Wrongful Default?

[Secretjay]

Hi,

I received a letter from Lowell several months ago stating they had purchased my account and are now the owners of it. I didn't hear anything else from them but during a routine check of my credit file they have entered a default this year.

I initially defaulted on this account in 2006 and it was recorded on my credit file as a default in 2006 and dropped off in 2012.

I had been paying reduced payments on this account from 2006 to 2010 but put the account in dispute when the bank did not respond to my CCA request and I basically haven't heard anything about this account until Lowell's letter.

I contacted the CRA stating that this account has already been defaulted for a 6 year period and should no longer be showing, their reply was that Lowell are investigating and to contact them directly. 10 weeks have now passed and I haven't heard anything from Lowell about this but on checking my credit file today the default is still showing.

I would be grateful for any comments as to what I should do now.

Thank you.

[Nibbler]

Re: Wrongful Default?

Write to Lowells directly and instruct (not ask) them to remove the default on the grounds you give. Tell them that if they do not, or refuse, then you will be reporting them to the ICO and taking a complaint to the FOS.

[labman]

Re: Wrongful Default?

This may prove interesting reading for you:

[Secretjay]

Re: Wrongful Default?

Thanks for the replies.

I meant to say I did send Lowell a letter after the CRA told me to contact them directly but haven't heard anything back & 10 weeks have now passed.

It does say on the link above, part 53 'the purchase should not affect how long the record is kept. It should be removed 6 years after default.' It makes me wonder where they got this 'new' default date from.

Do you think I should complain to the FOS just now or should I send Lowell another letter to see if they reply?

Or is getting them to remove the default through the courts an option at this stage?