Default advice

samtr

Good Evening

Looking for advice on the following situation.

I took out a hire with Dell Financial Service CIT Group in 2007 for a laptop, which I messed around with payment's.

On 19/03/2008 I received a letter from Moorfcroft who had been instucted by CIT Group (UK) Ltd to collect my overdue balance of £671. It came with the usual spiel and the threatening letters began.

On the 22/03/2008 I made them a payment of £100, and another £100 on the 26/05/2008. After haggling and arguing over further payment's I received a letter from Moorcroft on the 31/08/08 saying that they would be sending an agent around if I did not pay the remaining balance.

On the 22/09/08 I decided to make the full payment and pay £471, meaning that I had paid the £671 that Moorcroft had been requesting. Moorcroft have confirmed that the account is empty, I have all the letters and the bank statement's confirming all the information mentioned above.

My issue come with the fact that I have a default from CIT group showing for £127, settled with a default date of 31/03/2011.

I have at no point made any payment of £127, or had any correspondance from CIT Group post Moorcroft. Surely this can not be correct?

How can I correct this? I have argued with Equifax and shown them the information and they have removed the account from my file, however it still shows on my Experian account.

Any info would be very greatful

Regards

Sam

camuk81

Ok, so let me lay this out into layman's terms and make sure I got this right.

You bought a laptop, there were problems with the payments so it got passed to a collection agency.

You have paid it but the default date is March 2011 and you paid this in September 2008.

Chase CIT and find out why. You have statements to prove you have paid this up to date and the ICO tells people to register defaults at the time they occurred.

samtr

Yes that is correct.

Where do I stand, I am in no way denying that it was my fault at the start, but surely they can not do that. And to show it as satisfied makes me even more angry, simply for the fact I have had nothing to do with them for years.

A default date of 2008, would mean that it will drop of much quicker. Or would it just be removed completly for the fact they have issued it years later than they should have?

Thanks

Sam

camuk81

Contact them and follow it up you have the original paperwork to prove it. Just to confirm is it an update or the original date.

ie. if you look at experian/ equinox it shows date updated but if I have any problems I hover over the box and it gives a mini explanation of say default then it should show the month then year in the box

Give me two seconds I'll find the regulations

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camuk81

https://www.ico.gov.uk/...guides/default_tgn_version_v3%20%20doc.ashx

Page 13

samtr

Updated date 8/5/11

Default date 31/03/11

camuk81

Then thats inaccurate they should have advised they were going to default you. Have a read of the weblink and contact CIT. They have 6 weeks to respond make sure you send a letter reordered delivery.

If they fail to respond you should be able to speak to the financial omnibudsman

Dell Financial Services is a trading style of CIT Group (UK) Ltd, a company of the CIT Group Inc. Registered Office- Circa, 2A High Street, Bracknell, Berkshire. RG12 1AA.
Correspondence address is Dell House, Cain Road, Bracknell, Berkshire RG12 1LF. Dell TM is a trademark of Dell Inc. and is used under licence.

samtr

Something like this?

Re: Acc Num xxxxxxxxxx

Dear CIT Group (UK) Ltd

I have viewed my Experian credit report and would like to let you know that my account started on (insert start date) is showing an incorrect Default date of 31/03/2011.

Paragraph 31 of the Information Commissioner’s Office Date Protection Techincal Guidance states:

The date of default
31 The date of default recorded on the file should be the date on which a decision to file a default becomes effective according to the criteria discussed in paragraphs 9 to 16. If a notice of intention to file a default is served (see paragraphs 32 to 37), the default date should be the date the notice becomes effective. When a default is filed after a genuine and agreed variation in payment schedule has broken down, it should record the date of that breakdown subject to the conditions described in paragraph 21.

Note Paragraph 10, Indicators of a Default in the same guidelines states that:

The following indicate that a breakdown has occurred in most types of product,

• The account has been referred to a collection agency or in-house debt collection department.

I would like to point out that on the 19/03/2008 I received a letter from Moorfcroft who had been instructed by CIT Group (UK) Ltd to collect my overdue balance of £671. This balance was cleared with two payments off £100 and a final payment of £471.

I therefore expect you too change the default date to no later than the 19/03/2008 as this is when I received the first correspondence from Moorcroft.

I look forward to your response

Regards
Name

samtr

Anyone?

Sam