Lowell reporting wrong information

[Pj19701]

I am looking for advice please. 

I had major debt issues starting in 2018. April this year all my debts were prescribed under Scots law.

All companies wrote to me saying accounts were closed and amounts zeroed. Including lowell.

All companies closed the credit file reporting zero balances and account satisfied, apart from lowell who continue to report open and owing.

I have complained to them and transunion and also now the ico.

All three continue to say lowell is in the right ie the 6 year default date etc.

However , how can this be as ,

is it not the case that prescribed debts in Scotland cease to exist unlike englands where its just not legally enforceable.

I have no problem that they want to report for 6 years , my issue is it should be accurate.

In my mind the debt ceased to exist in April, not open and owing as lowell are stating.

I have re complained to the ico and also complained to the fca and fos.

Any advice please?

Am I right that prescribed debt is different to statue barred? 

Many thanks

[dx100uk]

you are getting things mixed up 

the SB date is quite correctly 5yrs if you took the debt out whilst resident in scotland

however that does not change the default notice rules under section 87 of the consumer credit act.

once a default notice is issued and that date registered on your credit file, on the DN's 6th birthday the debt is removed from your file. regardless to paid off or not or paying or not. does not mean the debt is/is not still owed mind.

just because a debt in scotland has reached the prescribed date of 5yrs does not mean its removed from your file, that controlled by the DN .

[Pj19701]

Hi thankyou for your reply.

So have the other debt collectors just been overly generous? 

I understand the need to report but surely the information needs to be correct?

I was under the understanding that under Scots legislation, prescribed means no longer exists as opposed to not being legally enforceable? 

Again thankyou for your reply , I just don't want to keep pushing if I'm in the wrong. 

[dx100uk]

correct debt no longer exist in scotland its extinguished however that does not change the consumer credit act nor the rules credit files act under.

if lowells want to be pedantic and show a debt figure still owing, thats their problem.

if the debt is defaulted regardless to the balance figure that will still kill your score if thats what is worrying you..

 

 

[Pj19701]

Sorry il make this my last reply. Me and my wife both had 5 or 6 defaults each all in April 2018. Only one of mine was acquired by lowell. None of my wife's.her credit score went through the roof when all were closed . Mine stayed the same due to lowell still reporting. 

Again thankyou so much for your advice , i hear what you say .guess il just wait til the 6 year date. I just didn't want to waste my time pursuing a lost cause. Cheers

[dx100uk]

what is the registered defaulted date from the Default notice sent by the OC and registered on your credit file?

the debt should not be showing if that date has passed 6yrs. and a DCA cant change that date either.

[Pj19701]

30th April 2018.

My wife's were the same with some in May  but hers are now in the closed accounts tab with balances of zero.

My others were also april 30th from cabot, again closed and zeroed 

[dx100uk]

thats lowells for you.

there is no legal compulsion to make them zero the bal.

dx