Default placed on statue barred debt Creation Finance

[eireann]

I need some help, my wife has over the last year or more has received correspondence from Lowell's regarding a debt owed to the above company. No acknowledgement of the debt was given and it is more than 9 years since any payment was made (this was a card for Shop Electric shops which went into administration). On checking her credit file on equifax the following was noticed

Budget Card / Revolving Credit from Creation Consumer Finance Ltd (I) / XXXXXX07:5

0 @ £ 5 (Weekly)	Defaulted
£ 472	£ 270
£ 500	£ 472
21/10/1999	26/05/2011
21/04/2011

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block



Any advice on how to get this default removed would be appreciated.


eireann

[Nic]

Re: Default placed on statue barred debt Creation Finance

Eireann I don't know the answer myself but I know there are definayely people on here who will know exactly what you need to do

[Celestine]

Re: Default placed on statue barred debt Creation Finance

Hi Eireann

How dare they default such an old debt!? I'm concerned that this is a growing trend. Seemingly anyone can register a default these days......the 'damage' is exactly the same as a CCJ, so how come it is so unregulated?

Fear not, you can fight back.

I am currently involved in suing Lloyds TSB for a similar situation and there is growing case law to support you in your case.

I will pop back in tomorrow to explain in more detail what you need to do next.

Cel

[eireann]

Re: Default placed on statue barred debt Creation Finance

Thanks Celestine I look forward to any help you can give me.


eireann

[eireann]

Re: Default placed on statue barred debt Creation Finance

Just received credit report from Experian and default is also showing on there. I notice that on the report it states "Searches of your credit report should all have been made with your consent", but Lowell Portfolio1 Ltd have made unrecorded enquiries on 11/11/11 and 6/7/12, can this be done without consent?

Letters received from Lowell's were read and discarded but I've come across a "Special Offer" letter dated 23/2/12 from Buchanan Clark & Wells detailing "two unique opportunities to bring your account to a speedy and amicable resolution". My question is should I use the details ie. account number to contact Lowell now by letter asking them to prove the debt and should I now raise objections with both Equifax and Experian about the default.

I'm in uncharted waters here and unsure how I should proceed, any advice greatly accepted

eireann

[eireann]

Re: Default placed on statue barred debt Creation Finance

bump

can anyone help me please?

[Guest]

Re: Default placed on statue barred debt Creation Finance

Hi yes
you need to contact the agency that placed the marker on your files, address your corespondenses to their data controler(s).

Tell them the debt had entered default over six years ago and request they remove it from your records as per ICO rules, also contact the cra's and get them to mark your entries as being in dispute.

I would use e/mail and follow up with a hard copy.

D

[Ruby]

Re: Default placed on statue barred debt Creation Finance

Lowells LOVE entering defaults on people's credit records! I have three ! They are really naughty and I think it's high time they got reprimanded for it! I have always ignored all their correspondence. Thankfully I live within my needs these days so not that bothered about my credit score however no doubt others are not in the same boat.

[Celestine]

Re: Default placed on statue barred debt Creation Finance

Hi Eireann

Sorry I was awhile coming back to you.

This seems a really blatant act by Lowells. It needs correcting.

Firstly, your wife needs to do a Subject Access Request to Lowells to make them send her ALL information they hold.

We need to find out the truth about the circumstances of the 'payment' in 2011.

This is seemingly a clear breach of s.13 of the Data Protection Act. Can you contact me by PM, I'm happy to help you resolve this.

Cel x

[miliitant]

Re: Default placed on statue barred debt Creation Finance

the ICO have guidlines on issues such as this

they stipulate that an account should be defaulted no later than six months from cause of action

they have opened themself up for a claim for damages

the only problem i have is that they are only codes of practice (guidelines) from the ICO, and not statutory obligation, but courts do take codes of practice as law in the majority of claims

me thinks lowell as usual will claim their phantom payment as to restart the statute of limitations.

they did that with me until i told them to provide documentary proof of a payment, they closed down the account and removed the default

the debt is 1999, so even if a payment was made in 2011, the account would still be statute barred, what the hell are lowell playing at

[Celestine]

Re: Default placed on statue barred debt Creation Finance

The default culture is running out of control at present.....it needs reining in.

[bluebottle]

Re: Default placed on statue barred debt Creation Finance

Okay. Formal complaint to OFT Credit Fitness Team is required. I am attaching a document which takes you through making a complaint against an OFT-licensed bailiff company, but the principle is more or less the same. You need to include the following in the complaint -

Company Name: Lowell Financial
CCA Licence No.: 0528607

I am also attaching a copy of the OFT Debt Collection Guidelines, which you should study, note the breaches on the part of Lowells and list them in your complaint.

[smoggie1977]

Re: Default placed on statue barred debt Creation Finance

this happened to me too. mines with a student loan pre 1998. No payments or acknowledgement for 10 years untill 2009 when they placed the default .

How sure is it I can have this removed ?

[miliitant]

Re: Default placed on statue barred debt Creation Finance

pre 1998 student loans were not regulated by the cca 1974

who placed this default as its a mega claim for damages

[Mike1976]

Re: Default placed on statue barred debt Creation Finance

pre 1998 student loans were not regulated by the cca 1974

who placed this default as its a mega claim for damages

Hi Guys

Was not sure if i needed to open another thread. 1st time ever done this.. let me know if this is incorrect.

I have a similar issue with welcome finance. Are they not then able to keep me at 6mths missed payments for over 4 years and the suddenly put it in default. Long story short. Borrowed 2k from them back in 2006 paid over £2k back and then had financial problems. when i checked my credit file from both experian and equifax they had me owing them over 12k. I have since spoken to them and they said this was all charges. They have changed the balance to £ 6,478. and then put it as a default amount on the 13/06/2012. I contacted them regarding this and they are unwilling to come to any amicable arrangement. They want £6478. I was wondering the last time i made a payment was May 2008 does this mean that in May 2014 that this debt would become statue barred? Also they owe me quite a substantial PPI payment from 3loans that are over ten years old. and also the one above. that is still outstanding - If they pay the PPI to the above account will this be classed as a payment from me and cancel the may 2008 date as a last payment. Apparently they will pay any PPI off this account i wont be given the option.

Regards

Mike