Will Lowell remove this default?

A question about : Will Lowell remove this default?

I have a default on my credit file which is a large part in why I can't get a mortgage.

It's from Lowell, the debt was originally from Three mobile company. I won't bore you with the details of why I have it but having spoken to a manager about it today they had PREVIOUSLY said the 'balance' would be waived. This would have been said after the debt had been passed to Lowell. Before I knew this, I paid the debt hoping it would help my credit file but the lady a Three has issued a refund of this.

She can't remove it cos it's been passed to Lowell but does it sound like I'm within my rights for them to remove it and is there a certain way to go about this?

Thanks

Best answers:

• Technically yes they can remove it. Company's such as lowell are required to report upto date and correct information as part of the Data Protection act, However there is no actual requirement for them to report in on there in the first place.
  The problem is that they are well within their rights to report as you have defaulted on the contract.
  The likely hood is they wont remove it if the information is correct.
  It's possible you can get them to agree as part of an agreement to clear the balance in full, some DCA can be felxible. Make sure you get everything in writing though.
• I was just hoping that since Three had said they'd waive the balance then it wouldn't be legal or something like that. I don't know enough about the rules of it to know. Seem unfair for it to be on there if the original company have said they'd waive.
  I've already paid it and now it's being refunded.
  Have emailed them but if no response will write to them and hope for the best.
  Thanks very much
• If the original company stated that they will waive the balance there may be something. In the sense that if the original company said that the balance is no longer owed then it cant have been sold on or passed to a dca in which case that dca cant register a default as its incorrect information which they would then have to remove or be in breach .
  The issue in that would be if you have anything from three to say the balance is no longer owed. A letter, even an email would help. Although an email tends not to stand up as written evidence it would incline the original company themselves to have some movement.
  Unfortunately even if the balance isn't due/has been waived, its unlikely that they will remove the default even then if it was correctly placed. The only way they normally will remove them is if it impacts significantly on ones life, such as your employment or if a default would cause you to get sacked. Or if they have placed it through an error for example charged you too much which is why you owed them money and defaulted ect,
  Good luck
• It's possible. It's going to take quite a bit of letter writing and complaining to both parties to fix this though I suspect.
  You need to get it in writing from Three that you were incorrectly charged this and that they have refunded you this. You will need to argue the debt was unfairly sold on.
  I'm not sure who is now responsible for correcting your credit file. I'd complain to both companies and see how far you get. You can threaten to take them to the information commissions office (ICO). Hopefully someone will know who is the correct target.
  df