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Incorrect default date?

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Hi, my credit file log has the following listed against a Lloyds account
(G) = Green i.e. OK


J
F
M
A
M
J
J
A
S
O
N----D

1010 |-ap-|--ap-|--1---|--1--|--2---|--2--|--3--|--4--|--4-- |--4--|--D-|
|
2009 |-ap-|--ap-|--ap--|-ap--|-ap--|-ap--|-ap-|-ap--|--ap-|--ap-|-ap-|-ap--|
2008 |- G-|--G--|---G--|--G--|--G--|--G--|--G-|--G--|--G--|--1---|-2--|--3--|

AP is when I entered a DMC where token payments were paid. £2 a month I think.

The default was logged in November 2010 (as can be seen above)
I complained in a letter about this as the default should have been logged in March 2009 (six months after the first late payment as arrears were never cleared)? Am I correct about this? If not, then at least it should be 6 months into the DMC period which is June 2009

I got a response saying that they would change the default to October 2009 with a load of blurb I didn't quite understand. Is that right? Should I still contest it go get it moved back further still.

Also, when in the response letter they said they would change the date and that it could take up to 6 weeks. After almost 2 months they have done nothing.

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    According to the Information Commissioners guidelines a Default should be registered within 3 -6months in the majority of cases – but there are exceptions. You were right to complain to the company if you believe the default was registered too late but you now have to decide if you want to accept their ‘offer’ of backdating the default to October 2009 or escalate the matter to the Information Commissioner.

    Here are the guidelines about defaults, when they should be registered and the exceptions to the 3-6month rule: - http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Tixy
    Tixy Posts: 31,455 Forumite
    You may well struggle to get it moved back to any earlier.

    The guidance in place at the time stated that a default should 'usually' be applied within 6 months of the customer falling behind with payments but also allows for an AP marker to be added in some circumtances and if they have initially agreed to accept the reduced payments for a short period of time.

    The guidance in place was almost contradictory in places and therefore quite open to different interpretations by difference creditors.

    Is this the most recent default account on your credit file? will October make a big difference compared to March?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • niblettr
    niblettr Posts: 48 Forumite
    Thanks for that.

    Should I not complain to them again seeing as their 'offer' was not carried out in the 6 weeks they said they would and try to get them to amend their 'offer' date while they are at it as they have to amend the credit file immediately now anyway. No?
  • niblettr
    niblettr Posts: 48 Forumite
    Tixy wrote: »
    You may well struggle to get it moved back to any earlier.

    The guidance in place at the time stated that a default should 'usually' be applied within 6 months of the customer falling behind with payments but also allows for an AP marker to be added in some circumtances and if they have initially agreed to accept the reduced payments for a short period of time.

    The guidance in place was almost contradictory in places and therefore quite open to different interpretations by difference creditors.

    Is this the most recent default account on your credit file? will October make a big difference compared to March?

    Its the only default on my account. October to march does make a difference because I looking to rent right now. If March was logged as the default date means it would not be on my credit file now.
  • niblettr
    niblettr Posts: 48 Forumite
    Tixy wrote: »
    You may well struggle to get it moved back to any earlier.

    The guidance in place at the time stated that a default should 'usually' be applied within 6 months of the customer falling behind with payments but also allows for an AP marker to be added in some circumtances and if they have initially agreed to accept the reduced payments for a short period of time.

    The guidance in place was almost contradictory in places and therefore quite open to different interpretations by difference creditors.

    Is this the most recent default account on your credit file? will October make a big difference compared to March?

    It also says that AP markers should not place you at a disadvantage to a person that did not pay at all? You are right, very contradictory hence why I'm asking. Regardless, which ever way you interpret the guidlines, I should not be placed at a disadvantage to a person who did not pay at all (this bit makes absolute sense and surely cannot not be up for interpretation..?)

    If I stopped my payments in October 2008 all together, I would have defaulted in March 2009 and there would be no default on my credit file now (+6years..)
  • Tixy
    Tixy Posts: 31,455 Forumite
    In terms of renting - a default and credit account history will not affect a credit check for rental purposes.
    A lettings agent/rental credit check only shows public information, that is CCJs, Bankruptcy, IVA etc.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Tixy
    Tixy Posts: 31,455 Forumite
    I agree that it should have been dated earlier, and that is how I would interpret the old guidelines that were in place at the time.

    However there have been recent cases reported on here where the ICO has disagreed. Could be worth you appealing again to try to get it a bit earlier, but just a warning that you may not be successful.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • niblettr
    niblettr Posts: 48 Forumite
    edited 21 May 2015 at 12:24PM
    Tixy wrote: »
    In terms of renting - a default and credit account history will not affect a credit check for rental purposes.
    A lettings agent/rental credit check only shows public information, that is CCJs, Bankruptcy, IVA etc.

    Very handy to know, thanks.
    I will contest this, what have I got to lose. They said they would change it to October. They can't go back on their word can they?

    The ICO don't seem very unprofessional or am I being harsh?
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    edited 21 May 2015 at 4:22PM
    someone on another forum sent me this yesterdy which is the ICOs own guidance for their case their officers

    https://www.dropbox.com/s/ivviixi14ryq3zt/ICO%20-%20CRA%20Lines%20To%20Take.pdf?dl=0
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Some useful stuff.

    lWWv3SP.png
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