give me any advice.

 

Three or four years ago I had some financial troubles.

 

Recently I decided to get my head out of the sand and I ordered copies of my credit files.

 

I have found that in addition to the actual accounts that have been defaulted (bank account and storecard etc)

Lowell Financial have also added their own default.

 

The main question that I have is can Lowell do this?

 

I was intending to try and pay back as many companies as I could, but I object to paying two people for the same debt.

 

In addition to this my credit file will never clear as Lowell's default date on some of the accounts is nearly a year after the original holders date.

 

Thanks in advance.

[Sidewinder]

Lowell cannot add a new default, but on purchasing a debt can change the name of the creditor, or can substitute a default in their name but the other details should remain as they are.

 

You also should not be chased for the same debt by two different companies. You would be able to insist that Lowell remove their marker and update the original default notice.

 

So, who was the original creditor and what is the current status of the account - I wouldn't be surprised if Lowell, in addition to their many other sharp practices do this to encourage dialogue or acknowledgement of a debt where they have been unable to make contact in other ways!

[WindySock]

Lowell can add their own entry in addition to the original creditor's as long as it's clear it relates to the same debt, the original is marked as settled/zero balance with a debt assigned marker, and the default dates etc remain the same.

 

As said, wrong dates are either plain incompetence, or a ploy to force you to make contact to get them corrected.

[dx100uk]

no point in paying the debts off really either

 

it WONT improve your credit file

if theres a defaulted date registered

 

that's there for 6yrs regardless of what you do.

 

I'd be sending every one that owns your debts

a CCA request

before you ever think of paying anything

 

dx

[WindySock]

Only point would be to head off any potential CCJ, but you have to use your own judgement on how likely they would be or if it bothers you if they did.

[bettybrush]

Hi

 

 

thanks everyone. I will write to them to see if they will change it. They and a company called Cabot have done a credit check on me lots of times. Sometimes more than once in a day. I might ask them to lay off that too.

 

 

Betty

[Bazooka Boo]

The searches done by these jokers, can only be seen by them and by you, however if it is an excessive amount of searches, then

you are well within your rights to complain,

 

And why are you asking them to change it?

Don't ask, DEMAND they change it and change it yesterday else they will pay you for their indiscretion, and pay you handsomely too!

You can also place a notice of correction on your file against their entries.

[knet2020]

Lowell can add their own entry in addition to the original creditor's as long as it's clear it relates to the same debt, the original is marked as settled/zero balance with a debt assigned marker, and the default dates etc remain the same.

 

As said, wrong dates are either plain incompetence, or a ploy to force you to make contact to get them corrected.

 

I have noticed this on my account today,

what is concerning regarding Lowells current tactic of using a 'Default date' as 'cause of action'

is that when you look at the historical balance it only relates to the time Lowell took over the assignment.

 

This seems like an attempt to show no payments have been missed BEFORE the account default

which would be key in any Statute Bar defence.

 

Even speaking with original creditors is pointless as they pass all details on assignment

and the 6 years of account statements will probably not be available via a SAR

as once accounts are closed they have no requirement to keep the information apart from the statutory minimums.

[dx100uk]

lots of if's and buts in your theory

 

 

there is no direct link whatsoever between defaults, defaulted date and default notices in relation to statute barring

nor cause of action. esp on any credit covered under the cca.

 

 

dx

[bettybrush]

Hi,

 

I have been trying to get Lowell to send me copies of all the details they hold for the accounts they have in my name.

They have tried a couple of times to get a CCJ so I am trying to get organised

and work out what I actually owe so that I can be ready for any more tries etc.

 

 

I have been using Reslover to contact them and despite this and the direct contact I have had with them

they have not sent me any statements or understandable proofs of debt etc.

 

 

I have now had the following email from them,

but I don't understand what a non-regulated account is.

 

 

Can anyone enlighten me?

 

Thanks in advance:

 

I’m writing to update you on the progress of your complaint investigation. Thank you for your patience so far.

 

In order to investigate your complaint fully, it has been necessary to gather

and review relevant information about your case and this is taking longer than anticipated.

I hope to have completed my investigation and be in a position to provide you with a full response as soon as possible.

 

It has now been eight weeks since we received your complaint.

You have the right to refer your complaint to the Financial Ombudsman Service, free of charge.

 

Although there are time limits for referring your complaint to the Ombudsman,

we will consent to the Ombudsman considering your complaint even if you refer the complaint outside the time limits.

 

For more information, the Ombudsman’s consumer leaflet, “your complaint and the ombudsman” can be accessed via the following hyperlink: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm alternatively, you can visit their website www.financial-ombudsman.org.uk

 

This service relates to regulated accounts only,

which excludes your account references 1xxxx, 1xxxxx6, 10xxxxx3 & 1xxxxx43 which are non-regulated.

 

If you would like to discuss your case further at this stage, please feel free to contact us on Freephone 0800 542 0058

 

Yours sincerely

 

Robert Sharman

 

Head of Compliance

[dx100uk]

unregulated means not covered by your CCA request..

so what are the debts they have?

 

 

dx

[bettybrush]

Hi Dx,

 

thanks for getting back to me.

Lowell have three accounts for O2 (I dispute this as I would only ever have had one account),

 

 

one for Vanquis,

one for JD Williams,

one for EE and

one for Express gifts.

 

 

I think that's all of them.

 

 

I think the O2 accounts are the ones that are unregulated.

[dx100uk]

what are the defaulted dates?

[bettybrush]

Hi,

 

 

the O2 accounts are defaulted 10/2011,

Vanquis defaulted 11/2011

JD Williams defaulted 11/2011

EE defaulted 12/2011

and Express Gifts defaulted 02/2012.

[dx100uk]

so bar the 2 mobile debts

each of the others

lowells have had a CCA request

and have failed to comply within 12+2 working days?

if so they get nowt

not really an awful lot your can do to remove the defaults

paying wont remedy your CRA file.

 

 

dx

[bettybrush]

Thanks Dx. I will just leave them until they drop off my credit file.

[bettybrush]

Hi,

 

 

I have been getting some replies (finally!) from Lowell. One of them states:

 

 

Following receipt of your complaint, logged on 9 February 2015,

a query was submitted to Vanquis to request further documentation on the account.

I note that to date we have not received the requested information.

Therefore I have made the decision to close this account.

For clarity, this does not mean that the debt is no longer due or valid or that the default should no longer be reported.

A default will remain on your credit file for six years from the default date of 30 November 2011

as the credit file of an individual must give a true reflection of how credit has been managed,

including the recording of defaults where the relationship between the lender and borrower has broken down.

 

So I take it this means that all they are going to do is stop sending me their debt chasing letters?

If they can't get the proper information is it not possible that I can get the entry removed from my credit file?

I am not asking them to remove stuff that is accurate,

only the ones that are not completely correct.

Thanks in advance

[dx100uk]

having no cca is no reason to remove a default sadly.

the OC would have placed it before the sale to the debt buyer

they are your target.

 

 

dx

[bettybrush]

Thanks Dx,

 

I have written and asked for the information but been ignored.

 

 

I will do an official data request now.

 

 

Is it right that both the OC and the debt collector can add information to my credit file?

 

 

Surely this just makes my file twice as bad because it looks like I have 2 bad accounts?

[dx100uk]

dual entries do not hurt your score

as long as the defaulted date is not changed.

[bettybrush]

OK, thanks Dx

 

 

Can you tell me what it means when the say 'unregulated account' when talking about some of the debts that I have?

[martin2006]

Unregulated means not covered by the consumer credit act in its simplest terms

[bettybrush]

thank you Martin. Does this mean that they can still take me to court for the money they are claiming I owe them, but that I can't complain to anyone if they are not acting professionally in the way they are debt collecting me?

[dx100uk]

consider sending the OC on these unregulated accounts an sar.

get all the details.

might be worth while

in case the worst does happen.

then we/you will be prepared.

 

 

so EE and o2

 

 

FWIW most mobile debts that get a claimform tend to be dropped or stayed

going by these forums

as long as YOU FILE A DEFENCE