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Defaults on Credit File

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  • Defaults on Credit File

    Hi everyone,
    I'm currently in dispute with Lowells and PRA for alleged c/card debt and have been getting great advice from forum members. On a side issue, I have just noticed some anomalies on my credit file relating to defaults and was hoping someone could clarify for me.

    Firstly Lowells. The CC claim states;
    2. The defendant failed to maintain the required payments and a default notice was served and not complied with.
    3. The agreement was later assigned to the claimant on XX/03/2015 and notice given to the defendant.

    The default on my credit file is dated June 2015, 3 months after Lowells took over the account, and so must have been registered on my file by them, but their particulars of claim would lead you to assume that a default notice was issued by the original lender before assignment to Lowells.

    Similarly the PRA default is also a bit odd;
    On XX/06/2013 the defendant defaulted on the agreement... On XX/08/2013 the debt was assigned to Aktiv Kapital... who itself assigned the debt to PRA Group on XX/12/2014.

    The default on this account is dated June 2014, during Aktiv Kapital's tenure, yet also their particulars of claim refer to a previous default.

    There is no record on my file from the original lenders (I assume this is removed when the CRA are assigned) so I can't see when, or if there ever was, a previous default registered, but I would assume that one did exist since they both refer to it as evidence in a signed legal document.

    Have both Lowells and PRA re-registered an existing default on my credit file to make it more recent? Can they do that?

    thanks
    ADD
    Tags: None

  • #2
    Re: Defaults on Credit File

    Hi again. Would someone be able to take a look at this and let me know wheat they think. It seems a bit weird and has negative impact on my credit file, so I'm not sure what to do.
    tks
    ADD

    Comment


    • #3
      Re: Defaults on Credit File

      Sorry your first post got missed -busy times. I am sure someone will be along soon who can help with sound advice but I thought a debt could only be defaulted once! If the original lender defaulted it, which they would have to before they sold it on, then I am with you and do not understand how 'Lowlife' can regiseter another default. Anyway, let's see what the clever beagles say when they get a chance.

      An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
      ~ Anonymous

      Comment


      • #4
        Re: Defaults on Credit File

        Tks paws, I guess a lot of peeps are on their holidays too. Someone will get back soon I'm sure.

        Comment


        • #5
          Re: Defaults on Credit File

          tagging [MENTION=48934]Debt Camel[/MENTION] [MENTION=1508]Nibbler[/MENTION] xx
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Defaults on Credit File

            Have you checked your credit records with all three CRAs? How to do this: http://debtcamel.co.uk/experian-or-e...which-is-best/ You may find the record from the original creditor on one of the other CRAs. Records from the original creditor are NOT deleted when a debt is assigned, they are retained but a zero blanace is added. the date of default of the current creditor should be the same as the original creditor.

            Having said that, I would be wary of fighting to get default dates "corrected" at the same time as you are disputing a debt, especially if you are any where near statute barred time limits.

            Comment


            • #7
              Re: Defaults on Credit File

              Tks Camel, much appreciated. Ive had a look at the clearscore report and it doesn't show the alleged credit card accounts, only PRA/Lowells. Also the balances are significantly lower than CC claim states, allowing for interest/costs etc, but that's a side issue.

              I get your point that the date of the default reported by the DCA should be the same as the date reported by the original lender - it makes perfect sense - but my problem is that the DCA has registered a default many months AFTER they were assigned my account, giving the impression that the debt is more recent.
              This is factually incorrect. What can I do?

              Thanks again.
              ADD

              Comment


              • #8
                Re: Defaults on Credit File

                Originally posted by ADDLED View Post
                Tks Camel, much appreciated. Ive had a look at the clearscore report and it doesn't show the alleged credit card accounts, only PRA/Lowells. Also the balances are significantly lower than CC claim states, allowing for interest/costs etc, but that's a side issue.

                I get your point that the date of the default reported by the DCA should be the same as the date reported by the original lender - it makes perfect sense - but my problem is that the DCA has registered a default many months AFTER they were assigned my account, giving the impression that the debt is more recent.
                This is factually incorrect. What can I do?

                Thanks again.
                ADD
                Hi Add,

                Are you sure that the default dates is wrong, when a debt purchaser acquires a debt they register he date they updated the file this is not a new default date.

                The debt purchaser may take a long time to update credit files as your debt will be on of many thousands in portfolio.

                Those who access your files for whatever reason will know what they are viewing, it is not factually incorrect as the debt purchaser has only updated the original file.

                The debt purchasers usually up date files within 6 month of assignment but it may take longer.

                The way accounts are reported is regulated by the Information Commissioners Office via the Data Protection Act 1998 if you believe the entry is incorrect first contact the " new owner " of the debt and if the response is one you feel is wrong or inadequate complain to the ICO.

                nem

                Comment

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