Incorrect Default Dates on Credit Report

itsnowtime

Apologies for the long post...

A little backgound
I entered into a DMP in July 2007 (via CCCS)
Currently trying to get a mortgage and need to be clear of defaults from the last 2 years - and it's interesting what I have found on my credit report!!

Some creditors have defaulted me some haven't - however some of those who have, appear to have entered the wrong data on my credit report.

I'm not disputing the defaults, I'm fully aware of my situation and very realistic about it, however I was wondering if there is anything I can do to challenge the dates they've entered??

I've seen quite a lot about the Information Commissioner - but I wanted to get a feel for whether I have a case or not.

Sainsbury's Credit Card
Default Registered: 15th May 2009

12th Sept 2007: Entered an Arrangement to Pay - stated for 12 months
12th Sept 2008: Arrangement to pay seemed to end but with no further contact from Sainsbury's
13th Feb 2009: Default Notice Served - stating if you have not paid the amount requested within 28 days or made satisfactory proposals to do so we will pass details of the default to a CRA, Payment Proposal was offered and they accepted payments
15th May 2009: Default registered on my credit file
20th May 2009: Received letter from Blair, Oliver & Scott - offered same repayment amount = accepted.

When I look at this situation, Sainsbury's were prepared to accept my offer, even had an Arrangement to Pay. Payments through CCCS were maintained throughout but they still defaulted me nearly 2 years after I originally 'defaulted'

HSBC: 2x Overdrafts & 1x Loan
Default Registered: 22nd October 2008

11th August 2008: Initial letter threatening default
29th August 2008: Subsequent follow up letter declining offer
01st October 2008: Formal default notice - actually I think this is an Arrear's Notice and only refers to my HSBC Loan account not all the rest - therefore I wonder if they even issued a formal default notice??

HSBC knew from 2007 that I was working with the CCCS - they chose to refuse the offers of repayment I was making to try to get me to take out a Managed Loan (which i refused). There delay tactics resulted in the default not being registered until 15 months after I entered the agreement.

HSBC Credit Card
Default Registered: 21st March 2008

28th November 2007: Received a Final demand letter
21st March 2008: Default Registered on Credit File: - but no default notice can be found
27th March 2008: Debt transfereed to Payment Services Bureau - advised that the repayment is acceptable
18th June 2008: Final demand issued
10th October 2008: HSBC Sold the debt to Link Financial (I was not informed until 16th January 2009 via letter)

Now I appreciate that this may be a tricky one however the default was registered 4 months after the first Final demand letter

All the other defaults appear to have followed process and have been registered within 1 month of issuing a default notice.

Appreciate that this may be a long shot, however, downsizing from 2 houses to 1 will greatly improve my financial situation.

I'd appreciate your thoughts.

GeorgeUK

Here's a link to all the technical stuff about the date of default.
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

Basically, the date you miss your first payment (the default) and do not restore payments in line with the original agreement is the date of default. It is this date or within 6 months of the breach of contract/agreement that should be the date registered on your credit file. If this is not the case, then they are in breach of the Data Protection Act for processing incorrect information about you. You would need to write a letter of complaint to the company that issued the default (and possibly the credit reference agency) before complaining to the ICO.

itsnowtime

Thanks GeorgeUK -

Do you know where I can locate template letters from to ensure that the information they record about me is factual and correct?

GeorgeUK

I don't know of any specific letters for this, but you might want to try the consumeractiongroup's forum if you can't find any here.

itsnowtime

Thanks George I'll see what I can find.

DarkConvict

If you entered a DMP in July 2007, you probably won't get a mortgage for sometime yet. As the missed payments (even without defaults) will trigger some bells.

I believe they just need to issue a default notice and give you 28 days to correct the account, im not sure if this is from your last min payment (or greater) or if they can just issue out a notice at any subsequent time.

never-in-doubt

Bump back to page 1 for the OP to get advice (Niddy's too busy!) :beer:

itsnowtime

Thanks Niddy...I understand that you're busy - so the bump was much appreciated!!

And thanks to George & DarkConvict for your advise so far.

Just as a follow up on this - I believe that HSBC actually sent me an arrears letter not an official default notice.

Would it be worth requesting a copy of my Default Notices to see what I receive? and if so is it the template here that I would use: http://forums.moneysavingexpert.com/showpost.html?p=33792153&postcount=33

Funnily enough Blair, Oliver & Scott who administer the Sainsbury's account have just sent me a letter asking to review my payments. Now I'm likely to offer them a full and final settlment anyway within the next 3 months.

One thing I don't want to do is stir anymore trouble with my creditors but if I can get at least one of the defaults removed either HSBC / Sainsbury's it would help me greatly..

Thanks in advance for your help.

never-in-doubt

itsnowtime wrote: »

Thanks Niddy...I understand that you're busy - so the bump was much appreciated!!

And thanks to George & DarkConvict for your advise so far.

Just as a follow up on this - I believe that HSBC actually sent me an arrears letter not an official default notice.

Would it be worth requesting a copy of my Default Notices to see what I receive? and if so is it the template here that I would use: http://forums.moneysavingexpert.com/showpost.html?p=33792153&postcount=33

Funnily enough Blair, Oliver & Scott who administer the Sainsbury's account have just sent me a letter asking to review my payments. Now I'm likely to offer them a full and final settlment anyway within the next 3 months.

One thing I don't want to do is stir anymore trouble with my creditors but if I can get at least one of the defaults removed either HSBC / Sainsbury's it would help me greatly..

Thanks in advance for your help.

Hiya

yea send the letter - see what happens.....

Regards to defaults, if you have one then having ten won't matter - so why are you so keen to get rid of them? Its a catch22.... did you see my recent post about the serving and provision of DN's? See this: CCA 2006 (amendments) regards s.86/s.87 CCA 1974

That takes into account current s.87 & s.88 legislation and combines with the 2007 CCA amendments. You may find it helps you out a wee bit...

itsnowtime

Thanks Niddy.

The reason I'm keen to either move the date or get rid of them is to allow me to fit some mortgage criteria prior to October.

We are currently looking at downsizing from 2 houses to 1 and pay off a substantial amount of my debt by releasing some equity - but in order to do this, I need to either remove the default or have it back dated to when I originally defaulted.

A little pain for what could be a big gain in the long term as it means we have 1 mortgage to pay not 2 etc...

Thanks again

jtr2803

Thanks for posting itsnowtime...I have a similar problem with defaults appearing to be registered late!

I am going to CCA one of the DCA's involved anyway so will request proof of the default but my problem is I don't see how the DCA can default me, I never had an agreement with them to default on?!! I wondered if you had found any template letters regarding complaining about when the default was registered?

Thanks

Jody