me/lowells and a mobile phone default thats shown 2 yrs late?

[Blondmusic]

Sorry to tag onto this thread but you mention that a default with Lowell was added years after the ICO guidance on when a default should be added. Do you have a link to this ICO Guidance?

 

I only ask as my Fiance has had a default added from Lowell for a mobile phone account but the default was not there at the beginning of the year. It says on Noddle that the account was defaulted in 2014 yet when we checked it in February/March 2016 the default was not there. In April/May the default appeared on the file.

[dx100uk]

as such there is no specific rule that says they cant do this.

what is needed is proof from the original creditor that they issued a default and its date

typically this is done via an sar to them.

 

 

there should be an entry in say the comms log or the account log to say they defaulted on XYZ date

just a note say one was sent that's all.

the ico guidance indicates that this should be timely for want of a different word.

i'e if the last payment/use was say in may of xx year that the default should be within 3-6mts of this.

else complain giving the OC 14 days to rectify this else its off to the ICO.

 

now if it never showed or the account never showed, but then the bebt buyer places the account on the cra file

it should be the one the OC placed and the same default date.

 

if the date of the default is after the date of assignment [when they bought the debt] then obv that needs tackling as well.

 

 

dx

[Blondmusic]

https://c5.staticflickr.com/6/5676/29977721516_c9b51df597_k.jpg' alt='29977721516_c9b51df597_k.jpg'>Lowell Default Edited by , on Flickr[/img]

[dx100uk]

not your thread BM

[L1882]

Sorry to tag onto this thread but you mention that a default with Lowell was added years after the ICO guidance on when a default should be added. Do you have a link to this ICO Guidance?

 

I only ask as my Fiance has had a default added from Lowell for a mobile phone account but the default was not there at the beginning of the year. It says on Noddle that the account was defaulted in 2014 yet when we checked it in February/March 2016 the default was not there. In April/May the default appeared on the file.

 

The ICO guidance is contained here:

 

http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

 

and some general reading here:

 

https://ico.org.uk/for-the-public/credit/

 

My point to Lowells was:

 

You are the current owner of an alleged debt under the above reference.

**

You have recorded a default against this account on xx/xx/xxxx as reported by various credit reference agencies. It is my belief that this default was recorded much too late.*

 

The last payment on this account was on the xx/xx/xxxx. I have checked this against the account statements. No further payments were made for over 4 years, at which time I entered into a payment agreement with yourselves.

*

It is clear in the guidance issued by the Information Commissioner’s Office “Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies”* must be fair, accurate, consistent, complete and up to date. Further to this principle 4: If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to show that the relationship has broken down says that this will normally occur by the time you are 6 months in arrears.*

 

This error places me at a significant disadvantage because of the extended ‘life’ of the account. I therefore ask you to amend the date of default to be xx/xx/xxxx which is 6 months after the last payment was made on the account.**

 

I had to persist but did in the end get Lowells to concede the point and correct the error.

[Blondmusic]

Thank you for the reply. I will be emailing Lowell and the original creditor regarding this default.

 

DX - The default did not appear on the CRA until March 2016. Before that it was not on the CRA at all. We are not disputing the account what we are arguing is that it did not appear on the CRA until almost 2 years after the account was defaulted.

[dx100uk]

then theres nothing wrong then as far as I can see?

you've just been lucky till now

 

 

go find out if the OC did default the debt?

[dx100uk]

Own thread created

[Blondmusic]

We are not disputing the debt just trying to find out why it has taken them 23 months after the default date to add it onto the Credit File. Surely it should have shown up before March 2016.

[dx100uk]

Sadly a dca being obstructive I suppose

 

Have you checked the OC did default you?

[Blondmusic]

On checking the credit file the OC did not apply the default in 2014. The first I saw of it was in March this year which was almost 2 years later

[dx100uk]

you need to prove that

if you have a copy of a credit file from after the supposed defaulted date

where the debt is still listed with the OC and no default

send that to lowells give them 14 days to remove theirs

 

 

but ideally you need proof from the OC viand SAR or letter

[Blondmusic]

Yes we will send an SAR to both the OC and the CRA to see what we can find.

[Blondmusic]

In an email from Lowell they say they bought the account in September 2015. Why wait 6 months to then add it to the credit report then?

[dx100uk]

doesn't matter.

 

 

cant see the point in an sar to a dca

will prove nothing

[Blondmusic]

I was planning to send an SAR to the Original Creditor and the Credit Reference Agency. I'm not sending an SAR to Lowells. They are corresponding by email with us at the moment.

[Old Cogger]

SAR to Originator ok, - why CRA ?

 

just listen to the people on here as you seem to be going off on a Tangent = disaster, also keep all communication in letter form and Recorded Delivery, e-mails are a pest they can bombard you and un settle you - get control of the situation do not let them control you.?

[Blondmusic]

We need a copy of the Credit Report from a couple of years ago hence I was planning to send an SAR to the CRA.

 

I don't mind communicating by email. This way it records the conversations and saves time on printing and sending letters. I have used email for communicating with various companies over the years and find it very easy.

[dx100uk]

off on a tangent again...

you don't need to sar the credit agency

 

 

you need to sar the OC

and you cant send payment by email.

 

 

dx

[Blondmusic]

Ok I will SAR the OC.

 

I am not sending any payment by email. I am just communicating with Lowell by email.

 

Can someone tell me how to get a copy of a credit report from 2014/2015 from the CRA?

[dx100uk]

IMHO you don't need to

 

all you need to do is prove the OC's original defaulted date.

 

if/if not it ever was showing on your credit file previously is immaterial.

if they OC did default you

if they didn't

then that's another matter and we can deal with lowells.

but you need information first not speculation

 

dx

[Blondmusic]

Ok so an SAR off to the OC. I will get that sorted ASAP

[Blondmusic]

I sent an SAR to EE as they were the original creditor.

 

 

Received a reply today stating they received the request on the 21st of October but they want my bf to confirm his date of birth and address. They returned the postal order as well.

 

They also want to know exactly what information we want and they want us to fill a form out before they do any of this.

 

 

They also say that the 40 day period for the information won't begin until we return the form along with the information and the postal order.

[dx100uk]

theres no requirement to fill in their forms if you don't want too

and you can simply say your require aLL data for you personal financial records.

 

 

has your BF moved since he took the account out then?

[Blondmusic]

No he is still at the same address. They are saying the 40 days doesn't start until they receive the info back from us.