02 - Lowell Portfolio - Mckenzie Hall: Where to Start

[bingobongo8t6]

Hi All

Brand new to this forum so sorry if Im in the wrong place, this also might be a little long winded so please bear with me.

 

In 2007-8 I took out 2 x 18 month contracts with 02, one for me, one for the Mrs. In mid 2008 I fell out of work and so could not afford the contract. After a few months of non-payment, both accounts were disconnected and referred to 02s external company. Due to lack of income I had stayed in a few different houses etc while I got back on my feet. I heard nothing from 02 until earlier in 2011. They had passed the debt onto a company called Lowell portfolio, who asked for the full payments of both contracts. The letters were ignored, (shame on me) and I was then contacted by post later in 2011 by a company called Mckenzie hall. In July this year, I was in full time work, and looking to pay off some of my previous owings, so I contacted them.

 

I owed on 2 accounts, totalling, £489.32 and £452.89. The arrangement was to pay the initial "token fee" of £9.32 and £12.89, and then a direct debit of £10 per month just after my payday (agreed for the 1st of the month, paid on 27th) This was confirmed in writing on the 29/07, 1st payment made and the next direct debit due out for 1/09. So far, so good.

 

On around the 5/09 I received a letter for each account saying "broken arrangement - default visit" and basically explaining I had defaulted on my repayment plan. I contacted the agent, and was told that all my details were on system, but the payment was not taken, and could not explain why. Payment plan was confirmed to restart, this time by pre-agreed debit charge, rather than DD and has been successful since. On that conversation, I asked for a call back from a manager, and for them to update my credit record to show the default was incorrect.

 

Now to my problem: I have taken out subscriptions to 2 credit reference agencies: Equifax and Noddle/Call Credit. (Experian apparently have an account for me but i cant get in: another story!) Although Equifax do not show anything for this, Noddle do.

My account shows something like this:

 

Lowell: £421 - Updated 14/12/2011 - Status: Default

Lowell: £449 - Updated 14/12/2011 - Status: Default

 

I contacted Mckenzie Hall who say this needs to be updated by Lowell as they are the company who sent the action, however, it was Mckenzie hall, who made the mistake. So where do I go from here to have this updated and the false defaults removed, and do I have any legal stance in terms of Mckenzie Hall breaching contract? I have letters and and bank statements to show the arrangement made, and that funds were available.

 

Any help would be greatly appriciated.

 

[silverfox1961]

Hi and welcome to CAG

 

After confusing myself reading your post, I think you may have the wrong end of the stick.

 

Way back when you stopped paying these bills, the mobile operator would have placed a default on your credit file. When the Leeds Losers bought the debt, they replaced the mobile companies name with their own. It looks like Muck Hall are collecting on behalf of the lowlifes.

The 14/12/2011 is just an update, not the date of default which would be around 08/09 (just guessing there)

[BRIGADIER2JCS]

Hi Welcome to CAG,

The default may have originally

been placed by O2.

Lowell now own the debt so you

need to write to the Compliance Manager

of Lowell at the Leeds address giving all

the reasons for your belief that the default

is incorrect, send a copy of any written evidence

for your claim, copy in the CRAs.

Head the Letter FORMAL COMPLAINT.

[bingobongo8t6]

Hi, thanks for the quick reply.

 

After delving deeper into the pit which is my credit report, I have found that this is an update, of the previous default. (You were a few months off but good guess!)

Hopefully, you may be able to help with this - in my 2 credit reports (Equifax and Noddle/call credit) Equifax shows the defaults are with 02, not Lowell/McK-H and Noddle shows vice versa. Im guessing this is because each company reports back to different credit reference agencies.

 

Thanks again, very swift and helpful.

[bingobongo8t6]

Thanks for the reply, it seems the default was placed by 02 and the account with Lowell is an update as you say. However, do you know if this will show as multiple defaults, under a single account or simply a single default instance. (If I can remove 2 defaults, it would certainly help towards rebuilding a tarnished record, though something that actually wasnt my fault this time!)

[BRIGADIER2JCS]

Hi, Yes the method of reporting does vary quite often,

the procedure that should be followed is this:

When a debt is sold or assigned the debt purchaser

should update the original default with their name and

details THE DEFAULT DATE MUST REMAIN UNCHANGED.

Either Equifax is late updating or Lowell did not inform them.

[Stigman]

Most important is to cancel your debit card payment to Lowells/Mckenzie Hall, DCA's have a nasty history of taking money out of your account, they will not care if you have no electric or food.

 

Cancel the card with your card issuer and request a stop be placed on it (lost/misplaced) and order a new one.

 

Check your payments section on your online banking system, if a Direct Debit still exists with Lowell's/Mckenzie Hall, cancel this also immediately.

 

You can request their payment details and set up a standing order, that way you are in complete control.

 

Are these figures correct or have a pile of charges been added by either O2 or one or both DCA's?

 

Stigman

[BRIGADIER2JCS]

Have you been supplied with statements of the accounts

you really need to know what is outstanding if they are

taking regular payments from a debit card they will no

doubt go on as long as they can,so be vigilant.