Lowells and CRA.

[big.syd]

Original debt was with Barclaycard
Last payment june 2009

Default notice served by Mercers 1st October 2009.

Went round the houses, via Mercers,Scotcall,Calder, Credit Solutions, Power 2 Contact, AIC, and Wescot between October 2009, and May 2011.

Then nothing until May 2012 when Lowells popped their head above the parapet.
Lowells had the account for a year. No collection activity on this account since April 2013, from anyone.

Lowells, and all the others were reminded of the fact no CCA was ever sent to me.

The debt is now statute barred but my concerns are about Lowells reporting on the credit files.

The default date is stated as 22 April 2010 with default amount £9k+. On this date the account was on hold with Credit Solutions, whilst they investigated my cca request. So this date can not be correct.

The account is showing as closed May 2013 balance 0 (never made any payment).
The file shows partial settlement recieved. Yet also shows no lump payment recorded.
Curiously the only marker on the file is (ps) in May 2013, nothing before or after.

The file says report until April 2016.

Im inclined to contact Lowells and question their management of my data, what do you all think.

[nightwatch]

Re: Lowells and CRA.

Was the default registered with the CRA's in 2009? there is a difference between a default being issued and sent to you and being listed as defaulted with CRA's
A company can send you a default notice to notify you of a breach in your payments and give you a time to remedy it, they may not register it on your credit file for up to 6 months later
so the default date of April 2010 would be correct and it should be removed from your credit file next year.
I would be tempted to hang fire on contacting Lowell as they could try and use it as an acknowledgement of the debt.They have had a couple of court cases where they are saying that SB runs from the registered Default date and not last payment, so be very careful,

If they are not chasing you for payment and the account is showing as closed I would stay out of the light

see if anyone else has an idea

[nightwatch]

Re: Lowells and CRA.

PS Credit solutions would only have been collection agents so it would be Barclaycard that put the Default onto your credit file, They have to default the account to be able to pass the account to someone else to collect.
If the default is now under Lowells name that would be because they bought the debt but the default date would stay the same as from when Barclaycard reported it to the CRA's

[big.syd]

Re: Lowells and CRA.

Thank you for your comments Nightwatch.
If my dates are right,and I of course have the original default notice, it is statute barred and will always remain that way, well that is my understanding of it. I will of course hold fire for the momment.
It is stated by many that the CRA pass the buck back to the owners/administrators of the account,which would alert Lowells anyway.
Just so strange that Lowells only show one month during the year they had it.
Should I send a copy of the default notice to the CRA ?

[MrsD]

Re: Lowells and CRA.

no I would just leave it alone at the moment

I'm not a big fan of messing around in your credit file, it usually invites a pile of letters not long after.

[big.syd]

Re: Lowells and CRA.

Is the default notice dated 1 October 2009 the default notice I must rely on in terms of statute of limitations?
In light of Johnos case I would not have relied on last payment plus one month,although I think in his case he will prevail.

[MrsD]

Re: Lowells and CRA.

when was your last full payment? Ours are all SB from the last date of payment because we were on a DMP for a time when all debts were defaulted, so the last payment was absolutely clear

[nightwatch]

Re: Lowells and CRA.

if your last payment was 1st July 2009 you would add 6 years +1 month to make it SB.(5 in Scotland) so 1st August2015 , this is as long as you have not sent any letters admitting the debt is yours, eg I refer you to my account with the ref xxxxx, or when I opened this account,,,,,
BUT Lowell are not following these rules
they are saying SB runs from the date the Default is registered on your credit file,( not the date on the default notice that was sent to you. that has no bearing on SB) so in your case Lowell would say it is NOT SB till next Year.
so do nothing for now, don't rock the boat Yet !!

[Never-In-Doubt]

Re: Lowells and CRA.

This explains what Nightwatch is saying above --> http://forums.all-about-debt.co.uk/s...l=1#post530266

[big.syd]

Re: Lowells and CRA.

if your last payment was 1st July 2009 you would add 6 years +1 month to make it SB.(5 in Scotland) so 1st August2015 , this is as long as you have not sent any letters admitting the debt is yours, eg I refer you to my account with the ref xxxxx, or when I opened this account,,,,,
BUT Lowell are not following these rules
they are saying SB runs from the date the Default is registered on your credit file,( not the date on the default notice that was sent to you. that has no bearing on SB) so in your case Lowell would say it is NOT SB till next Year.
so do nothing for now, don't rock the boat Yet !!

Well of course they would say that ........I dont think they would ever take action and follow through, based on such a tenious assertion.
However, the ICO priciples state .
Principle 1 Information should be accurate and up to date.
Principle 4. The date of Default recorded on the file would normally be the date on which a decision to file a Default becomes effective.eg, 28 days from the Default Notice.
So the worst scenario would be in my case
Default Notice dated 1 October 2009 , not remedied within 28 days, therefore CRA should have been showing default on file no later than, 29th October 2009.
My initial question also referred to Lowells having my account for over a year, yet only making one entry,after account was
closed, and claiming partial settlement....
I am not worried by this account,as it has dodgy D/N and I have never recieved a CCA,. Just wanted to give Lowells some grief.

Thanks for the link Niddy, just confirms that if I stand by my date as on Default Notice it is well and truly SB.

[big.syd]

Re: Lowells and CRA.

when was your last full payment? Ours are all SB from the last date of payment because we were on a DMP for a time when all debts were defaulted, so the last payment was absolutely clear

June 2009.

[jadex]

Re: Lowells and CRA.

Principle 4. The date of Default recorded on the file would normally be the date on which a decision to file a Default becomes effective.eg, 28 days from the Default Notice.
So the worst scenario would be in my case
Default Notice dated 1 October 2009 , not remedied within 28 days, therefore CRA should have been showing default on file no later than, 29th October 2009.

your faith in Principle 4 is strong, however I do not think it works that way
I also used to have Barclaycard - last payment in Dec 2009, default notice - Mar 2010, default mark on credit file - Sep 2010 (apparently inline with common practise)

[The Tech Clerk]

Re: Lowells and CRA.

filed within 6 months is noted by the FOS etc, what they hint at is beyond that period is viewed as unfair as a company could extend time limit to just under 6 years then file default which would in all purposes hit nearly 12 years on file, and viewed as unfair practice if instituted, therefore last payment + 30 days in viewed as normal not what DCAs wish, as cause of action is set off by no payment not default date, no wonder they loose the argument if challenged.

[big.syd]

Re: Lowells and CRA.

filed within 6 months is noted by the FOS etc, what they hint at is beyond that period is viewed as unfair as a company could extend time limit to just under 6 years then file default which would in all purposes hit nearly 12 years on file, and viewed as unfair practice if instituted, therefore last payment + 30 days in viewed as normal not what DCAs wish, as cause of action is set off by no payment not default date, no wonder they loose the argument if challenged.

Lets hope that Johno gets to prove it, and that will clarify it for all. The fact that Pra already have his money, gives them little option to defend, so it should be of value to all debters.
So i'm SB but have to live with the default on my file for a little longer.
Any thoughts on the recording of my data would be appreciated.
Thank you.

[Never-In-Doubt]

Re: Lowells and CRA.

Thanks for the link Niddy, just confirms that if I stand by my date as on Default Notice it is well and truly SB.

Does it...?

I explained things in my quote - the DN (default notice) is quite irrelevant.....

We've not had a result of the cases we're fighting so your attitude is a bit 'brave' as things stand..... leave sleeping dogs and all that