Lowell

A question about : Lowell

Hi there most of us know that the Limitation Act 1980 clearly states that any debt over 6 years old can't be forced on you and must be removed from your credit file.

I have noticed that although some of my debts are over 10 years old, Lowell are buying them and re-adding them to my credit file regardless of how old they are.

The law states that you can not default twice for the same debt (common sense).

So why are CallCredit allowing them to re-add very old debts to your credit file?
When I raise a dispute they just tell me to contact Lowell. Who are refusing to remove the defaults.

Has anyone had this problem before? Is it even legal for them to re-start your default date?

Best answers:

• They are not allowed to add a 2nd set of newer defaults on your credit file.
  Complain to Lowell telling them that you will take them to both the ICO and FOS if they do not remove the 2nd set of newer defaults.
  If they refuse, then follow through and complain via the FOS and ICO.
• Oh, and if you speak to the FOS NOW, they may be able to write on your behalf straight away.
  https://www.financial-ombudsman.org.u...complaints.htm
• Thank I just spoke to them.
  Aparantly if Lowell buy your debt then the original company must remove their default marker.
  Lowell are allowed to re-start the 6 year limit mentioned in the Limitation Act 1980.
  The FOS also said that lowell can then re-sell the debt and the new company who owns it can then re-start the 6 year limit.
  They said it's a loophole in the law and that doing things this way can legally keep a default on your credit file for life.
  Disgusting
• Who on earth told you that? That is complete and utter bollux.
  If that was a FOS staff member then they deserve the sack.
  The only thing that can restart the 6 year limitation period is acknowledgement in writing by you or a payment by you.
  And while a debt collector can replace the original creditor default record with their own, they are not allowed to change the original default date.
• Yes it was the FOS I called 0800 023 4567
  She kept me on hold for 20mins because she didn't know the answer. Then came back and told me a loophole lets them re-start the default date if they buy you debt.
  She said if Lowell buy one of my debts today and add the default to my credit file then it would last 6 years from today unless it is sold on. Then the 6 years would re-start again.
  I understand what you are saying this seems completely unfair and not legal.
  But aparantly it's a loophole that debt agencys are using a lot these days.
  Maybe I should call back for a second opinion?
• They are telling you rubbish. There is no such loophole. It is simply not allowed. It is not legal.
• And I've never agreed to pay Lowell so I have not missed a payment with them
• I am going to call back
• To be honest, it sounds as if none of the FOS staff manning the phones today have the faintest clue. So not sure you will get a better response today calling back.
• I did a very educated person answered this time and suggested I fill out the complaint form and send back my evidence with it.
  You were right it is not legal for them to act in this way, the law is there for a reason!
  I will update this post when I get a reply.
  Thanks for your help much appreciated
• One more thing. The lady that answered this time said I am not the first person that Lowell is treating this way
• Good.
  They have got some people who know what they are talking about on tonight then. I was beginning to worry.
  She is also correct. Lowells are treating quite a few people in this illegal way. It is disgraceful.
• Hi Lancsloot,
  When a debt is sold the default date should stay the same.
  The sold debt can appear as a separate entry, but the original should then be marked as "debt assigned". Even if this is the case the default date should not change on the new entry, and after six years they would be automatically removed from the report.
  If you have got an Experian report and are seeing debts recorded with new defaults dates email us at UKSocialsupport@experian.com and we can contact the companies concerned for you.
  Regards Neil
• That is correct.
• I have had similar experiences with the FOS of late. It appears they have taken on a lot of new staff in order to cope with the PPI complaints, and possibly the training they have received is not quite as in depth as it should be.