double default entry

chappers

A while ago I helped my wife get a debt with cabot recognised as unenforceable through the courts.
Now she has just checked her credit file and the debt has been marked as defaulted both with the original creditor and with cabot. I was under the impression that this was not allowed am I correct in thinking this even though both accounts are marked as defaulting on the same date(a date before cabot were assigned the debt).
The reason I ask is we would like to get the cabot default removed as the default with the original creditor is marked as settled.

Cheers
Gareth

Tixy

You are correct - only one entry should show on the credit file.

The debt collector should only enter a default if they and the creditor have agreed that the creditor will remove their entry first.

Technically they would decide between them which would be removed - it will depend on what the original agreement was between them. But I would write to the debt collector - state that you have noticed they have incorrectly placed a default on your credit file as the entry and default from the original creditor is still on your file, and state that you require them to remove their entry.

awayinchina

send out a letter/email that under the data protection act having 2 defaults on one debt is inaccurate under the guidelines for registering a default.
Also, as the data is inaccurate it is a breach of data protection. blah blah and so on.

See what cabot and your bank say in response. Also cc the email to all 3 credit reference agencies. Pointing out that the 3 CRA manage financial data supplied from financial institutions and therefore maintiaing the two records is a breach on their behalf of the data protection act.

nottoolate

page 13 & 14 are useful http://www.experian.co.uk/assets/responsibilities/brochures/dataprotectionguidev16.pdf

Experian_company_representative

Your wife can also ask us to raise a query with them on her behalf. There should only be one default.

James Jones

nottoolate

Experian_company_representative wrote: »

Your wife can also ask us to raise a query with them on her behalf. There should only be one default.

James Jones

correct.

but if you query that with your staff as you suggest, then they fob people off with this sort of nonsense.

b1gdeano wrote: »

Just to update on this

I have contacted experian, who have said that both the defaults will stay on the credit file. Here is a copy of the email

"Thank you for contacting us on 08 May 2012.

Your query

- Barclays and Lowell Portfolio defaults being the same debt

The entry recorded by Barclays shows the name of the company that the debt was originally owed to. The second entry recorded by Lowell Portfolio shows that the debt has now been sold to another company to collect.

Although the debt is now being recorded twice, only the entry recorded by the debt collection agency will have an effect on your credit rating.

Both entries will be retained on your credit report for six years from the default date.

Kind regards

Emily AR Wildman"

Is this true?

I thought the previous one had to be removed?

chappers

Thanks for those that have replied you have all confirmed what I thought to be true.

Many thanks
Gareth