Help removing paid default - Lowell

[robster007]

Hi All,

Hopefully someone here can help with my predicament

I had a catalogue with Shop Direct in 2007/8 and got into difficulty with it. I had an arrangement to pay and was doing ok. Suddenly, I had been defaulted and the account passed to Lowell.

It's worth mentioning at this point that I NEVER received a default warning notice.

I have since paid the outstanding amount and settled the account with Lowell.

I am now trying to get the default removed and have followed the guide here: learnmoney.co.uk/credit-file/remove_default_notice.htm l

Lowell have to this point sent me a reconstituted copy of a credit agreement they say I would have signed with SD.

I got to the point where Lowell replied and said they were trying to get the requested information from SD. That being the original credit agreement, the original default notice and any deed of assignment if the debt was sold on.

I then received a letter from Lowell stating that it wasn't their obligation to send me any of these documents as they didn't take the default out on me, even though the default is in their name now.

What I would like to know is this:

1. What is the responsibility of Lowell in terms of documents they should send me?
2. Should I conbtinue pressing them for the documents i've requested?
3. Can I send Lowell an SAR or does that need to go to SD?
4. What should I do in general at this point?

I firmly believe that I was never sent a default notice originally and that proper procedure hasn't been followed. I really need some help with this as it's affecting mortgages etc.

Any help anyone can give would be very much appreciated.

[labman]

Re: Help removing paid default - Lowell

I imagine your first step is to SAR Shop Direct if they issued the Default Notice. I'm unsure why you would send a CCA request unless you were wanting to prove the debt was unenforceable (not improbable in the case of a catalogue debt).

You are highly unlikely to get the Deed of Assignment, but the SAR should give you a copy of any default notice issued, and any warning tht a DN may be issued. Depending on the content of these dictates the way forward you take.

[Gorang]

Re: Help removing paid default - Lowell

The SAR should also give you a Notice of assignment (which is the one you want), as well as the default notice and the agreement

The deed of assignmet will not be produced by a SAR as they do NOT need to give you a copy of that

Also if the default is now showing that it was lowel that registered it then they do not have the right to register it as the only one that can register a default is the original creditor

Personally I would SAR lowell and Shop Direct since the account is now paid off

See what they both send back and compare the replies

I suspect that SD will say we have nothing, it is lowell's problem now, or words to that affect, DON'T accept this drivil, it is the info that they hold about you that you want not what the status of, or who owns the account now, which is what they will likely reply to

I am assuming you already have your CRA history before you know that lowells have registered the default, so if and when you get your SAR request complied with then just compare the dates and see if they fit into the proper timeline, I suspect they won't tho, which gives you ground to have the default removed on it's own

[bobbyg]

Re: Help removing paid default - Lowell

Sorry, i know this is an old thread but i'm having a similar problem and would love some advice.

Basically i had a phone contract with orange, kept up the payments and never had a problem. My friend was paying like £50 a week on Pay as you go top up and i suggested he take my account and save himself some cash so i rang up orange and asked for a transfer of ownership to be done which they said they had on that very same phone call. God knows how many months down the line i get a letter from lowell telling me i owe them £140 but if i paid as soon as possible if would avoid going into default so i paid straight away assuming they would keep their word (silly me).

So i rung orange and they said no transfer of ownership was requested so i got absolutely nowhere with them but there was no default ever placed on my credit file from orange.

And i rung lowell and conveniently they have no copy of the letter saying that it would avoid going into default so again, i got nowhere but they were the ones who placed the default on my file.

Any suggestions or information would be extremely appreciated.

[FlamingParrot]

Re: Help removing paid default - Lowell

God knows how many months down the line i get a letter from lowell telling me i owe them £140 but if i paid as soon as possible if would avoid going into default so i paid straight away assuming they would keep their word (silly me).

So i rung orange and they said no transfer of ownership was requested so i got absolutely nowhere with them but there was no default ever placed on my credit file from orange.

And i rung lowell and conveniently they have no copy of the letter saying that it would avoid going into default so again, i got nowhere but they were the ones who placed the default on my file.

Do you have your own copy of the letter saying if you paid, you wouldn't go into default? Have you got evidence that you made a payment (for example, a bank statement)? If so, you should be able to contact the CRAs, asking them to remove the default. :typing:

p.s.: We all love Lowell here on LB!

[bobbyg]

Re: Help removing paid default - Lowell

Sadly no, i don't, i stupidly threw it away assuming the matter was over and done with a while ago.

I have Lowell's address though and am getting a Postal order so i can make a SAR request.

Would it be worth doing the same for Orange even though it was Lowell that registered the default?

If i dig back far enough i'm positive i could bring up a statement showing that i made a full payment.

Sorry, complete newcomer to this site..... CRA's?

[FlamingParrot]

Re: Help removing paid default - Lowell

Sadly no, i don't, i stupidly threw it away assuming the matter was over and done with a while ago.

I have Lowell's address though and am getting a Postal order so i can make a SAR request.

Would it be worth doing the same for Orange even though it was Lowell that registered the default?

Normally you'd send a SAR to the original creditor (Orange in this case) rather than the debt purchaser, because they are the ones who would have all the historical data such as statements.Each Sar will cost £10 + postage.

If i dig back far enough i'm positive i could bring up a statement showing that i made a full payment.

You could well get that from one of your own bank statements.

Sorry, complete newcomer to this site..... CRA's?

CRAs = Credit Reference Agencies, i.e. Experian, Equifax, Call Credit.

Sorry, one gets used to the jargon.

[bobbyg]

Re: Help removing paid default - Lowell

Okay, got some good news.

Found an online copy of the card i paid lowell with stating the date as 27/11/12 but my credit file shows the account updated as of 30/12/12.

Would that be normal for the account to be updated late even though there is over a months difference?

And as for the SAR, so should i send one to Orange even though the letter and the default were both from Lowell?

[FlamingParrot]

Re: Help removing paid default - Lowell

Now you have found proof of payment being made, it may be worth contacting the Credit Reference Agencies with a copy of that before doing anything else.

A SAR may not always include a copy every letter that was sent - they may argue they don't hold them on file and a SAR is a request for all data held about you, not a record of every letter sent.

If Lowell sent the letter, Orange won't have a record of it. You'd SAR Orange to get copies of all your mobile bills if there was a dispute with the amounts charged, etc. Knowing Lowell, :lie::lie::lie: I doubt they'd send you a copy of *that* letter with a SAR, having said that, if you don't mind forking out £10 + postage, you can always try. :decision:

[bobbyg]

Re: Help removing paid default - Lowell

Okay so just to pick your brains lol........

Say Lowell does try the whole "Sorry, we don't have that letter....", Would i have any grounds to get the default removed?

[FlamingParrot]

Re: Help removing paid default - Lowell

Okay so just to pick your brains lol........

Say Lowell does try the whole "Sorry, we don't have that letter....", Would i have any grounds to get the default removed?

I would try contacting the CRAs directly with proof of payment, telling them Lowell said they would not register a default. Nothing is guaranteed 100% but it has worked in some cases and you've got nothing to lose. ray:

[bobbyg]

Re: Help removing paid default - Lowell

Okay, contacted CreditExpert like you suggested.....

They basically said that it was a dispute between myself and Lowell and i would need a copy of the letter that they sent me for anything to be done.

I have read up a little bit on this though and was wondering....

Because Lowell isn't the original creditor and they registered the default, not orange.... Does that mean the information is wrong because they wouldn't be able to register the default?

And because i never received any letters from Orange about an overdue amount / default notices.... Does that mean that i have a case to argue lack of notice?

[FlamingParrot]

Re: Help removing paid default - Lowell

Okay, contacted CreditExpert like you suggested.....

They basically said that it was a dispute between myself and Lowell and i would need a copy of the letter that they sent me for anything to be done.

I have read up a little bit on this though and was wondering....

Because Lowell isn't the original creditor and they registered the default, not orange.... Does that mean the information is wrong because they wouldn't be able to register the default?

And because i never received any letters from Orange about an overdue amount / default notices.... Does that mean that i have a case to argue lack of notice?

As debt purchasers, Lowell would only buy defaulted accounts. Presumably a default would have been originally recorded by Orange, who should have stated their intention to file a default. You may want to look at this part of the Guidance Notes with regards to the need to notify you of their intention to file a default:

Notices of intention to file a default

32 Lenders should tell their customers about filing information with a credit reference agency as part of the account opening procedure, in line with the requirements of the ‘fair processing code’ This explanation will not normally refer explicitly to defaults and will often be distant from the events which cause them. Therefore we strongly recommend that a notice of the intention to file a default should be served. Many lenders now subscribe to trade association codes of practice which require this. This practice helps the transparency of the credit reference process and may even prompt payment, so avoiding the need to file a default at all.

33 Notices to comply with

Sections 13.7 of the Banking Code and 7.5 of the Lending Code should provide adequate warning. A notice of intention to file a default can be sent with a formal default notice under Section 87 of the ConsumerCredit Act 1974. Where lenders are not required to issue these notices, they can send an intention to file default through a final demand, letter or relevant account statement,which should make clear not only the intention to file but also the date of the intended default. The date should allow the customer enough time to respond properly. Lenders who have to provide a notice of intention to file a default under a relevant code of practice should be aware that not complying with the code may be taken into account in any assessment of the fairness of their processing.

34 When a default occurs in line with the criteria in this guidance, and the lender has given the customer 28 days notice of the intention to file adefault, then subject to paragraph 37, the lender may supply this information to a credit reference agency despite no advance warning when the account was opened.

[Gorang]

Re: Help removing paid default - Lowell

Because Lowell isn't the original creditor and they registered the default, not orange....

did the CRA confirm that it was definitely Lowell that registered the default and NOT orange

I have heard before of defaults being UPDATED by the ones that have bought the debt
BUT
It IS the ONLY the original creditor that can register a default in the first place
IF Lowell IS the ones that actually registered the default in the first place then I suspect that the default is INVALID as they were NOT the original creditor

i get a letter from lowell telling me i owe them £140 but if i paid as soon as possible if would avoid going into default so i paid straight away assuming they would keep their word (silly me).

So i rung orange and they said no transfer of ownership was requested so i got absolutely nowhere with them but there was no default ever placed on my credit file from orange.

And i rung lowell and conveniently they have no copy of the letter saying that it would avoid going into default so again, i got nowhere but they were the ones who placed the default on my file.

Am I right in assuming that Lowell are only ACTING on behalf of orange or is Lowell saying that the debt now belongs to them now????

[bobbyg]

Re: Help removing paid default - Lowell

Lowell is telling me that the account belongs to them and that they bought it off of orange.

But on my credit file i have never had a default registered by orange, it was only Lowell that put it on but i will ring up CreditExpert again to confirm this tomorrow.