New entry on Credit Report

MikeJK

Hi all.
I have a barclays debt which i am paying off through CCCS.
About 5 months ago barclays 'sold' off the debt to another company, i think its Apex.
So, on my credit report, barclays has dropped off because of the default date but a new entry has been made by Apex with a description of Arrangement to pay and a "Special instruction start date" which is when the new entry was made.

I dont have the exact details with me but thats basically what has happened.

Is this right? Can Apex make a new entry like this?

Many Thanks

Tixy

Hi

If a debt collector buys a debt and intends to put an entry on your file then they have to use the same default date as the original creditor.

If the original default date that was previously on your file was more than 6years ago then they cannot add an entry at all.
You'll need to write to them to state this and the original default date that barclays used and tell them you require them to remove their entry off your credit files.

Do you have an old copy of your credit report showing the barclays default date? If they don't agree to remove this from your first letter then an old credit file could be useful to get them to comply (although don't show them the whole report - just this 1 account entry).

MikeJK

Hi.
Thanks for the quick reply. These have to be one of the most helpful forums around.

Anyway..
They have not registered it as a default.
It says "Special instruction date" which is the date they took the debt (2 months after the 6 years of the original default date) and the account is marked as Arrangement to pay and the account is "Satisfactory".
Basically i am not sure what effect the "Arrangement to pay" has on my rating.

Thanks.

Tixy

As long as barclays originally had a default on your credit file and that was dated more than 6years ago then Apex are not allowed to put anything on your credit file with regards to this account.

Whilst in your DMP the 'arrangement to pay' won't have a big impact - but ultimately once your DMP is finished is when it could well be a problem - as it would stay on your file for 6years after you finish paying it when all of your other old DMP debts will no longer show.

MikeJK

So i contact APEX and ask them to remove this.
How easy is this to do? Are they stubborn with this sort of thing?

Thanks

Tixy

No - you contact Apex and insist they remove it.

http://www.ico.gov.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx
The Information Commissioners Office guidance on filing defaults clause 53 states that

The purchase should not affect how long the record is kept. It should be removed six years after the default.

Write to them.
Something along the lines of
'I have noticed you have made an entry on my (experian) credit file in relation to this debt. Barclays, the original owner of the debt recorded a default on my credit file on x date. The entry was removed from my credit file once the default was 6years old. I require you to remove your entry from my credit file with immediate effect.

They may back down straight away - they may tell you they are unaware that barclays registered a default. Which is where it would be useful if you have some proof that there was a barclays default in the past. If they don't back down then refer them to the ICO guidelines and that particular clause.