Default from Lowells -HELP

[Neo]

Hi All,

I am currently having issues with a "DEFAULT" on my credit file that is preventing me from getting a mortgage and providing a decent home for my family.

The default has been placed by Lowells DCA for a "DEBT" that they purchased from "ORANGE" FOR £132

I have contacted Orange to say I have no knowledge of any debt following the closing of my account I was informed that I could transfer my number to O2 as the account was cleared as final.

I have also spoken with Lowells and requested proof of any outstanding "DEBT" as I have never received any contact prior to registering with Experian after being informed by my bank that I should check my credit file.

Following an email to the CEO of Lowell I have received a response within the same day stating they are investigating this matter and would respond
( I can post email if that helps ) they have however requested my details name/address/dob as they want to respond via letter, stating that if I don't provide this they will send it to the address they have which is the one they contacted me on anyway.

I have spoken with Orange also via email (again can post if helps) who have said that they have never registered a default and that it was Lowells.

Can a DCA DEFAULT my Credit File without my knowledge or any contact ?

Can a DCA set up an account without my knowledge ?

I would appreciate any advice on where I stand with this and how I can get this removed ASAP

Many Thanks in advance

[Debt Camel]

Re: Default from Lowells -HELP

Could you post the Orange email please?

The first thing to establish is whether this debt is yours at all, or whether Lowells have just matched it up with the wrong person. For this you want to know if Orange records show any debt, not whether they registered a default. I understand it is the default you are concerned about, but the first thing is to clarify if there actually was a debt.

If Orange records show no debt, you need to tell Lowells this. Also give name, address, date of birth, inside leg measurement and favourite colour if they want - you don't legally have to supply these but you want this cleared up as soon as possible so just do it!

If Orange records show a debt, you want them to produce a statement showing how this debt arose and explain why they never contacted you about it. If after seeing that you agree you do owe the money, you need to:
a) pay it as soon as possible
b) add a note to your credit file saying you were unaware of this debt and have paid it as soon as you established what it was
c) ask Orange why they sold your debt to Lowells without registering a default.

[nemesis45]

Re: Default from Lowells -HELP

Hi All,

I am currently having issues with a "DEFAULT" on my credit file that is preventing me from getting a mortgage and providing a decent home for my family.

The default has been placed by Lowells DCA for a "DEBT" that they purchased from "ORANGE" FOR £132

I have contacted Orange to say I have no knowledge of any debt following the closing of my account I was informed that I could transfer my number to O2 as the account was cleared as final.

I have also spoken with Lowells and requested proof of any outstanding "DEBT" as I have never received any contact prior to registering with Experian after being informed by my bank that I should check my credit file.

Following an email to the CEO of Lowell I have received a response within the same day stating they are investigating this matter and would respond
( I can post email if that helps ) they have however requested my details name/address/dob as they want to respond via letter, stating that if I don't provide this they will send it to the address they have which is the one they contacted me on anyway.

I have spoken with Orange also via email (again can post if helps) who have said that they have never registered a default and that it was Lowells.

Can a DCA DEFAULT my Credit File without my knowledge or any contact ?

Can a DCA set up an account without my knowledge ?

I would appreciate any advice on where I stand with this and how I can get this removed ASAP

Many Thanks in advance

Hi,

Point 1. Lowell did not place or register the default is was originated by Orange. Lowell only updates the data originally placed by the creditor.
When a debt is sold the buyer in essence inherits the account ( Lowell is in the habit of listing entries as " Mobile Phone Account from Lowell".
I think you should write to the Data Controller at Orange (EE) talking to the customer ( dis) service is absolutely pointless, they have a company script and anything outside that remit gets an answer which is the first thing that comes into the persons " mind".

This is unfortunately all too common daft answers to simple questions just to get rid of the caller.

nem

[Neo]

Re: Default from Lowells -HELP

Case Reference: xxxxxxxxx
Account Number: xxxxxxxxx

Dear Mr

Thank you for recently contacting us regarding the Default mark on your credit report.

EE do not place default marks on customer's credit reports and this has been placed by Lowell. As we are not governed by the Consumer Credit Act we do not need to provide a default notice. However, you can query weather Lowell is required to provide this to you. I cannot give you this information as they are a separate company.

The balance on the account, which was sold to Lowell, was £132.94 and is correct. We did not receive payment for your final invoices following you leaving our network. You did not query this balance or the invoices at the time and therefore we have no grounds to clear the balance or update your credit report. Due to the length of time it has been since your account has closed, we do not hold a copy of the invoices but confirm they were your final port out fees and line rental amounts.

Should you wish to take this matter further, you would need to contact The Ombudsman Services who are EE's registered Alternative Dispute Resolution Scheme. I have provided their contact details for your convenience below:

Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU

Phone: 0330 440 1614
Fax: 0330 440 1615
Textphone: 0330 440 1600

Website: http://www.ombudsman-services.org/

Whilst I appreciate you will not be happy with this response, I trust I have fully clarified our position.

Kind regards,


Xxxxxx xxxxxxxxxx
EE Executive Office

[Neo]

Re: Default from Lowells -HELP

Thanks for your reply.
Orange have stated in the email I have shared above that the default was placed by Lowell and not Orange ?

Is this legal ?

- - - Updated - - -

Thanks for your reply I have posted the email

[Debt Camel]

Re: Default from Lowells -HELP

ok, so they are saying you definitely owed this money. How long ago was this? Did you move around that time which might account for you not getting the letters?

Was is the date of the default that Lowells have added?

I don't know the exact position of Lowells for this debt. A DCA is allowed to add a default for a consumer credit act debt (which this is not) if the original creditor didn't report to the CRA. This may well be a similar case.

[Neo]

Re: Default from Lowells -HELP

I paid the "final balance" to have my number ported over to O2 in July 2012.

I did move house however it was not until 01/09/13 (a year and 2 months later ??) with nothing ever being recieved to say I owe anything and the fact that the number was ported out following a final balance payment as requested the first I knew of this was when I checked my CF.

The default from Lowell is dated 05/02/2013 .

Can you clarify, as this is a mobile phone company and not covered by the CCA and no default was placed by Orange are Lowells legally allowed to place a default ?

Thanks again for your help its very much appreciated

[Debt Camel]

Re: Default from Lowells -HELP

Well 2012 is hardly ancient history.

I can try to find out whether Lowells are allowed to add a default but I am not confident this will come up with the answer that you want. So I suggest you don't wait for this but instead:

- put in a complaint to the Ombudsman Services as EE's letter says. explain you were told that your account was clear and that you were never sent an invoice after the port of your number suggesting that you owed any money. Say you are happy to pay any money that is owed if you can have an explanation of how the debt is calculated. Mention that you didn't move house until over a year later. If your credit record is otherwise perfect, point this out, saying that you have never missed a payment before.

- send a copy of the complaint letter to Lowell's saying that you dispute the debt and are complaining to the Ombudsman. Add that you wish to complain about how Lowell has handled this debt - they have never written to you about it (point out this is in breach of the CSA Code of Conduct section 9(t)). If they had written to you when they purchased the debt (which must have been before 05/02/13) then you could then have disputed the debt with EE before a default was issued. Ask them to delete the default whilst the complaint is with the Ombudsman and say you will settle the debt in full if the Ombudsman rules against you.

[nemesis45]

Re: Default from Lowells -HELP

Case Reference: xxxxxxxxx
Account Number: xxxxxxxxx

Dear Mr

Thank you for recently contacting us regarding the Default mark on your credit report.

EE do not place default marks on customer's credit reports and this has been placed by Lowell. As we are not governed by the Consumer Credit Act we do not need to provide a default notice. However, you can query weather Lowell is required to provide this to you. I cannot give you this information as they are a separate company.

The balance on the account, which was sold to Lowell, was £132.94 and is correct. We did not receive payment for your final invoices following you leaving our network. You did not query this balance or the invoices at the time and therefore we have no grounds to clear the balance or update your credit report. Due to the length of time it has been since your account has closed, we do not hold a copy of the invoices but confirm they were your final port out fees and line rental amounts.

Should you wish to take this matter further, you would need to contact The Ombudsman Services who are EE's registered Alternative Dispute Resolution Scheme. I have provided their contact details for your convenience below:

Ombudsman Services: Communications
PO Box 730
Warrington
WA4 6WU

Phone: 0330 440 1614
Fax: 0330 440 1615
Textphone: 0330 440 1600

Website: http://www.ombudsman-services.org/

Whilst I appreciate you will not be happy with this response, I trust I have fully clarified our position.

Kind regards,


Xxxxxx xxxxxxxxxx
EE Executive Office

I just don't believe this for one moment.
nem

[nemesis45]

Re: Default from Lowells -HELP

I paid the "final balance" to have my number ported over to O2 in July 2012.

I did move house however it was not until 01/09/13 (a year and 2 months later ??) with nothing ever being recieved to say I owe anything and the fact that the number was ported out following a final balance payment as requested the first I knew of this was when I checked my CF.

The default from Lowell is dated 05/02/2013 .

Can you clarify, as this is a mobile phone company and not covered by the CCA and no default was placed by Orange are Lowells legally allowed to place a default ?

Thanks again for your help its very much appreciated

Mobile phone agreements are " service contracts" not regulated by CCA 1974 No default
notices are required. I just don't believe EE's claim.
To allow a debt purchaser to place and report defaults is open to abuse i.e. hanging on to
purchased accounts and defaulting as and when it feels like pursuing payment puts an
alleged debtor at serious disadvantage.
The ICO is the regulator for matters like this.

nem

[Debt Camel]

Re: Default from Lowells -HELP

I am informed "The requirement to warn customers where possible before registering an account in default on a credit report is not limited to FCA authorised organisations – it’s a requirement for any firm joining the credit data sharing community."

I suggest you add this to your complaint to Lowell's . Not that they are not allowed to add this default (it won't help you if Lowells' say, oh yes, EE should have registered the default, we'll get them to do it now) but the fact that they didn't notify you before hand so you had no chance to rectify the situation.

[Neo]

Re: Default from Lowells -HELP

I just don't believe this for one moment.
nem

Hi again and thanks for taking the time to reply, When you say you don't believe it how do you mean ?

[Neo]

Re: Default from Lowells -HELP

Well 2012 is hardly ancient history.

I can try to find out whether Lowells are allowed to add a default but I am not confident this will come up with the answer that you want. So I suggest you don't wait for this but instead:

- put in a complaint to the Ombudsman Services as EE's letter says. explain you were told that your account was clear and that you were never sent an invoice after the port of your number suggesting that you owed any money. Say you are happy to pay any money that is owed if you can have an explanation of how the debt is calculated. Mention that you didn't move house until over a year later. If your credit record is otherwise perfect, point this out, saying that you have never missed a payment before.

- send a copy of the complaint letter to Lowell's saying that you dispute the debt and are complaining to the Ombudsman. Add that you wish to complain about how Lowell has handled this debt - they have never written to you about it (point out this is in breach of the CSA Code of Conduct section 9(t)). If they had written to you when they purchased the debt (which must have been before 05/02/13) then you could then have disputed the debt with EE before a default was issued. Ask them to delete the default whilst the complaint is with the Ombudsman and say you will settle the debt in full if the Ombudsman rules against you.

I am informed "The requirement to warn customers where possible before registering an account in default on a credit report is not limited to FCA authorised organisations – it’s a requirement for any firm joining the credit data sharing community."

I suggest you add this to your complaint to Lowell's . Not that they are not allowed to add this default (it won't help you if Lowells' say, oh yes, EE should have registered the default, we'll get them to do it now) but the fact that they didn't notify you before hand so you had no chance to rectify the situation.

Thank you for taking the time to help me with this, just to clarify an this be done via email or does it need to be by letter ?

The last email I had from Lowell is included below

Dear Mr XXXX XXXXXX

Lowell Complaint Reference: XXXXXX

Thank you for your email dated 27 November 2015 to Mr James Cornell, Chief Executive Officer. All of your comments have been noted.

I can confirm that the Customer Relations Department now owns your complaint and I will be conducting a thorough investigation into your concerns. Upon completion of this investigation I will write to you again with my resolution.

Regrettably, we have no authority to correspond with you via this email address, therefore, I request that you confirm your full address including postcode and your date of birth to allow me to verify the details. Should it be the case that these details are not received prior to our final response being issued, this will be sent to the postal address that we hold on record for you.

I have attached a copy of our internal Complaints Procedure for your information. Please take the time to read this, as it explains fully the steps we will follow in responding to your complaint.

In the meantime, if you have any queries, please do not hesitate to contact me by calling the free telephone number: 0800 542 0058*, which brings you directly through to the Complaints Resolution Department.

Yours sincerely


XXXX XXXXXXXXX
Customer Relations Officer
Lowell Financial Ltd

*You can call the Complaints Resolution team directly and for free, between 08:00 to 18:00 Monday to Friday – Tel: 0800 542 0058

[nemesis45]

Re: Default from Lowells -HELP

Thank you for taking the time to help me with this, just to clarify an this be done via email or does it need to be by letter ?

The last email I had from Lowell is included below

Dear Mr XXXX XXXXXX

Lowell Complaint Reference: XXXXXX

Thank you for your email dated 27 November 2015 to Mr James Cornell, Chief Executive Officer. All of your comments have been noted.

I can confirm that the Customer Relations Department now owns your complaint and I will be conducting a thorough investigation into your concerns. Upon completion of this investigation I will write to you again with my resolution.

Regrettably, we have no authority to correspond with you via this email address, therefore, I request that you confirm your full address including postcode and your date of birth to allow me to verify the details. Should it be the case that these details are not received prior to our final response being issued, this will be sent to the postal address that we hold on record for you.

I have attached a copy of our internal Complaints Procedure for your information. Please take the time to read this, as it explains fully the steps we will follow in responding to your complaint.

In the meantime, if you have any queries, please do not hesitate to contact me by calling the free telephone number: 0800 542 0058*, which brings you directly through to the Complaints Resolution Department.

Yours sincerely


XXXX XXXXXXXXX
Customer Relations Officer
Lowell Financial Ltd

*You can call the Complaints Resolution team directly and for free, between 08:00 to 18:00 Monday to Friday – Tel: 0800 542 0058

This is always a problem with Lowell and e-mails it is best/wise to use signed for post ( stay off the phone) send 1st Class signed for check delivery date.

nem

[Neo]

Re: Default from Lowells -HELP

This is always a problem with Lowell and e-mails it is best/wise to use signed for post ( stay off the phone) send 1st Class signed for check delivery date.

nem

I will do that first thing tomorrow, I am sure the answer will vary however as this is now really getting me down do you have any idea how long this process is likely to take ?