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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
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Hitachi capital finance / Lowell


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Hello everyone,

 

I haven’t posted in a while

last time I did, I was advised to let a loan dmp default rather than have ap markers on my account for life - so that’s what I did.

 

My last payment was December 2018 to Hitachi.

I had a letter giving me a refund of some back in February and just one letter last month stating I hadn’t made payments for my loan and to contact them... 

 

its been 5.5 months and I’ve had no emails , no correspondence of threatening to default , nothing.....

most likely they will default me

but what if they take too long and don’t default me?

 

Can I force them to default me?

Or if they take too long to apply it,

is there a way to try and get it removed because they are slow and not following procedure or something ?

 

 

 

 

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so you have AP markers on this on your credit file from 2016 was it?
 

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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well when they sell it and register a default

you then complain that the default should ideally have been registered 3-6mths after you 3rd missed/short/non payment.

there are no hard and fast rules that state they must after 2014 changes

but it might work

 

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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sadly any hard and fast rules or guidelines from the ICO changed in 2014, but its worth the punt

but wait till they sell it to a powerless dca and default it then try.

 

 

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...

Hello,

Just to provide an update on the situation, it as been 7 months since i made my last payment.

 

I received a letter on 17th June from Hitachi telling me the debt had been sold to Lowell Portfolio 1, and also a standard letter from Lowell saying the account was sold to them and i should make payment to them.

BOTH letters were in the same envelope.

 

I havent received any more letters or calls since.

 

 

I have NOT received any default notices and no defaults have bene applied to my credit file.

IF and WHEN i receive a default from Lowell, will the default apply from the date Lowell register it or will be from before?

 

thanks

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only the original creditor can send a default notice and default your account.

typically though that happens upon sale. because a debt must be defaulted to litigate.

you probably see it appear in the coming weeks, CRA providers nor OC's are ever that quick upon updating files [can be +2 mts till it shows]

 

 

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

lowells are just quicker off the mark probably that's all.

the fact you've received no dn is to your advantage.

if there isn't one

then lowells will have a hard job if they goto court.

 

 

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

  • 2 weeks later...

Ok so I have received another letter from Lowell “ Payment Due “ 

 

And all the ways to pay or make a payment plan!

 

Still no default notice from Hitachi ..

 

Where do I go from here ?

 

is it worth making a complaint ?

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god no dont invite letter tennis.

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

its still very early days for a credit file to be updated

typically can take 6-8weeks.

are lowells  showing as the owner yet?

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

you don't know that

its not appeared on your credit file under lowells name yet.

OC's don't, and wont send a DN when they default a debt and sell it on..

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

Do the OC  not have to default it in order to sell it on DCA then ?

 

i’ve one default with Aqua- registered 2 years or something ago

when I was 3 months behind hey sent me a default notice and sold it on! 

I thought that was standard practice.

 

Hitachi didn’t send me a default notice just a letter middle of june saying it had been sold to lowell on 29th May! How can they sell on a debt that hasn’t officially defaulted (( as the OC has not marked it as defaulted )) 

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as I said..

 

OC's don't, and wont send a DN when they default a debt and sell it on..

[if its not already been defaulted]

 

 

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

there is no hard and fast rule they must

to the date of the sale, if they've not already sent a default notice and default you.

they have no reason to send a default notice letter when they sell it on

typically most creditors do register a default upon sale some don't but its rare

 

bit early for yours to show yet IMHO.

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

  • 1 month later...

Ok so it’s been 3 months since Hitachi sold my debt to Lowell!

Still no Default registered against any CRA.

Clearscore ( Equifax ) is saying that Hitahchi closed the account with a Zero balance.

 

 

Received a letter from Lowell now saying they may take legal action and apply for a CCJ .

 

I don’t know what to do now !!

 

 

 

 

 

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not been reading up then. cag is self help too...

that's what DCA's do ....threaten ...may this could if but instructed.

 

 

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

Car is self help ? what do you mean ?

 

I just am so confused about all of this.

 

I thought that the debt must be in a defaulted status in order for Hitachi to sell it on.

The account with Hitachi wasn’t and, with reference to CRA, hasnt been marked it with a default. It’s been 3 months !

 

Lowell bought it and have made payment requests which I haven’t responded to as no default. I don’t want AP markers stuck there  why I was wanting the default.

 

Any ideas what my next step is ?

 

Thanks 

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