Three / Lowell Portfolio

[Starbl00d]

Hi Everyone,

 

I've got a particularly horrible problem on my hands . . . well two of them, but let's start with this.

 

In July 2013 I left the UK to live in America.

However, during the move I neglected to settle an accuont with Three for a SIM used in a 3G iPad.

 

Sometime in the last few weeks, I checked my credit report and there is a default.

I should not be surprised, but I am upset about it, my UK credit was largely OK,

but now it's completely useless, which sort of traps me here in another country.

I can't rent or get a mortgage, or probably even get a phone.

 

Ok - I approached Three and asked nicely. I will pay £49.08 if you completely remove the default.

They refused.

 

I asked for the original credit agreement, default notice (which i never saw) and the deed of assignment as it ended up with Lowell Portfolio. They responded that a SIM is not governed by the consumer credit act.

 

This seems bleak - the default was added in 2014, I have a VISA until 2018. This is really not good!!!! at all.

 

I have requested the same information - credit agreement, default notice and deed of assignment as a SAR under the DPA.

I am still prepared to pay this money, as long as they remove the default

- a settled default is no better than an unsettled one, as I understand it.

 

My idea is this - I think for a default to be enforceable, I needed to have seen it? Which I did not.

 

There is one other piece of weirdness in all of this.

I use my Mum's address for all my correspondence,

however I totally forgot about this Three SIM, so I did not update my address.

 

 

However, when I spoke to Lowell Portfolio - they had my Mum's address

and lo and behold just last week whilst this all blew up

- my Mum received a letter from them!

 

- they claim to have contacted me, maybe they did - I don;t know I was in America.

Yet, my Mum is very fastidious at opening my mail and emailing me.

 

 

they had her address but did not send anything prior to the default?

How did they get her address?

And is this relevant to their claim that 'they tried'

 

Can anyone offer any advice, any suggestions - any argument, or mechanism I could attempt?

I'm not even looking to dodge this;

I made a mistake and should pay it.

But, I feel that a 6 year penalty on an otherwise clean credit report for such a small sum is just unfair.

 

I have made a SAR under the DPA - I'm hoping with this extra information something might arise in my favour?

but, i really don;t feel confident. Being trapped in another country - sure isn't as much fun as it sounds.

 

Really hoping someone has some advice, or an idea - or any suggestion that I could try! I have money available, and I have time; I just need to somehow get this default cleared.

 

Thanks a lot in advance.

[martin2006]

The default unfortunately sounds legit and will be very difficult to get removed. You moved abroad and didnt tell them so it naturally defaulted in your absence.

Unless you can prove that the default was incorrectly reported in some way other than an address issue then you are stuck with it for 6 years from the date of default.

If the defaulted amount had any charges included in it then that may be a possible avenue to pursue but will mean you potentially attending court in the uk.

They are correct in saying that a mobile contract/sim has no CCA agreement

[dx100uk]

why are you 'trapped' in another country?

it a civil debt

nothing to do with stopping you travelling at all

and not sure what other sites you are visiting?

but the three letter whip, re freemen of the land

wont help you at all.

 

 

there is no requirement for any letter to be sent anywhere

before a company defaults you

as for lowells

you really need to stay off the phone!

they are NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

dx

[Starbl00d]

Trapped in the sense that with a default - getting a rental house is unlikely - credit checks. Getting a car loan - nope! Finding another job - not guaranteed. I wonder if I would even be able to get a mobile phone?

 

Maybe I was being overly dramatic - but, I don;t have a lot of options, with such a poor credit rating showing a default. I have heard that a settled default is not really any much better than a non-settled one?

 

Yeah - I phoned Lowell once, didn't like their attitude, won;t be calling back. But, you say there is no legal requirement to notify before applying a default?

 

I've heard/read that some people have been lucky getting default removed for small amounts by a gesture of good faith?

 

And lastly - let me ask this, if I may. Three could remove the default, right? I mean it is within their technical and legal power, they just choose not to?

 

Thanks for the response - only more 4 years to go . . . !!

[martin2006]

As it appears that the default has been regd correctly you will struggle to get three to agree to its removal whether the small amount outstanding is paid or not, they are obliged to report a true reflection if how the account has been operated.

You are right in the sense that they can, at the touch of a few keyboard buttons remove it but getting them to agree to is a completely different matter.

[renegadeimp]

Stop ringing Lowell. They don't care about you and will say anything to get you to pay. As for one default that small, it's not that serious at all. Plenty of places will rent to you, let you finance a car and get a phone. You can even get credit cards.

 

Especially if the default was old