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  • edinburgher
    edinburgher Posts: 13,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes it would be.

    When debts are sold on, the original creditor and DCA have to agree who will be responsible for updating the credit records on file.

    If the DCA takes on that duty, then the account and any default already issued will be placed in the DCA's name.

    I'm pretty much planning on shutting up now, apologies for any misleading comments :o
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    I'm pretty much planning on shutting up now, apologies for any misleading comments :o

    Don't do that.

    Honestly, to find the above you have to scour the ICO's website for some pretty obscure, long and boring documents. :cool: They don't exactly make it "common knowledge". ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • carp1000
    carp1000 Posts: 34 Forumite
    Well thanks everyone for your imput, god knows where i go from here.
  • edinburgher
    edinburgher Posts: 13,915 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 April 2011 at 4:18PM
    On the positive side of things, 5 years is pretty much the end of your default 'cycle'.

    My only default is now 4 years and 10 months old and I'm having no difficulties obtaining credit (as long as I space out applications and don't go for the lowest rates available). The older the default gets, the less it seems to be taken into consideration. That said, I do have stable employment history etc.

    An Experian? employee who's permitted to post on behalf of the company on MSE commented in a previous thread I started that it was unlikely that a default of this age would make such a big difference in credit applications (assuming it was only one default). Still, each lender matches potential borrowers against their own criteria, so while comments like this might be generally true, they're not always true :)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    carp1000 wrote: »
    Well thanks everyone for your imput, god knows where i go from here.

    It'll only be on there for another year at worst.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • carp1000
    carp1000 Posts: 34 Forumite
    Well i spoke on the phone to the DCA who the name of the default appears next to and they tell me that they have to contact citi to get a date that the default notice was served and will let me have it, they also said that no amount of writing letters and quoting this that or the other from the consumer credit act will get my default removed and that citi dont have any obligation to do any more than this.
  • carp1000
    carp1000 Posts: 34 Forumite
    o and the DCA also told me that the origional creditor is under no legal obligation to keep a copy of the origional default notice (not that i have ever seen one) or supply me with a copy.
  • carp1000
    carp1000 Posts: 34 Forumite
    I just spoke to experian and they tell me that the creditor should at my request supply me with an origional copy of the default notice, if they say that they are no longer owners of the debt the DCA is obliged to supply me with the same information, i have already mentioned that to the DCA and they told me that they only have to contact the origional creditor and get the informaton of when it was served and that the creditor is unlikely to have an origional copy of the default notice and as long as they can tell me that it was a genuine default and what date it was served then the default stays on my file though experian say if they have not got an origional copy of the default notice then they have no proof and it must be removed from my credit report. Anyone have any experience of this situation?
  • Culex
    Culex Posts: 776 Forumite
    carp1000 wrote: »
    o and the DCA also told me that the origional creditor is under no legal obligation to keep a copy of the origional default notice (not that i have ever seen one) or supply me with a copy.
    STOP PRESS - STOP PRESS - STOP PRESS - STOP PRESS - STOP PRESS

    Debt collector gets facts wrong - film at 11. :p

    Evidently that dolt had never read section 86C, section 86D, section 86E, section 87, or section 89 of the Consumer Credit Act 1974.
  • carp1000
    carp1000 Posts: 34 Forumite
    Trouble is when your talking to them, unless you know diff at the time you have to find out then get back to them like going round in circles
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