Myself and my husband are in a DMP and have been for 4 years.
Lowell have control of two debts, one of mine, one of my husbands.
The DMP is paid on the same day each month, with payments then received by creditors 10 days later.
Lowell, every month since they bought both debts are recording 'late payment' on each.
My husband disputed it via Noddle, and received a letter stating Lowell have not responded and the debt is temporarily hidden from credit files, but Lowell can add it back on at any time.
I spoke to Lowell directly regarding mine and was told it would be sent to the complaints department. That was three weeks ago, and no response so far.
How do I move forward and get these debts recorded properly if the creditor doesn't respond?
If Lowell keep marking your credit file(s) incorrectly, then you should make an official written complaint (via Royal Mail). Then if they either don't respond within eight weeks, or you find yourself at deadlock, then you can escalate to the ICO.
But to be honest is does not really matter as the debt is toxic on your credit files either way. Has the account been defaulted?
Last edited by Willing2Learn; 14-04-2019 at 10:02 AM.
No the account hasn't defaulted.
It doesn't matter? It matters to me. I'm trying to clear my debts, they're receiving payment on time but recording late.
Get them to default the account from the earliest date. Any subsequent marks will be irrelevant.
Lowell have said they don't default.
The account must have been defaulted by the original lender in order for it to be sold to Lowell. Lowell are a debt buyer, not a debt collection agency.
Lowell are correct that they should not add a new default date. They should be recording the one given to them by the original lender.
If it's a mobile phone debt or something else not consumer credit act, then the contract termination date is used.
If your account is marked as an Arrangement to Pay (AP), then it will be marked on your credit file(s) for six years after you settle the debt.
If your account is defaulted, then it will be removed from your credit file(s) six years from the date of default.
As both an AP or default are equally as toxic as each other, then a default is preferable as it is removed from your credit file(s) so much earlier. You can still ask the original creditor to default you, backdated to when you were 3-6 months in arrears of the original agreement.
How do I go about requesting a default?
If the original creditor did not default you, then ask the original creditor to comply with the ICO guidance and default the account (backdated to when you were 3-6 months in arrears of the original agreement).
"As a market leader debt purchaser for over ten years, we're renowned for our great customer experience that gets you exactly where you want to be. Many people struggle to pay a bill, your original debt may have been with another company, we have purchased your debt from them and now are the legal owners of the debt".
Lowell are a major player in the debt purchasing market, thats all they do, in order for your accounts to be sold to lowell, they must have been defaulted by the original creditor.
Lowell are not a debt collection agency, they are a debt purchasor, they work under the banners of "Lowell portfolio 1 ltd", "Lowell Solicitors Ltd" and "Fredrickson International Ltd".
Lowell will not default your accounts as they must already be defaulted, therefore they cannot default twice, you should make a SAR request to the original creditor which will show you the papertrail of events.
you should make a SAR request to the original creditor which will show you the papertrail of events.
SAR- Subject Accress Request under the data protection act.
ICO website has a template letter you can use.
Any need for the attitude??
As I've previously said, the account isn't saying it's gone into default unlike my husbands Lowell account shows.
Don't worry about Gary. If it's any consolation, he's apparently great at parties.
Back on topic, you submit the Subject Access Request (SAR) to the original lender. From the SAR you will get the data that the original lenders held on you, specifically when and if they defaulted you. If they never defaulted you, then you would need to request that they do so, backdated to when you were 3-6 months in arrears.
Out of interest, what type of account was it originally? A loan, credit card, or....???
One account was a credit card, the other was a Studio account (mail order).
Thank you for the info. I've never challenged anything on my file so it's a bit daunting.
Just as an aside, I think Lowell now have permissions so they can hold non defaulted debts. However, it would be much better to get the account defaulted then 6 years on it will vanish.