Vanquis Now Lowell - Wrong default date recorded on Credit File, ICO said move it, lowells are refusing.

[just_jue]

During May this year I raised a complaint to Lowell regarding them wrongly registering a default on my credit account.

They had put the default date 18 months later than the actual default noticed received.

After asking advice during a different post DX suggested that I took the complaint further to the ICO.

Lowell sent the default 'we are looking into your complaint' but nothing within the 8 weeks.

Sent my complaint to the ICO and they have recommended that Lowell change the date or explain why the date are different within 28 days.

So we will see what they come up with.

Will update the post once I have a response from Lowell.

[BankFodder]

Please can you post the response from the ICO here in PDF format.

Would you like to take an action against local for breach of the data protection act – inaccurate data processing?

Has this incorrect date caused you any difficulties or distress?

[just_jue]

Thanks BF,

 

Attached is the findings of the ICO.

The default should be off by now as over 6 years since the default notice.

It is more annoying than anything since Lowell seem to make it up as a they go along

ico1.pdf

[BankFodder]

Thank you. So please can you address the other questions – what difficulties did this cause you and would you like to do something about it?

[just_jue]

Hasn't really effected me at the moment,  but it will be difficult to get some credit from when the default should of gone 

[BankFodder]

Sorry I don't understand this.

I almost have the impression that you are saying that you would be to get credit in the future from the day the default should have gone – retrospectively?

[just_jue]

I was thinking that if I applied for credit I would have a better chance without the default showing,  so it could cause difficulties 

[Bazooka Boo]

Could cause difficulties or DID cause difficulties.

If you applied for credit during the time that the inaccurate dates were on your file, and you were unable to obtain credit, then you would have a case to bring.

 

If it's simply surmising, and you didn't apply for credit and it didn't directly affect you, then simply forget about it.

[AndyOrch]

18 hours ago, just_jue said:

Hasn't really effected me at the moment,  but it will be difficult to get some credit from when the default should of gone 

And if this debt was subject to a court claim it would severely impact the outcome. Whether it be Lowell or the original creditor that is processing incorrect data would have an affect on whether they are fit to hold a credit  licence.

[just_jue]

Lowell has refused to change the date as they say the default notice said 'may be placed ' after the 31st July 2017 and that payments were made after this date until the 2018 via a DMP, but no other DN was ever sent or shown in the DSAR I did

[just_jue]

Attached is their response.

Any ideas on what to do next as seems they strung it out as long as possible.

1-merged_compressed.pdf

Edited October 12, 2023 by just_jue

[AndyOrch]

 Vanquis filed the default  later than you thought because you resumed payments..the default date is therefore correct.

[just_jue]

Thanks Andy even after the date which they set for the default?

[AndyOrch]

Well whichever way you look at it you had an extra 15 months without a default being registered...so say if you was looking for credit around that period and you gained credit (and you have no other defaults) because they didn't file on time or terminate the account you would have got other credit.

It cuts both ways   you enjoyed an extra period without default but you lose now with regards to it being statute barred.

[just_jue]

I've just had the SAR back from the bank I used at the time and the last payment was made on the 10th June 2018  so 4 months before the default was registered is that right? 

[dx100uk]

then not worth it

dx