Lowell and defaults

[belle99]

Hello all,

 

i am new, have checked the FAQ's but couldn't find anything - however apologies if the subject has been brought up before.

 

Briefly - i have been defaulted twice for the same debt, as shown on my equifax report.

 

Original debt was credit card, amount £1,160.

 

 

 

The debt was sold to Westcot. ~This bit is in my linked address and under a previous address.. Date updated 25/5/03. Default date entered as 30/4/03. Status default. Amount £1,160.

There is a note underneath this to say customer gone away. I never received this default notice.

 

The same debt i believe was sold to Lowell and they placed a default on my current address on 25/10/06. Default date 30/4/03, all same details as before. I was not aware a default was placed until i saw in on my credit report. They recently sent me a statutory demand after which point, whether right or wrong, i contacted them and offered £900 as full settlement, which they have accepted and i have paid.

 

Where do i stand regarding

1. not ever receiving any default notice

2. westcot and lowell both placing defaults for the same debt - is this allowed

 

all help much appreciated as i need to be armed with all specific info before i approach them.

 

many thanks.

[belle99]

Hi,

 

I am new, so hello, i did post a thread in the welcome forum but wasnt sure how to move it to here to try get more response...

 

Credit card debt for £1,160.

 

Wescot placed default in May 2003 on my linked old address, default date of April 2003. never received the default notice. Underneath says 'customer gone away'.

 

Lowell Portfolio 1 bought the debt and placed another default on my current address. This was placed in Oct 2006 on my credit file. i never received a default notice. Same default date and debt amount etc. They recently sent an SD. I have since contcated them and, whether right or wrong, offered full settlement of £900 which they accepted and i paid.

 

How do i go about:

 

1. the two defaults for the same debt

2. not ever receiving a default notice

 

 

Thanks

[TideTurner]

Welcome Belle,

 

Make a Subject Access Request (template in library) to the card provider (not Wescot or Lowell), to include a copy of your original agreement. Then see the thread Consumer Credit Agreements and follow any advice about disputing the original debt.

 

Also see my later posts which I am making with my crystal ball!

 

Good Luck

 

Tide

[belle99]

many thanks Tide...

 

does all the helpful procedure you outlined apply even though i have paid the debt? At best, will i only be able to get one default removed?

 

Thank you

[gizmo111]

I am confused - belle is talking defaults and tide is talking setting aside judgements:confused:

[TideTurner]

Belle, yes the procedure applies whether paid or unpaid, as you were unaware that anything was amiss.

 

With respect to getting the defaults removed, there are several threads on the site which specialise in this. These will relate to the Credit Reference Agencies (CRA's).

 

Tide

[TideTurner]

Sorry Gizmo, you're right, mis-read first post.

 

Belle, follow all above except for the set aside (which I've just deleted).

 

Thanks Gizmo