Lowell refusing full payment?!

[Hacked_Off]

I have a few defaults on my credit file now with Lowell.

I’ve recently won a pip appeal and got a big payment so I’ve been trying to clean up my credit file. 

 

One of these defaults was on old talk talk acount. 

 

I lodged a subject access request request last year with Lowell.

They have thusfar failed to comply fully.

They have sent me all of their chasing letters in reply to the sar.

No statements, no CFA, no notice of assignment etc.

I’ve written to them several times chasing the documents. 

 

Lowell have stated they are unable to provide these documents and have closed the accounts and “written them off”.

They have also refused to remove the defaults and they remain active. 

 

I had another default with a different debt collector.

I put in a sar.

They were unable to comply.

So they wrote to me stateing “we cannot produce the documents so have marked the debt as unenforceable”.

They then removed the default from my file completely. 

 

Im at a loss as to why Lowell arnt doing the same.

I’ve recently paid one of the debts with Lowell’s bank details.

I’ve just received a letter stating;

 

”as we have decided to write off the balance and close the account, there is nothing more for you to pay.

However, we’ve recently received a payment from you which we no longer need and so are refunding this back to you.”

 

what can I do here?

They refuse to remove the default and refuse to accept payment. 

[dx100uk]

hacked off..

you've been here 10yrs but as soon as you get money

you rush to give to powerless DCA's that have no legal right to any of it anyway!

on bogus debts that appear not to ever exist!!

 

.defaults are never placed by DCA's as they are not creditors so can't mark your credit file.

the defaults were place by the original creditors on or before the sale of the debts to DCA's.

 

so they are you targets for removal.

 

 

[Hacked_Off]

The defaults are showing as Lowell not the original creditors.

[dx100uk]

which they will do as when a debt is sold, the debt buyers name replaces that of the original creditor on your file.

 

i'm sure in your +10yrs of being here all this must have been explained before or you've read it in your 10yrs of self help research.

 

 

[Hacked_Off]

Not sure why the amount of time I’ve been on the site has any relevence. I’ve not used this site in years..

 

Thanks for reminding me why i why I stopped using it though. 

 

[dx100uk]

what to try and prevent you from giving DCA's free money??

 

dx

 

[Hacked_Off]

Being rude doesn’t prevent that nor change the fact that I tried..

[dx100uk]

tried what?

to give away money to a powerless DCA?

even lowells have told you the debts are unenforceable..

 

give us a donation to keep us here to help others..

you have 5 pages of threads with us..

so we can't have been that useless to you in the past.

 

and i'm not being rude...

I just find it incredible that someone with your history here

and the amount of historic debt help you've had from our members..

suddenly gets a good windfall and gives it away to DCA's on debts that are very historic in nature and most probably already defaulted and/or statute barred.

 

dx

 

 

[Hacked_Off]

Every single reply has been rude. You infered I can’t ask legitimate questions based on length of time on the website. 

 

I didn’t “give away money to a powerless DCA”. Firstly, It was a last ditch attempt to get rid of the default after hitting a brick wall with Lowell. Secondly, I was simply trying to pay debts to clean up my file as stated. Thirdly, DCAs are not “powerless”. Limited but not “powerless”. 

 

Lowell haven't told me the debts are “unenforceable”. That’s not to say they aren't, but they have not said that. They said “the accounts are closed and written off”. 

 

I didnt ask for an explanation on defaults. I know the proceedures/laws around defaults. That’s not what I asked. 

 

I never said you've been “useless in the past” I said “I remember why I stopped using the site”. Why? Because you’ve been rude before which resulted in me closing a previous account. Not once did I say “useless”. 

 

Which part of his thread do you consider useful to me which warrants a donation? 

 

This “windfall” was due to me being hospitalised. I’m sorry if my mental health history means that I don’t recall all previous help given in order to resolve this one. I’m glad you find mental health issues “astonishing”. I find it embarrassing. 

 

no, my debts arnt statute barred. Most of them are no were bear being statute barred. You are making assumptions based on not a lot of information....

[fkofilee]

HO - Paying money to a DCA wont remove the default unless its fully agreed in writing that as part of a F+F they will remove it. 

Lowell have a habit of doing this but there isnt anything you can do. 

 

Even if you paid - Its likely the default wont be removed. 

Let it go with Lowell - Be lucky that they closed the account with nothing for you to pay

 

[dx100uk]

DCA's are totally powerless 

if people stopped blindly paying them all tomorrow the whole industry would collapse overnight.

 

your target for default removal is the original creditor

most mobile defaults are bogus anyway as the 'debt' is made of monthly charges until the end of contract that you couldn't use anyway as the service was already disconnected.

 

how you got a windfall is immaterial to wasting it by paying a dca's drinks bill or funding them with free money to harass other people .

 

 

 

 

 

[London1971]

We are being a bit rude with you because we don’t want to see you waste your hard gotten money. Spending , 1 single penny with a DCA will not help your Credit file one iota.

 

If the money is burning a hole in your pocket, take a look around your town, the local food bank , domestic violence shelter, mental health charity are crying out for cash. Heck, even spend the lot in your struggling local shops rather than an immoral, money grabbing DCA.

[unclebulgaria67]

@Hacked_Off You could contact Credit Reference Agencies and request to place notes against the debt on your file stating that you offered Lowell payment of the unenforceable  debt amount and they refused, returning the payment amount. Lowell have refused to remove the default. 

 

That way any other potential creditor reading the notes on your will see this, but not sure it would make any difference ?

 

Lowell have always refused to remove defaults. If the default is not an accurate reflection of your ability to manage the particular line of credit, then you need to take this up with the original creditor that added the default.

[fkofilee]

35 minutes ago, unclebulgaria67 said:

@Hacked_Off You could contact Credit Reference Agencies and request to place notes against the debt on your file stating that you offered Lowell payment of the unenforceable  debt amount and they refused, returning the payment amount. Lowell have refused to remove the default. 

 

That way any other potential creditor reading the notes on your will see this, but not sure it would make any difference ?

 

Lowell have always refused to remove defaults. If the default is not an accurate reflection of your ability to manage the particular line of credit, then you need to take this up with the original creditor that added the default.

 

NOC will pull it out of automated credit decisions. A human looking at it may delay but find it more favourable