Old (2015) dispute paid. Now discover LOWELL have placed a DEFAULT!!

[Tar811]

Hi all,

I have been refused a mortgage for two reasons (i will deal with them separately).

Feb 2015 i paid a debt which was not mine to Three phone account but after arguing back and forth causing serious anxiety and stress i paid £129.04 (actually TWICE by accident!!!) Lowell kindly refunded me my £129.04 in full my second over payment in March 2015. To me, I've heard nothing and the issue was resolved.

This week i apply for a mortgage to purchase a house and have been refused as apparently Lowell have placed a DEFAULT on the account. When i raised this with Experian they stated that Lowell Financial Ltd accrued a County Court Judgement cost of £75 and interest of £13.16 giving a debt of £88.16. Now surely if i owed them and paid them an overpayment, why did they refund me?? Surely i need to be informed of an application for a CCJ? Now i received no notification, no proof or knowledge. Lowell informed Experian to keep the default on my credit rating. I am seriously bemused!!!

Any advice would be greatly received.

[charitynjw]

Re: Old (2015) dispute paid. Now discover LOWELL have placed a DEFAULT!!

Hi Tar811, welcome to LB.

A county court claim & subsequent CCJ would generate a lot of paperwork & postal notification.
What reason, do you think, would there be for you not receiving same?

[Tar811]

Re: Old (2015) dispute paid. Now discover LOWELL have placed a DEFAULT!!

Many thanks for your reply.

I can confirm that i placed two CCJ's myself to two different companies and unfortunately myself was inflicted with a CCJ around 2014 - 2015 Therefore i am certain that i would have been very familiar with the paperwork and would have known should it have been received.

I can only conclude that it was their intention had i not paid Three directly. I can confidently confirm no notice to the courts were made that i was notified of and i received no official notification only a threatening letter from Lowell that if i didn't pay they would instruct a CCJ (hence my payment!)

[R0b]

Re: Old (2015) dispute paid. Now discover LOWELL have placed a DEFAULT!!

If Lowell have applied a default which has caused damage to your credit report and had a knock on effect from the mortgage application, then you may be entitled to compensation but it wouldn't be a massive payout. The key thing is to have the default removed.

Do you have evidence the payment was made and also the refund given by Lowell? What about bank statements can they back up your story? If you have relatively sufficient information to prove the default shouldn't be on there then you would not need to request a subject access request from either Three or Lowell at this stage. If you don't have sufficient information, I think that would be a good starting point, that way you can obtain all the relevant information to work out the next steps.

I can see you are referring to a CCJ and default but which is it? A default is recorded in a different section on your credit report, and if so, then you wouldn't have received any court paperwork for that (which from what you have said, I suspect they have applied a default not obtained a CCJ).

[Tar811]

Re: Old (2015) dispute paid. Now discover LOWELL have placed a DEFAULT!!

I can see you are referring to a CCJ and default but which is it? A default is recorded in a different section on your credit report, and if so, then you wouldn't have received any court paperwork for that (which from what you have said, I suspect they have applied a default not obtained a CCJ).

The CCJ i received was a seperate company and issue. (I have requested advice in a separate thread but used it as an example that i had knowledge of the paperwork.

The Default that Lowell have placed was due to Lowell apparently accruing fees of £88.16 for applying for a CCJ (which in my opinion did not occur as i had paid Three directly)

Now its this default (and admittedly the seperate CCJ) which has caused my mortgage to be declined. The non-amusung thing is, I've just paid off £250K in two months and due to these two marks my score is still Very Poor.