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Morning all

I have a query regarding a default entry on my credit file from Lowell

who have placed 2 defaults for 2 loans in April 2016.

I have not responded or made any payments to these loans since around 2011 ish I think.

 

After checking Callcredit last night I can see they have just placed these defaults on.

 

Lowell sent me an email asking about one for the debts to which I responded

I did not recognise this debt I then sent them a letter last week

disputing that I recognised any such debt to Lowell etc and awaiting response.

 

The other debt I have had no correspondence no assignment letters or letters from Lowell demanding payment etc.

 

I am going to write to Lowell to have these removed

but is there a template I should be using as I don't want to start the clock on these

as I believe they could be or are close to statue barred .

 

Obviously Lowell have recently pruchased these but I am fuming they can stick such a default on

as the original default date will probably be around 2010/2011.

Any advice most welcome

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What is the default date on both accounts as per Noddle?

Also check Clearscore.

 

14/04/2016

 

What is the default date on both accounts as per Noddle?

Also check Clearscore.

 

Sorry that is for two different debts so bear with me

 

What is the default date on both accounts as per Noddle?

Also check Clearscore.

 

Nope I was right 14/04/2016... I am just trying to see when the original lender defaulted and closed account

 

Nope I was right 14/04/2016... I am just trying to see when the original lender defaulted and closed account

 

They also have an entry of QY for March and April on both

 

They also have an entry of QY for March and April on both

 

Sorry got this wrong they are in fact overdrafts both to Halifax ! According to Experian credit report dated end of 2015 Halifax defaulted 21/03/2014 on one account the other is not even showing !

 

Also noticed they have two credit cards as well for Vanquis and Cap One again with new default dates and these are not showing on my previous reports but again suspect 2010-2011 era when the OC defaulted and closed

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prove the old defaulted dates when the debts were still owned by the original creditors.

lowells cannot change that date..end of

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Thanks for that just a quick update :

Vanquis acct - No CCA documentation after 12+2 & 30 days so section 10 sent

 

Cap One - CCA request sent 22/6

- Lowell tried to change date of request from 22nd to 29th in their we acknowledge your request letter

so letter sent reminding them of timescale

 

Halifax acct 1 - 2 x letters sent asking to prove it after 3 x letters from Lowells saying you owe money

 

Halifax acct 2 - 2 x letters sent after 2 x letter from Lowells saying you still owe

 

I want to get these defaults removed

so is it worth pushing Lowells to provide documentation to prove they are entitled to collect this such as NOA - Default notices etc

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Defaults stay regardless as long as they are a True record of the state of an account, even if paid off or partially settled, for 6 years England/wales or 5 years scotland

:mad2::-x:jaw::sad:
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if I ask the CRA's to remove these defaults if found in my favour etc

will this not be reflected when a credit search is performed

 

If anybody does a current search I assumed the default part would be removed along with the listing of the loan or card etc

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If you had/have an account that is in default with the originator then it will stay on file regardless who owns it now, even say the alledged debt is fully paid off. or partially settles, entries would read settled or partially settled, but of course say you were going to ask for Full/Final settlement then you could ask as part of the settlement that any default etc is removed part of the settlement, may work or may not, But as to Factual debt being owed as said the True fact it exist regardless as I said it will stay on record for the period of time then automatically drop off record of the CRAs.

 

Many of us wish entries could be removed by CRAs but the owner are the ones who make entries & are obliged to make sure entries are correct as per rule, as said many of use wish we could due to latest fact get them removed - and it has not been possible.

:mad2::-x:jaw::sad:
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Thanks cogger !

One other question in that respect !

 

 

Lowells have added the default dates as of this year but it should be 2011

 

 

do I need a template letter to ask them to adjust the date to original default

as I could try this via the CRA's but suspect they will decline and refer me back to DCA.

 

Also I have disputed these debts with Lowell so need to proceed with caution

- Is it better to deny and send a letter to say remove default or just adjust default date from the original provider ?

 

If they adjust default date back to original say 2010/2011 then this will drop off next year is that correct ?

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One other question - Would I have received a default notice for an overdue bank account ? I believe these are still required if payments or payment plans are missed

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not sure what sites you are reading

but the 30 days went out the windows years ago.

 

same as the section 10 notices thing.

 

pers id not be chasing failed CCA's

they know the score.

 

are you sure the defaulted dates have been changed by the DCA?

or is it simply an update.

if they've changed them

the a simple letter to the DCA is ALL you need.

inc proof of OC default

and give them 14 days to correct it

else you'll raise a complaint with the ICO.

apart from those letters

i'd not be sending anything else.

 

 

continued letter tennis with anything else is totally pointless

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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One other question - Would I have received a default notice for an overdue bank account ? I believe these are still required if payments or payment plans are missed

 

Its not a default notice per se as in running credit ie sec87 of CCA1974...

 

Its a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974)

We could do with some help from you.

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not sure what sites you are reading

but the 30 days went out the windows years ago.

 

same as the section 10 notices thing.

 

pers id not be chasing failed CCA's

they know the score.

 

are you sure the defaulted dates have been changed by the DCA?

or is it simply an update.

if they've changed them

the a simple letter to the DCA is ALL you need.

inc proof of OC default

and give them 14 days to correct it

else you'll raise a complaint with the ICO.

apart from those letters

i'd not be sending anything else.

 

continued letter tennis with anything else is totally pointless

 

OK that is great information

but if no CCA then the debt is unenforceable so far !

Is the timescale 12+2 the only one that I should be focusing on then ?

 

If no CCA I am surely in a better position to tell Lowell to either stick it ,

agree a one off payment or tell them the account is in serious dispute etc..

 

At the minute Lowell keep sending the std you have not paid rubbish

but I would like to get rid of these accounts if they can not produce the documents

and therefore will not force court action hence the questions on default entries.

 

If they cannot prove they owe this debt then I can I not have them remove the defaults ?

 

Yes defaulted dates go back to 2014 so they are updates

but the OC dumped these accounts around 2009/2010

I believe so that is when Lowell took them on .

 

Its not a default notice per se as in running credit ie sec87 of CCA1974...

 

Its a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974)

 

Thanks !

So my idea is to send a letter off to Lowells asking for proof plus NOA and any other relevant documents hence the question.

I dont think they can produce anything

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Thanks !

So my idea is to send a letter off to Lowells asking for proof plus NOA and any other relevant documents hence the question.

I dont think they can produce anything

 

Wont have any effect on the default..it will remain for 6 years from the default date

We could do with some help from you.

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Wont have any effect on the default..it will remain for 6 years from the default date

 

Rats I thought the CRA's would remove them ! So I guess the best action would be to get the correct default dates on so at least they will drop off sooner !

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Rats I thought the CRA's would remove them ! So I guess the best action would be to get the correct default dates on so at least they will drop off sooner !

 

:thumb:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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OK that is great information

but if no CCA then the debt is unenforceable so far !

Is the timescale 12+2 the only one that I should be focusing on then ?

 

If no CCA I am surely in a better position to tell Lowell to either stick it ,

agree a one off payment or tell them the account is in serious dispute etc..

 

At the minute Lowell keep sending the std you have not paid rubbish

but I would like to get rid of these accounts if they can not produce the documents

and therefore will not force court action hence the questions on default entries.

 

If they cannot prove they owe this debt then I can I not have them remove the defaults ?

 

Yes defaulted dates go back to 2014 so they are updates

but the OC dumped these accounts around 2009/2010

I believe so that is when Lowell took them on .

 

 

12+2 working days.

 

 

no CCA put you in a stronger F&F position yes

but no point

as the default is there for 6yrs regardless.

 

 

there was a time you could negotiate its removal

but we've not heard of that working in several years now

 

no such thing as in serious dispute anymore

so no point in sending any CCA failure letters etc etc.

 

 

no such thing as no cca = no/remove default, never has been.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Okay thanks for all the great advice !

 

I have got details off other sites hence the section 10 , was worth a shot at least.

 

I am disputing the actual default dates though as by my calculation

they must be close to dropping off the CRA

 

which explains the sudden flurry of DCA toilet paper being sent by Lowells and Cabot .

 

I was prepared to offer a f&f but pointless if defaults are still going to be on ,

 

will let the DCA decide if they want to continue

or be really cheek and offer them a quid ;0)

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You would have to wonder why the original creditor sold it on to another company for a fraction of what they would have received had they taken you to Court..........

 

Well communication had broken down despite my best attempts !

 

 

Lowell seemed to have found some money down the back of the couch and started buying up debts of which they have four of mine.

 

I got fed up with the std we are here to help blah blah ,

set up a payment plan blah blah

followed by we will take you to court etc and costs added will be etc etc ...

 

I give up trying to communicate with Lowell and investigating further

I don't believe these guys have the correct documentation

plus the sadistic side of me wants them to work for the money

hence the current CCA requests.

 

I can see two of these debts ex credit cards will not have any documentation as written off by the original OC around 2010.

 

Quick question !

If the original default date is 2010 and I dispute the 2016 date with Lowell/CRA's etc and force them to change the date, in theory the default will drop off this year if my dates are correct ?

 

Just had a thought that if I try to dispute the default date will that be the same as admitting liability for the debt ?

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Yes the original default is the one that counts.

 

If the six year rule is almost up,

I wouldn't complain yet to avoid any danger of acknowledging the debt is yours

and thus extending the time it can be legally pursued for another 6 years.

Once that time has passed then come down on them hard.

 

With regards to the others where they were written off in 2010,

they may still have the documents as they have to be kept for six years after the account is closed.

 

 

The practice used to be that any out of date paperwork was thrown out once a year

though that was before the new data protection rules came in

so things might have changed but I doubt if most companies, if any,

erase out of date documentation very soon after the expiry date.

 

If you do get any letters from Lowell on the ones where you know that six years has elapsed

since you last made a payment to the account, you can advise them that as they are now statute barred,

 

 

they cannot threaten you with Court etc and to continue to pursue people

when they know that the debt is not now legally enforceable

can call their suitability to retain their credit Licence can be called into question.

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Thanks that makes sense

 

 

the only issue is my credit files show as 2016

so do Lowell have to remove this if I send the a Stat Barred letter

once I have confirmed that the default date has passed ?

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disputing a wrongful default date is not ack'ing a debt.

where did you get that from.?

 

 

but you said they were updates

 

 

as long as the defaulted date in the debt summary line/box is unchanged

from the date the OC defaulted it

it matters not they are updating the debt.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

disputing a wrongful default date is not ack'ing a debt.

where did you get that from.?

 

 

but you said they were updates

 

 

as long as the defaulted date in the debt summary line/box is unchanged

from the date the OC defaulted it

it matters not they are updating the debt.

 

 

dx

 

They have defaulted dates as 2014 which is not when the OC's defaulted that was sometime around 2010/2011 so Lowell have stared the date as 2014 for all four debts

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really

that's naughty

write a letter

give them a copy of the OC default date proof for each

 

 

give them 14 days to rectify the errors

or you will lodge a complaint with the ICO.

and seek compensation

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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