Lowell not removing default on credit reference

[charitynjw]

Re: Lowell not removing default on credit reference

My apologies to you, [MENTION=71570]R0b[/MENTION]; I didn't mean to teach granny to suck eggs......not that I am calling you a granny either!

It does appear, though, that while Lowells' info may or may not be accurate, the OP also lacks verifiably accurate evidence.
Perhaps a SAR to the original creditor?

[R0b]

Re: Lowell not removing default on credit reference

No need to apologise didn't mean to come across as touchy
Yes, if the OP wishes to pursue then it would probably be best to gather all evidence before making any allegations to Lowell and a SAR would probably be the starting point. If the original creditor did not provide a default notice within its response to the SAR, then it is reasonable to say that no default notice was given and as such puts the accuracy of the default in question at which point, any attempt by Lowell to produce a default notice may be seen as dishonest and potentially misleading the court if it came to that stage.

OP would be wise to specify in their SAR letter any default notices sent and retain proof of postage along with copies of correspondence.

[MIKE770]

Re: Lowell not removing default on credit reference

well if say Lowells were forced in some way to remove default info, then may I suggest they probab;ly thru assignment with cap one or whoever have a return basis = then the originator who has a record of despatch/issue date would surfice the entry headed as original the originators default entry?

Thoughts???? as a true and accurate entry/ (default)

[charitynjw]

Re: Lowell not removing default on credit reference

well if say Lowells were forced in some way to remove default info, then may I suggest they probab;ly thru assignment with cap one or whoever have a return basis = then the originator who has a record of despatch/issue date would surfice the entry headed as original the originators default entry?

Thoughts???? as a true and accurate entry/ (default)

To be honest, if it were me I'd leave Lowells alone unless it was absolutely necessary to have the CRA info removed.
By way of example, a friend had a court claim issued against him. (Credit card)
It was defended, Claimant failed to reply to the defence, so case stayed.
There was a CRA listing, but as my friend had no intention or need to obtain further credit, it had no effect on him.
The 'bad rating' has now dropped off, & the 'stayed' claim is coming up to it's 6th anniversary.

That said, I'd almost always SAR the original creditor for info.

[jcbkabs]

Hi all

i have a similar issue it’s lowell have placed a default on my credit file in March 2017 with a default date of January 2016 but the alleged account defaulted may 2015. The account was never on my credit file before March 2017 and I’ve never been with orange. Lowell can’t provide a contract as it was applied for on line but aren’t chasing me for the money and have closed the account.
I've gone to orange who can’t supply anything as I can’t go though security the bank sort code matches my account but last 4 digits are different to mine.

i have two business that need finance but when I go to put myself as a guarantor it gets rejected this is only blip on my credit file the on finance company has offered a high rate that doubles my monthly repayments by over £500 a month the other business needs a new van but needs on board power to run equipment found a ex lease van that meets our needs but our current finance company won’t lend to use even tho account is up to date with over payment and they are saying I now don’t meet their lending criteria any more. I’m also looking to remortgage my by to let’s and this is also affecting them I’ve never increased the rents and have long term tenant that are not earning a great deal and have small children.

What action can I take?
Can any one recommend a solicitor that has experience of this as it’s a mobile phone company default are different?

[Amethyst]

Presumably you have raised a dispute with the credit reference agencies ?

Send a SAR to Lowell and a SAR to EE ( Orange ) - just your name and address details ( no account numbers required ) to gather information.

What did Lowell say when you told them you'd never held an Orange account ?

[jcbkabs]

Presumably you have raised a dispute with the credit reference agencies ?

Send a SAR to Lowell and a SAR to EE ( Orange ) - just your name and address details ( no account numbers required ) to gather information.

What did Lowell say when you told them you'd never held an Orange account ?

the account is mine it was opened on line and they don’t have to supply the contract as the sim has been used. But as a good will gesture they will close the account but won’t remove default

equifax dispute raised but Lowell have told them information is correct
orange SAR not got much info they received a phone call cancelling the on account but there was also a 30 day data account which wasn’t cancelled and it looks like this could be the costs but the total doesn’t add up to the amount on my credit file which is less than £70. I’ve also pointed out to them that there’s 5 other accounts that I do recognise that have incorrect information on them and I’ve asked them for compensation under act18 of GDPR 2018 not had a response yet. But they are trying to say they have done all they can as Lowell have said it’s correct.

lowell SAR has less info than orange no contract no ID forms and some letters they are suppose to have sent me which I haven’t ever seen. But in on letter they are saying that it’s for a 30 data SIM card account. But in the last letter it’s for a telephone account the bank sort code same as mine but account number last 4 numbers differs to mine address is correct and Date of birth

[Guest]

@ charitynjw @ Amethyst and others please

1. Can lowell legally apply a default to your credit file since they are not the originator of the debt?
2. And if they do so illegally, can they be asked to remove defaults and / or pay compensation for violations?
3. Can credit reporting agencies be asked for compensaion if they have false information displayed as in this case above?

Thanks for the expert views!

[Guest]

@ charitynjw @ Amethyst and others please

1. Can lowell legally apply a default to your credit file since they are not the originator of the debt?
2. And if they do so illegally, can they be asked to remove defaults and / or pay compensation for violations?
3. Can credit reporting agencies be asked for compensaion if they have false information displayed as in this case above?

Thanks for the expert views!

Hi all

any advice appreciated on the 3 points above- I am in a similar spot as newtonc589...

thanks

[R0b]

Hello, answers in red.

1. Can lowell legally apply a default to your credit file since they are not the originator of the debt?
Yes they can. You don't need to be the original creditor to apply a default because when the debt is purchased, the debt purchaser steps into the shoes of the original creditor. If there was a prior default on the credit file by the previous creditor then this is usually removed and the new creditor may apply a default if they so wish. Any default applied to the credit file must be accurate so if it has been applied to the wrong month(s) then that is inaccurate for the purposes of accurate recording.

2. And if they do so illegally, can they be asked to remove defaults and / or pay compensation for violations?
Yes, under the Data Protection Act 2018 / the GDPR. There may also be an argument for negligence where the entry is not correct or wrong since the reporting of defaults and payments are akin to giving a credit reference.

3. Can credit reporting agencies be asked for compensaion if they have false information displayed as in this case above?
Difficult to hold the credit reference agency responsible. I believe there is already case law out there that indicates you will have a hard time since they take instructions from the creditor when reporting information. Unless the CRA has not followed the instructions of the creditor and done its own thing, I doubt you could hold them responsible - any action should be against the creditor.

[pt2537]

Hello, answers in red.

1. Can lowell legally apply a default to your credit file since they are not the originator of the debt?
Yes they can. You don't need to be the original creditor to apply a default because when the debt is purchased, the debt purchaser steps into the shoes of the original creditor. If there was a prior default on the credit file by the previous creditor then this is usually removed and the new creditor may apply a default if they so wish. Any default applied to the credit file must be accurate so if it has been applied to the wrong month(s) then that is inaccurate for the purposes of accurate recording.

2. And if they do so illegally, can they be asked to remove defaults and / or pay compensation for violations?
Yes, under the Data Protection Act 2018 / the GDPR. There may also be an argument for negligence where the entry is not correct or wrong since the reporting of defaults and payments are akin to giving a credit reference.

3. Can credit reporting agencies be asked for compensaion if they have false information displayed as in this case above?
Difficult to hold the credit reference agency responsible. I believe there is already case law out there that indicates you will have a hard time since they take instructions from the creditor when reporting information. Unless the CRA has not followed the instructions of the creditor and done its own thing, I doubt you could hold them responsible - any action should be against the creditor.

Yep thats pretty much it.

Grace v Blackhorse is worth reading, good case on reporting defaults when the agreement is unenforceable.

[Guest]

Thks Rob, PT2537