Lowell Portfolio / EE Limited / Possible DPA Breach?

[Micael1000]

Good Afternoon All

 

I had an EE (formally T-Mobile) contact that I ran in trouble with and got a default placed on my credit file.

 

EE Limited then sold the debt to Lowell Portfolio,

however even though EE had sold the account and were nothing to do with it anymore

and Lowell Portfolio ‘legally’ owned the debt,

EE Limited continued to update the default on my credit file for a further 5 consecutive months (I have proof of this from the CRA).

 

I have been advised that what should have happened is that the default should have been taken over straight away by Lowell

and it was Lowell responsibility to update it on my credit file,

however EE continued to update it for 5 months,

it then disappeared off my credit file and the CRA confirmed that EE had removed it and then 2 months later Lowell added there default.

 

My question is, ‘Has DPA been breached, and is it worth making a complaint to the ICO?’

 

Many Thanks

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[silverfox1961]

Hi

In my opinion, no!

 

A debt collector can own the rights to a debt but not the responsibilities (which includes the updating of CRAs) Eventually, the responsibilities can be transferred which is what seems to have happened her.

 

So long as the original default date remains the same (with just the change of owners) then that is fine too

[Micael1000]

Thank you for your reply silverfox,

 

I didn't realise that the original owner of the debt can still update the default to the CRA. Many thanks for letting me know.

[dx100uk]

as long as the original default date has not been changed

anyone entering anything afterwards cannot harm you further.

 

 

dx