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Halifax default not removed

1st credit have bought my Halifax overdraft debt but Halifax have not removed their default from my credit file.

Seeing as they are no longer the data controller and 1st credit are can they keep the data on my credit file and what can I do?
I'm not poor i'm just skint

Comments

  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    It can take 6 weeks to update your file.
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The default will not be removed for 6 years. Full stop.

    Even when you pay it, it stays there for 6 years but it will be marked settled.

    Doesnt matter who owns the debt.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Gordon_Hose
    Gordon_Hose Posts: 6,259 Forumite
    Debt-free and Proud!
    McKneff wrote: »
    The default will not be removed for 6 years. Full stop.

    Even when you pay it, it stays there for 6 years but it will be marked settled.

    Doesnt matter who owns the debt.

    I think he means there are two entries for the same debt - 1 from Halifax and 1 from 1st Credit. When 1st Credit bought the debt they should replace the default entry created by Halifax.
  • You are correct sir.

    I have two defaults one by Halifax and one by 1st credit and seeing as though Halifax no longer own the debt Halifax should remove their default.

    I spoke to the Halifax and they said its a true reflection of my payment history but I said the debt has been sold and they no longer own it so please remove your default and they won't.

    So what's my next step?
    I'm not poor i'm just skint
  • nottoolate
    nottoolate Posts: 1,359 Forumite
    edited 2 August 2011 at 2:45PM
    one default per debt. that is all that is allowed

    if it is sold on then it must either stay in the name of the original company or be transferred. they cant double up the default entries

    2 defaults on your report for one debt is definetly not a fair reflection of how the account was conducted

    https://forums.moneysavingexpert.com/discussion/3172602

    The ‘sale’ or assignment of debts on defaulted accounts

    52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

    53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

    54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.
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