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Creditor still showing default

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(@bcowan12)
Active Member
Joined: 15 years ago
Posts: 15
Topic starter  

Hi,

I'm having a bit of trouble with an old debt collection agency, Lowell Portfolio.

My protected trust deed was marked satisfied on 28th September 2013, none of my bad debts are showing on my file any longer and fingers crossed the trust deed will fall off too at the end of this month.

However, Lowell Portfolio are continually marking up my credit file with a '?' each month. Even though this originally defaulted in December 2010. I have contacted them several times, and I keep getting sam response "default will show for 6 years"

I understand that but surely they shouldn't be reporting continually every month to the credit reference agency? It makes the account look open and is a glaring red mark on my file.

Any help or advice would be appreciated

Thanks

Brian


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hello bcowan12.

Lowell are a debt purchaser rather than a debt collection agency, not that this makes much difference in this instance.

Can you see a default notice on this account? It should have a date around the time your trust deed began, or perhaps earlier if Lowell purchased this debt before your trust deed began. What's the date this default notice was issued (assuming there is one)?

Has that default notice been marked either "satisfied" or "partially satisfied"?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@bcowan12)
Active Member
Joined: 15 years ago
Posts: 15
Topic starter  

Thanks for getting back to me.

My trust deed started on 28/09/2010 and ended 28/09/2013

They have recorded the default date as 23/12/2010 and it's currently marked partially satisfied.

The last recorded update was 8/2/15 but every month they are putting a ? Against the month.

I can't see a single other creditor from the time of my financial difficulties except Lowell.

Thanks

Brian


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

Hi bcowan12.

Hopefully there's a fairly straightforward answer here for you.

You're entitled to demand that Lowell backdate that default notice to the point at which your trust deed began - September 2010.

Once they've done that, the account should quickly disappear from your credit file altogether because it will now be six years since the default notice was first issued.

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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(@bcowan12)
Active Member
Joined: 15 years ago
Posts: 15
Topic starter  

Thanks! I'll give it a go and let you know if I have any success

Kind regards


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 17 years ago
Posts: 13594
 

You certainly should have success bcowan12.

The Information Commissioner was pretty clear with us that, under the data protection act, default notices should not be dated after a trust deed began:

https://www.trust-deed.co.uk/repair-your-credit-rating.html

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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