Lowell - Default added after 7 years of Account closing

[Skid]

Hi

I'm new to the forum, so forgive me if I neglect some protocol. I've had a read through and I am sure my case is not unique. It seems Lowell have a reputation!

My situation is:-

I had a T mobile account many years ago (I was unsure when, but have since found out the account was closed in 2004). The final balance was paid by cheque and cashed by T Mobile on my behalf by my brother. For whatever reason, this wasn't noted on my account. Demands were sent to me, but I ignored them as the bill had been paid (my mistake I now know, that I should have resolved).

I had then forgotten about the issue and had moved several times since 2004. Now, I am in a relationship and settled down, I am on the electoral roll, I then received a letter from Lowell to contact them about an outstanding debt of £170.

I knew 2 things, 1 this was paid (in my eyes anyway) and 2 that it was statute barred anyway. I have contacted my brother, but due to the time elapsed I cannot get any proof of the payment made.

I have struggled with getting credit in the last few years and put it down to changing addresses and high outgoings and no savings. I have been now looking to get a mortgage, so I took the trouble to check my Experian credit report. To my dismay there is a default from Lowells on there for £17. It states it was 'started' Jan 2010 and the default date is 4th Feb 2011

So my question is, as I cannot prove that the debt was originally paid, can I tell them to remove the default on the basis it was added on 4th Feb 2011 when the account was closed by T Mobile in 2004 ? In addition, i have never received a default notice as they haven't held the correct address?

Any help will be massively appreciated as I am desperate to get my mortgage sorted!!!

thanks

skid

[Nibbler]

Re: Lowell - Default added after 7 years of Account closing

If you are sure that it is SB, then it would be a complaint to Lowell and the CRAs that they are recording inaccurate information on your credit file and as such are in breach of the DPA.

You have to think that debt collectors do this to provoke contact on old debt rather than it being down to pure incompetence on their part. Hard to say whether that is really the case, but with Lowells incompetence or malicious intent are both genuine possibilities.

[FlamingParrot]

Re: Lowell - Default added after 7 years of Account closing

I had then forgotten about the issue and had moved several times since 2004. Now, I am in a relationship and settled down, I am on the electoral roll, I then received a letter from Lowell to contact them about an outstanding debt of £170.

I knew 2 things, 1 this was paid (in my eyes anyway) and 2 that it was statute barred anyway. I have contacted my brother, but due to the time elapsed I cannot get any proof of the payment made.

At this point, it doesn't matter whether it was paid or not, even if it wasn't, it's SBd, end of story. Once you inform the DCA of this fact, they should stop all collection activity.

So my question is, as I cannot prove that the debt was originally paid, can I tell them to remove the default on the basis it was added on 4th Feb 2011 when the account was closed by T Mobile in 2004 ? In addition, i have never received a default notice as they haven't held the correct address?

Regardless of whether you received a DN or not, a default should be recorded between 3 and 6 months after you break a contractual agreement, not years later. If the default is not removed, your next step would be to complain to the ICO.

If you are sure that it is SB, then it would be a complaint to Lowell and the CRAs that they are recording inaccurate information on your credit file and as such are in breach of the DPA.

You have to think that debt collectors do this to provoke contact on old debt rather than it being down to pure incompetence on their part. Hard to say whether that is really the case, but with Lowells incompetence or malicious intent are both genuine possibilities.

Statute Barred or not, the default should have been recorded in 2004. In some cases an old debt may not be SBd because payments have been made (for example, on a DMP), but the default should still be recorded 3 to 6 months after the breach as per OFT guidelines, not years later.

Lowells do seem to think they are above the law! :mad2: :mad2: :mad2:

[Nibbler]

Re: Lowell - Default added after 7 years of Account closing

Statute Barred or not, the default should have been recorded in 2004.

Correct. I said "If you are sure it is SB" as if there is any uncertainly in that then it might be wise to leave the issue until the OP is sure. That is all.

[Skid]

Re: Lowell - Default added after 7 years of Account closing

Just an update. I wrote an email and followed it up with a call stating the above and yesterday they advised me that the account has now been closed with Lowell and no money is owed. They have just confirmed this by email that the account is closed and no balance is due as a 'gesture of goodwill'. There is however no word of removing the default.

When I spoke to them yesterday, they were adament that Lowell do not put on defaults and it would have been the originator who put that on. They said I should take the matter up with Experian. Is that really the case? I explained that Experian had the default logged as Lowell not T Mobile, but again they said it was nothing to do with them. Am I being fobbed off?!

[Nibbler]

Re: Lowell - Default added after 7 years of Account closing

Yes, you are being fobbed off. If it is in Lowells name, then it is up to them to deal with it.

[FlamingParrot]

Re: Lowell - Default added after 7 years of Account closing

If the Lowlifes won't own up, you'll have to contact the ICO. These are the ICO guidelines for filing defaults with CRAs: http://www.ico.org.uk/for_organisati...%20%20doc.ashx

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

[Roy Clayton]

Re: Lowell - Default added after 7 years of Account closing

I have a real issue with the ICO on point 39 of the Technical Guidance which they appeared not to be aware of. I explained that I had made a DPA Section 7 request for all my information to both Lowell and 3 mobile and neither organisation had any records to support a default on my Experian file and therefore in accordance with the ICO's own guidance they had to find in my favour that Lowell breached the DPA. Amazingly they remained adament Lowell had done nothing wrong. It became apparent that the ICO could not have seen any evidence from Lowell to support the default entry and had merely accepted verbal assurance from Lowell that the entry was incorrect.

Furthermore the ICO concluded that Lowell had complied with a DPA Section 7 request in 41 days. Although their rules say no extention can be given to the 41 days they said they should allow a day for postage. My DPA request was made to Lowell by recorded delivery on 9 June 2012 and a copy was sent to Blackpool County Court the same day with a £45 direction fee and request for the Judge to instruct Lowell to comply. On 24th July 2012 the Judge gave a Direction that Lowell should comply with the request made under Section 7 of the DPA letter of 9 July 2012. Belt and braces a recorded delivery reminder was sent 8 August 2012 with £10 fee. Lowell partially complied on 2 October 2012. I will LB;ers do the maths but sure 9 June 2012 to 3 October 2012 is more than 40 days. The ICO dont appreciate that the court direction at the very least should start the clock. I have no faith in the competence of the ICO whatsoever when it comes to Lowell.

[Nibbler]

Re: Lowell - Default added after 7 years of Account closing

ICO really is the last resort. In the short term it would be better to keep badgering Lowells to correct the entry, rather than depending on an ICO complaint.

A long while ago a Lowell Rep starting spamming forums like OTR. They got banned obviously, but did post a half useful email address before they did. ComplaintsResolution @ LowellGroup.co.uk That email does often seem to get through to someone with brain cells that number in double figures, so may be worth a shot.

[Roy Clayton]

Re: Lowell - Default added after 7 years of Account closing

From personal experience I don't believe Lowell have any interest in complaint resolution and you would need an entire office to make double figures in brain cells. Lowell just want the money and are not interested if the debt is genuinely owed. I was in communication with Lowell at the highest level. I asked their compliance director at court what they understood of my dispute with the original creditor? Even though Lowell claimed to ICO, my MP and the OFT that my complaint had been fully investigated, they could not tell me anything about it. I tried to be reasonable and discuss my issues and it was a waste of time. ICO and OFT is my advice. I won my case spectacularly and got the erroneous entry removed from my credit file Lowell had three years to resolve the issues and did not have the competence or integrity.

[Celestine]

Re: Lowell - Default added after 7 years of Account closing

From personal experience I don't believe Lowell have any interest in complaint resolution and you would need an entire office to make double figures in brain cells. Lowell just want the money and are not interested if the debt is genuinely owed. I was in communication with Lowell at the highest level. I asked their compliance director at court what they understood of my dispute with the original creditor? Even though Lowell claimed to ICO, my MP and the OFT that my complaint had been fully investigated, they could not tell me anything about it. I tried to be reasonable and discuss my issues and it was a waste of time. ICO and OFT is my advice. I won my case spectacularly and got the erroneous entry removed from my credit file Lowell had three years to resolve the issues and did not have the competence or integrity.

I'd really like to read more on this Roy. Do you have a thread going anywhere?

[CleverClogs]

Re: Lowell - Default added after 7 years of Account closing

I have no faith in the competence of the ICO whatsoever when it comes to Lowell.

I sometimes refer to them as the Indolent & Clueless Office.

[Roy Clayton]

Re: Lowell - Default added after 7 years of Account closing

Hi Celestine
Yes I have a few threads here on my three year battle with Lowell which I would urge any LB ers to read if they have problems with mobile phone agreements or with Lowell. They give an insight into some of Lowell's dirty tricks and what to expect particularly when trying to access information. The threads are Mobile phones and Lowell and Lowell victory in court. I have kept all my papers over three years worth and I have the court transcript of the original case which I lost, due to administrative errors on the part of the court. The courts provided the transcript free of charge and waived appeal fees and apologised. I keep all my papers for two reasons. Firstly it allows me to speak the truth with impunity and secondly I hope that one day that independent web sites like this will result in Lowell being truly outed by shaming the regulators into taking action. Thanks to all the people from Leagle Beagles that helped me win my appeal and gave me confidence to fight for justice

[Skid]

Re: Lowell - Default added after 7 years of Account closing

Final update: I followed up their email confirming that I required the default to be removed. (Lowell had already agreed to clear the amount outstanding). I had no acknowledgement despite a further chaser email. However, I have today found on my experian report that the default has now been removed. I am absolutely thrilled as now, my rating is much improved ( by nearly 100 points).

I appreciate there is a lot of negative feedback with Lowell, but apart from being given some duff information from their call centre about the removal of defaults, they have acted swiftly to resolve this. Maybe I'm one of the lucky ones, but my message to anyone out there is to keep trying. Invest in a credit report and do what you can to fix it. I've turned over a new leaf now and my credit score is so important to me. I ma going to regularly check it and ensure there are no mistakes in the future as this can seriously jeopordise your day to day life.

Thank you all to everyone who has replied and assisted. This is a great forum and will recommend to all.

Good luck all.

Skid

[FlamingParrot]

Re: Lowell - Default added after 7 years of Account closing

Final update: I followed up their email confirming that I required the default to be removed. (Lowell had already agreed to clear the amount outstanding). I had no acknowledgement despite a further chaser email. However, I have today found on my experian report that the default has now been removed. I am absolutely thrilled as now, my rating is much improved ( by nearly 100 points).

I appreciate there is a lot of negative feedback with Lowell, but apart from being given some duff information from their call centre about the removal of defaults, they have acted swiftly to resolve this. Maybe I'm one of the lucky ones, but my message to anyone out there is to keep trying. Invest in a credit report and do what you can to fix it. I've turned over a new leaf now and my credit score is so important to me. I ma going to regularly check it and ensure there are no mistakes in the future as this can seriously jeopordise your day to day life.

Thank you all to everyone who has replied and assisted. This is a great forum and will recommend to all.

Good luck all.

Skid

That's excellent news! :cheer2::cheer2::cheer2:

Lowell must hate LB! :beagle::beagle::beagle::high5::high5::high5::high 5: