Default lowell

[Aggs12]

I have been trying to get a default removed from my Lowell account which has been closed since 2010. It appears as Lowell on my experian report but it was from a debt from shop direct. I sent them a letter asking for the original default notice and they told me the following.....

[Aggs12]

Re: Not sure if this is correct sub-forum but Default help required

Your comments have been noted but we would advise that legally we do not have to provide you with a default notice from ourselves as you will have received the default notice from the original creditor at the time your account went into default. When the account entered into default with shop direct, they would have recorded a default entry on your credit file. When the account was purchased by us, the existing default will then be amended in to the name of Lowell portfolio 1 ltd.
please be advised we are unable to remove details of defaults as we are required to reflect true and accurate information on how your account has been conducted. As we are legally obliged to show this information for a maximum of 6 years from the date of the default the information will not be removed from your credit file.
Upon receipt of your full and final payment, all the relevant credit reference agencies were contacted to amend the outstanding default to show as satisfied with a zero balance.
With regards to your request for a copy of your credit agreement in accordance with s77 (1)/ S 78(1) of the customer credit act 1974. As our account was repaid in full on 14th June 2012 we would advise you that S77 (3A) expressly states that we do not need to comply with your request where no sums of money are outstanding on the account. Please, therefore, find enclosed the £1 sent with your letter.
We hope the above meets your approval but if you have any further queries please do not hesitate to contact us on 0113 3086085

[SXGuy]

Re: Not sure if this is correct sub-forum but Default help required

Ok they are correct in what they say. They do not need to supply you with a cca if the account has been repaid and closed. Also when a debt is purchased the default transfers over. It's not two defaults it's one. The original gets marked as satisfied. The only sticking point is whether the default date is correct. It should be no later than 9 months after the first missed payment. Not the date you made the last payment. Is the default date correct?

[Aggs12]

Default lowell

Can anyone help? I sent a letter asking for a copy of my default and they sent me this letter back

- - - Updated - - -

Your comments have been noted but we would advise that legally we do not have to provide you with a default notice from ourselves as you will have received the default notice from the original creditor at the time your account went into default. When the account entered into default with shop direct, they would have recorded a default entry on your credit file. When the account was purchased by us, the existing default will then be amended in to the name of Lowell portfolio 1 ltd.
please be advised we are unable to remove details of defaults as we are required to reflect true and accurate information on how your account has been conducted. As we are legally obliged to show this information for a maximum of 6 years from the date of the default the information will not be removed from your credit file.
Upon receipt of your full and final payment, all the relevant credit reference agencies were contacted to amend the outstanding default to show as satisfied with a zero balance.
With regards to your request for a copy of your credit agreement in accordance with s77 (1)/ S 78(1) of the customer credit act 1974. As our account was repaid in full on 14th June 2012 we would advise you that S77 (3A) expressly states that we do not need to comply with your request where no sums of money are outstanding on the account. Please, therefore, find enclosed the £1 sent with your letter.
We hope the above meets your approval but if you have any further queries please do not hesitate to contact us on 0113 3086085

[Aggs12]

Re: Not sure if this is correct sub-forum but Default help required

I have been trying to get a default removed from my Lowell account which has been closed since 2010. It appears as Lowell on my experian report but it was from a debt from shop direct. I sent them a letter asking for the original default notice and they told me the following.....

04-01-2011 is the date it shows on experian

[Aggs12]

Re: Not sure if this is correct sub-forum but Default help required

I have been trying to get a default removed from my Lowell account which has been closed since 2010. It appears as Lowell on my experian report but it was from a debt from shop direct. I sent them a letter asking for the original default notice and they told me the following.....

£164 was the debt and it's all paid. Seems stupid that so little effects your credit file for 6 years

[Never-In-Doubt]

Re: Default lowell

who is the original creditor and who is the DCA?

However they are right, to get a copy of the DN you'd SAR the original creditor. It does not form part of any CCA request (ie. s.78)

I'd also read this to learn the difference between a default on the Credit File versus one by virtue of breaching your agreement under s.87/88 CCA1974 --> http://forums.all-about-debt.co.uk/s...87-s88-CCA1974

[Aggs12]

Re: Default lowell

Many thanks. It looks like I have exhausted every avenue here. Maybe I will try my luck with a sob story on how I can't obtain credit ect

[SaltnVinegar]

Re: Default lowell

Many thanks. It looks like I have exhausted every avenue here. Maybe I will try my luck with a sob story on how I can't obtain credit ect

I really wouldn't bother wasting the money on a stamp as Lowell really won't give a stuff about a sob story. As they have stated they will report to the CRA's as to the conduct of that account. As long as that is accurate then its not likely they will budge from their position.

As the date recorded with the CRA's is in 2011, then this shouldn't be a blocker for you to the credit market if this is the only default, especially if it has been paid off.

Many lenders for credit cards/loans etc don't look beyond 3 years so as long as this is the only adverse mark on your credit file then you should start to find that your access to credit will improve.

There are even some mortgage lenders (GE Money off the top of my head), that will lend to people with Defaults as long as they are longer than 2 years ago and less than a certain amount (I recall GE limit was £250). Another couple of years and that default will drop off your credit report and you won't have to worry about it at all.

[panther12]

Re: Default lowell

Aggs, I fear you have lost the bargaining tool as they won't give a damn now it's paid off. As it's a shop direct account for £164 I'm sure lowell would have closed it as a goodwill gesture if you had done a cca request and they hadn't got the docs. I don't think shop direct always reported it to CRAs but any default date that lowell report should match and relace that of shopdirect, had they bothered to report it.