Discontinuance Letter Lowels - What Next?

[michie_m]

Hi Everyone,

I just got a Notice of Discontinuance by he way of service upon you. (by he way of service upon you, sounds fancy :-))

Basically Lowels tried to do me over for a 3 mobile bill which was nothing to do with me, I went all they way (thanks to info I read on LB) and they have just issued a Notice of Discontinuance a month before the court case, the big chickens. I wanted to know can I get this debt removed from my credit file, it's not a CCJ it's just showing default payments as every month goes by. Any advise would be great as I can't find any info on this on LB.

Thanks all in advance.

Michie

[Amethyst]

Big chickens indeed Congratulations that's the court claim over with.

When is the default date on your credit file ? It falls off after 6 years. Unfortunately them withdrawing from the court claim won't affect your default marker on the credit file unless the original account was fraud/id theft etc.

[michie_m]

Thank you :-) I'm over the moon !

The account was not mine, it was in my name I found out that a guy living at my flat took it out in my name without me knowing but I can't prove it as he's gone back to South Africa. I would think that comes under fraud but I don't know if it's another drama trying to prove that and if I would open a can of worms on the claim, but I would really like it off as it's making my credit bad. I'm not sure when it will drop off is it from the default date? (which lowels changed themselves and made it 1 year later according to 3mobile (attached)



Lowell £ 514 06/03/2018
Account type: Telecommunications Supplier
Account number **************7277 0
Account start date 28/04/2012
Opening balance £ 93
Repayment frequency: Monthly
Date of default : 11/05/2013
Default balance: £ 93

Thanks again :-)

Michie

[Amethyst]

Okay so the default date is 11/05/2013 ( so will drop off 11/5/2019 ) but the last payment was 5/10/2012 - the account was opened 28/4/2012 - so if it was a 12 month contract that is going to be about right, but if just a pay monthly open term contract maybe not. Might be worth asking 3 mobile again of the default date and any default notice they issued - if that is say 2 months after the last payment you could argue the point with Lowell and, potentially, the ICO to have the credit file reflect that position more accurately - would knock maybe 5 months off until it is removed ( so poss Jan 2019 ) so it's whether thats worth the effort really. Of course if you can prove it was fraudulent ( Have you sent a SAR to 3 at all?) then you could argue the entire entry should be remove immediately. It's worth asking I think if that's the only thing affecting your credit file.

Did you plead in your defence at all that the debt wasn't yours/was ID theft at all?

How much was their claim for ? £514 plus costs etc ? How did it get to that from £93 ?

[michie_m]

Hi, thanks for your reply :-)

I never sent off for a SAR but I did ask them to send me all the itemised bills which they did contact me last week saying ;


Thanks for your query on chat regarding your bill copy.

We're still looking into your query and will revert back to you in 3 days time.

Thanks for your patience and understanding.

Thanks

Milan
Three Customer Service

"It's worth asking I think if that's the only thing affecting your credit file."
Yes it is, rest of my credit is fine bar a 2 late payments from my water bill.

"Did you plead in your defence at all that the debt wasn't yours/was ID theft at all?"
Yes I told them that I have never had a mobile from 3 mobile, but I didn't say it was fraud I just said that I had no knowledge of this account it's not mine.

"How much was their claim for ? £514 plus costs etc ? How did it get to that from £93 ?"
All charges from Lowels! Yes that was the final charges £514.

Thanks again

Michie.