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Lowell - Defaults on my credit file which may be wrong

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  • Lowell - Defaults on my credit file which may be wrong

    Hello and thanks in advance for taking the time to read this informations.

    I wont bore you all with my tales of woe in terms of relationships, however I have been divorced a few years back and this resulted in a number of credit file problems in relation to accounts both in joint names and also personal one's where the divorce and costs incurred from the divorce meant I wasn't in a position to make some non essential payments.

    I have almost finished paying off loans (from family) and also solicitor costs and have been actively looking at my credit file the last year or so and trying to get it improved. I own a house from our marriage (my name only and all sorted legally) which is up to date and I plan to move as soon as possible so need to get the credit sorted.

    I have found a few entries on my file and am working to get them sorted and paid and/or planning to ignore them as I think they are due to fall off soon, below is some more information and also the copied information is from Noddle if this helps.

    British Gas - this was erroneously assigned to me as my ex wife never changed the name to her for the gas account for 5 months when I left. I spoke to British Gas yesterday and they have agreed it should be removed from credit reference agencies and quashed as its not mine. On this I wonder how long this should take them and also if I should follow any formal process of writing to them ? Can anyone advise ?

    Lowell Financial - this was a Vanquis credit card in my own name with the ex wife as a card holder. See below:

    Name
    Mr Leon *******

    Address
    *****************

    Date of birth
    **********

    Account type
    Credit Card

    Account number
    ****2612 0

    Account start date
    11/12/2006

    Opening balance
    £ 625

    Repayment frequency
    Monthly

    Date of default
    29/10/2010

    Default balance
    £ 625


    This one, my question is should I enter into a conversation with them on its legality on my file or bite the bullet and allow it to naturally fall off my file - am I right in assuming this will happen on or about 29th October 2016 naturally ?? It's obviously a sticky wicket as it was in my name but mostly used by her and we agreed in the divorce settlement that she paid it off and I added £312.25 to the settlement figure. I am not sure she has or if I can check - would it be possible to get this information from Vanquis ? Again, should I speak to them or let it ride until it falls off next October. Can I ask Vanquis what date they defaulted it and demand that Lowell change to this date as I am sure it would be around 2009 when we divorced that I stopped paying.

    Next - Again a sticky wicket as it was in my name but she used it. I didn't do anything with it in the divorce as it slipped my mind as they had stopped chasing. I called Next as this only defaulted in 2013, I was paying DD for minimum payment in that time having checked but when I changed bank I missed this. My question on this is if I pay Next the balance do they have to remove the default ? I intend to pay it either way so wonder if a lump sum makes it happen sooner or I pay it over a couple of months. ITs balance is less than £400.

    Lowell Financial - this was a catalogue/mail order account, Jacamo I think. Details below:

    Name
    Mr Leon ********

    Address
    *********************

    Date of birth
    ********

    Account type
    Mail Order

    Account number
    *****2981 0

    Account start date
    12/04/2008

    Opening balance
    £ 1,436

    Repayment frequency
    Monthly

    Date of default
    13/07/2010

    Default balance
    £ 1,436


    This one, my question is should I enter into a conversation with them on its legality on my file or bite the bullet and allow it to naturally fall off my file - am I right in assuming this will happen on or about 13th July 2016 naturally ?? I did stop paying this in around 2009 as well I think - should I just wait until July next year and it will disappear ?

    Thanks in advance for your help advice and pointers - if there is an area of the forum I can read up on this kind of thing please point me in the right direction.
    Tags: None

  • #2
    Re: Lowell - Defaults on my credit file which may be wrong

    To be honest any negotiations to remove these defaults will take months. I have been through it myself.

    In 12 months they will all drop off so i would bite the bullet and let these thing naturally come to an end.

    It is six years from the recorded default date when they will fall off, not from last payment.

    Patience comes to those who wait

    Comment


    • #3
      Re: Lowell - Defaults on my credit file which may be wrong

      Hi, I hope this gets through OK as I'm in an area with unreliable net service.
      A major point: paying off defaulted accounts does not result in the removal
      of credit file entries, the entry will be marked only as satisfied or partial
      satisfied if a settlement lower than the total balance is made.
      Entries remain on file for 6 years from the registered default date after which
      they are removed paid or not.
      From data provided these entries appear correct, nothing Unlawful!
      Any payment or unequivocal written admission of liability will reset the
      6 year " clock".
      On joint accounts both parties are liable ( jointly and severally) for the debt,
      for accounts with an additional card holder the account holder is solely
      liable for any debt.
      nem

      Comment


      • #4
        Re: Lowell - Defaults on my credit file which may be wrong

        Originally posted by nemesis45 View Post
        A major point: paying off defaulted accounts does not result in the removal
        of credit file entries, the entry will be marked only as satisfied or partial
        satisfied if a settlement lower than the total balance is made.
        Sorry for my ignorance, if the account is "in default" (the NEXT account I am referring to) and I pay it off will this then be marked as paid off and the default removed ? Does this then make the account up to date or does the default stay on file ?

        Originally posted by nemesis45 View Post
        Entries remain on file for 6 years from the registered default date after which
        they are removed paid or not.
        So I would be best to pay the Next account off and have this reverted to being up to date however I am best to ignore and not speak to Lowell on the other two for twelve months then I assume ?

        Originally posted by nemesis45 View Post
        Any payment or unequivocal written admission of liability will reset the
        6 year " clock".
        Lowell will be ignore then. I have read on here about Lowell changing the default date - is this correct - have they done this before does anyone know ? Any links to how to check/avoid this happening at all anybody??

        thanks Nem and all others who read this and reply.

        - - - Updated - - -

        Originally posted by judgemental24 View Post
        To be honest any negotiations to remove these defaults will take months. I have been through it myself.

        In 12 months they will all drop off so i would bite the bullet and let these thing naturally come to an end.

        It is six years from the recorded default date when they will fall off, not from last payment.

        Patience comes to those who wait
        Thanks - I was thinking this was the case from what I have read over the years on here but your first hand experience really helps put my mind at ease !

        Comment


        • #5
          Re: Lowell - Defaults on my credit file which may be wrong

          One thing I did miss was CCJ's - sorry these are probably most important !

          There are two listed on my file in the "Public Information" section. They are below:

          This was a car loan me and the ex wife took out, I was paying it for a few months but she still had the car and I stopped when I noticed she didn't have it anymore when passing the house (it is marked as active). She sold it I believe !

          Name
          Mr Leon *******

          Address
          ********************

          Judgment date
          01/04/2011

          Amount
          £ 8,717

          Court name
          Northampton


          And also one from United Utilities which I paid in full as soon as I noticed it on my file (it is marked Satisfied)

          Name
          Mr Leon **************

          Address
          ***********************

          Judgment date
          19/10/2009

          Amount
          £ 812

          Court name
          Northampton

          Date satisfied
          19/01/2011


          The question I have on these is the same really - am I correct to assume they should be removed after 6 years from the judgement date (regardless of if paid or not) ? Is this correct also ??

          Comment


          • #6
            Re: Lowell - Defaults on my credit file which may be wrong

            Yes, you are correct

            Comment


            • #7
              Re: Lowell - Defaults on my credit file which may be wrong

              Originally posted by leonmc0708 View Post
              Sorry for my ignorance, if the account is "in default" (the NEXT account I am referring to) and I pay it off will this then be marked as paid off and the default removed ? Does this then make the account up to date or does the default stay on file ?
              The default would remain. It would just be a satisfied default.

              Default means the original agreement ended as the relationship between you and the OC broke down. Paying it off now does not undo that fact.

              The previous history would stay, including the original default, and monthly status between that and settlement.

              Comment


              • #8
                Re: Lowell - Defaults on my credit file which may be wrong

                My last major defaulted entry has dropped off, Lowells have even admitted defeat and consider the matter closed, however, technically, I could pay off the debt when I am working again. (stay at home dad) ..

                Just the only default account now I have is VAnquis with Lowells, they say I "owe" £200 ish, vanquis owe me £325 in charges (£12 and overdrawn charges at £12, beggars belief really!) I was paying what owed on the card when i was working, once i finished work I even offered to clear the balance, which i did as i can see on the statements Lowells sent me, however, when you read through the charges and ROP charges, it amounts to more than I actually spent! Robbing gets....

                MY 2 ccjs have been removed also, 2006 when we moved, British Gas couldn't be bothered to find us and hit me for ...£38! We are with them now at our new address since we moved, not exactly brain surgeons are they! (they said they couldn't trace us after we moved, funny that as we have recorded payments when we first moved in to pay the balance off at our old address, it was only about £70 ish so we paid half when we moved, and well, on top of a rewire etc just forgot about it. We never got any reminders about the thirty odd quid and got a CCJ..bar stewards.

                Comment


                • #9
                  Re: Lowell - Defaults on my credit file which may be wrong

                  Originally posted by beaconsman View Post
                  My last major defaulted entry has dropped off, Lowells have even admitted defeat and consider the matter closed, however, technically, I could pay off the debt when I am working again. (stay at home dad) ..
                  Why would you? If you are feeling generous and have a bit of cash to spare, I'll send you my bank details. msl: msl:
                  Originally posted by beaconsman View Post
                  MY 2 ccjs have been removed also, 2006 when we moved, British Gas couldn't be bothered to find us and hit me for ...£38! We are with them now at our new address since we moved, not exactly brain surgeons are they! (they said they couldn't trace us after we moved, funny that as we have recorded payments when we first moved in to pay the balance off at our old address, it was only about £70 ish so we paid half when we moved, and well, on top of a rewire etc just forgot about it. We never got any reminders about the thirty odd quid and got a CCJ..bar stewards.
                  That's quite interesting, a CCJ for £38? :scared:

                  I sold my place in 2004 and went abroad for a year, sent the final meter reading as usual but left the country three days later. Set up mail redirection to friend's place, British Gas sent a final bill of over £900!!! :scared: :scared: :scared: In 2001 someone rang the bell and offered me a dual fuel deal with BG, paying just 25 a month by direct debit, which I did all those years. I was never informed that the DD wasn't covering the actual usage, nor was it increased, so I was expecting just another £25 or so on the final bill. I never paid that bill and I wasn't in the country to play letter tennis with them at the time. They may have got a CCJ against me at my old address, if so it would have vanished into thin air by now. :noidea: Having said that, I moved here in 2007, the previous occupants were with BG and I just put my name on the account, even though it had been just three years, I never heard a peep about the £900. :tinysmile_kiss_t4: :tinysmile_kiss_t4: Can't believe they'd issue a CCJ for £38!!! :rant: :rant:

                  Comment


                  • #10
                    Re: Lowell - Defaults on my credit file which may be wrong

                    If you are hoping to get a mortgage / re-mortgage then you have two different sorts of problems which it is important not to confuse:

                    - you need to get your credit file cleared up so no CCJs or defaults if possible and if any remain these need to be (a) old and (b) paid off in full.
                    - you need to clear your outstanding debts EVEN IF THEY ARE NOT LISTED ON YOUR CREDIT FILE.

                    A mortgage lender will check your credit file but you will also be asked to list outstanding debts. When you say Lowells admitted defeat, do you mean that they agreed the debt is statute barred? This is what matters for not declaring a debt on a mortgage application, not your credit record. See http://debtcamel.co.uk/dmp-mortgage/ - that is addressed to people in a DMP but it is also relevant for you.

                    It's obviously a sticky wicket as it was in my name but mostly used by her and we agreed in the divorce settlement that she paid it off and I added £312.25 to the settlement figure. I am not sure she has or if I can check - would it be possible to get this information from Vanquis ? Again, should I speak to them or let it ride until it falls off next October. Can I ask Vanquis what date they defaulted it and demand that Lowell change to this date as I am sure it would be around 2009 when we divorced that I stopped paying.
                    This isnt so much sticky as water-logged. The fact the your wife ran up most of the bills is irrelevant. Even if she has paid it off, the default will remain. If you stopped paying in 2009, the ICO's rules say Vanquis don't have to issue a default until the debt is 3-6 months in arrears.

                    Comment


                    • #11
                      Re: Lowell - Defaults on my credit file which may be wrong

                      Originally posted by Debt Camel View Post
                      If you are hoping to get a mortgage / re-mortgage then you have two different sorts of problems which it is important not to confuse:

                      - you need to get your credit file cleared up so no CCJs or defaults if possible and if any remain these need to be (a) old and (b) paid off in full.
                      - you need to clear your outstanding debts EVEN IF THEY ARE NOT LISTED ON YOUR CREDIT FILE.
                      .
                      Hi There - thanks for taking the time to reply.

                      I dont understand what you mean with point 2 above.

                      What debts would I have that don't appear on my credit file ?

                      Comment


                      • #12
                        Re: Lowell - Defaults on my credit file which may be wrong

                        What debts would I have that don't appear on my credit file ?
                        This could include debts where the lender doesn't report to a credit reference agency, or debts which have dropped off the credit file as it is 6 years after the default date.

                        When a debt drops off your credit file, it doesn't cease to exist. At some point it may become statute - barred but that is nothing to do with whether it appears on your credit file or not.

                        So as I said you have two separate problems - to clean up your credit file AND to clear your debts.

                        Comment


                        • #13
                          Re: Lowell - Defaults on my credit file which may be wrong

                          Originally posted by Debt Camel View Post
                          This could include debts where the lender doesn't report to a credit reference agency, or debts which have dropped off the credit file as it is 6 years after the default date.

                          When a debt drops off your credit file, it doesn't cease to exist. At some point it may become statute - barred but that is nothing to do with whether it appears on your credit file or not.

                          So as I said you have two separate problems - to clean up your credit file AND to clear your debts.
                          Sorry again but I don't quite understand.

                          IF a debt isnt reported to credit agencies how would a prospective new lender/remortgager know about it ?

                          If say for example a debt I had defaulted over six years ago and thus disappeared off my credit file how would anyone know about it other than checking my file (where it would have moved off as over six years)

                          Comment


                          • #14
                            Re: Lowell - Defaults on my credit file which may be wrong

                            Originally posted by leonmc0708 View Post
                            Sorry again but I don't quite understand.

                            IF a debt isnt reported to credit agencies how would a prospective new lender/remortgager know about it ?

                            If say for example a debt I had defaulted over six years ago and thus disappeared off my credit file how would anyone know about it other than checking my file (where it would have moved off as over six years)
                            They wouldn't, unless you were applying with the same company you previously had a debt with in which case there could be internal records.

                            I think what DC is referring to above is the possibility of questions being asked on mortgage applications, such as whether you have any outstanding debts, etc.

                            Comment


                            • #15
                              Re: Lowell - Defaults on my credit file which may be wrong

                              I think what DC is referring to above is the possibility of questions being asked on mortgage applications, such as whether you have any outstanding debts, etc.
                              Indeed. Most mortgage lenders will ask you this. You have to include all outstanding debts which are not statute barred whether or not they show on your file.

                              Comment

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