Credit file query

ohdearyme1

Hi,
I’ve been checking my credit file and for one of my debts, which was sold to Cabot, the default date states 29.7.2011. My original default date was November 2010, when I joined Payplan, so this new date is obviously when the debt was sold on. Does this mean this record will now stay on my file for 6 years from 29.7.2011 – 8 months longer than my original default date? This seems a bit unfair as it is out of my control when a debt is sold, yet I am being penalised as it is exactly the same debt I defaulted on in November 2010.

Has anyone else encountered this and can I do anything about it? This is the 2nd time the same debt has been sold on and it is only for £483! If it keeps getting sold, this debt is likely to stay on my file much longer than the 6 years!

Any advice much appreciated!

thanks

awayinchina

ohdearyme1 wrote: »

Hi,
I’ve been checking my credit file and for one of my debts, which was sold to Cabot, the default date states 29.7.2011. My original default date was November 2010, when I joined Payplan, so this new date is obviously when the debt was sold on. Does this mean this record will now stay on my file for 6 years from 29.7.2011 – 8 months longer than my original default date? This seems a bit unfair as it is out of my control when a debt is sold, yet I am being penalised as it is exactly the same debt I defaulted on in November 2010.

Has anyone else encountered this and can I do anything about it? This is the 2nd time the same debt has been sold on and it is only for £483! If it keeps getting sold, this debt is likely to stay on my file much longer than the 6 years!


Hi,

the default date is not allowed to be changed (data protection act) as it does not reflect the truth and is therefore inaccurate.

if you have a copy of the original date on a credit file and the new adjusted date. I would send a copies of both to the DCA concerned and say you will report it as fraudulent unless it is corrected immediately (send email).
Then you send exactly the same letter to all 3 credit reference agencies as they have a duty of maintaining all the data and ensuring the data is correct and therefore they MUST correct it, its not a case of checking with the DCA the data is innaccurate and should they not remove it you will also take action against them as they sell a service of credit reference data to all the major lenders.


quote this in the letter: I have come across this recent case Smeaton v Equifax, accessible for free on bailii. It has been decided that where a credit reference agency has not been complying with their continuing obligation of retaining accurate data, they will be in breach of the Data Protection Act, Section 13.

ohdearyme1

This has given me food for thought - I originally defaulted in July 2009 and was doing a DMP on my own and wrote my creditors the proper letters. In November 2010 I then joined payplan, as I could not sustain my current plan due to mortgage increases and other changes in my budget. So really my original default date of July 2009 should be the one on all the entries in my credit file. (However, some of them don't state a default date but say 'arrangement to pay').

thanks awayinchina, this has been really helpful.

ohdearyme1

awayinchina - sorry, does this also apply when a payment is missed? One month my payplan payment was late for some reason, and this has been recorded on one of my credit records as a new default date of Feb 2011?