Unwelcome finance default

stupot_99

Hi Guys, hope everyone is well.
So i want to try and get welcome to change the date of Default on my credit file, i stopped paying them in aug 28th 2007 due to business going bust and they registered a default in dec 2011, i have written a letter, not posted yet, using info from ICO that i found on here. Can you guys have a scan over the letter and let me know what you think, i want to get the correct info posted to the CRAs.

Here is a copy of the letter:-



Welcome Finance

Mere Way

RuddingtonFields Business Park

Ruddington

Nottingham

NG11 6NZ

WITHOUT PREJUDICE

Dear Sir/Madam
Re:

I am writing to request that my account details be updated to reflecta ccurately the activity on my account which is a legal requirement of the DataProtection Act 1998.

I have noticed that a default was applied on my account on nov 2011. I wish to query this as i have been reading the ICO guidelines in relation to the accurate reporting of information held by companies such as yourself. In my Equifax credit file you have several entries that are incorrectly marked, specifically since June 2009 there is a string of missed payments numbered as 6 months late until December 2011, this is against the guidelines of the ICO which states in the Data ProtectionTechnical Guidance Document p5 section 4 that

“A record showing aseries of payments as six months in arrears when this does not reflect the realpayment history should not be used as an equivalent of a default.”

More so the ICO states that an account should normally be filed as being in default where those payments due have not been received for six months p6 section 11. The last payment received on this account was 28th of August 2007 by these guidelines a default should have been registered on oraround March 2008.

I wish the Data that you hold on me to be accuratelyreported as is my legal right, if you do not respond to me with an adequate response as to how you plan to rectify this issue, and supply me a copy of your complaints procedure I will escalate my complaint to the FOS and the ICO, i will also be seeking legal advice as to whether there are grounds to prosecute under the Data Protection Act 1998.

Willing2Learn

I am in no way qualified to give an opinion, but I did think that creditors only had six months from breach of agreement to register a default and that any subsequent default registered might be considered invalid.

Are you sure Welcome Finance are not attempting to subtly manipulate you into acknowledging the debt before it becomes statute barred in August 2013?

Maybe it would best to seek specialist advice through someone like National Debtline or a solicitor before you make any such acknowledgement?

stupot_99

im in scotland so it became SB last August. I think your right about the 6 months default.

Willing2Learn

Okay then. So the debt is apparently extinguished (subject to you not having made payments or acknowledged the debt for 5 years).

If you are unsure whether the letter is correct in it's use of legal arguments, then you could alternatively raise your concerns about the accuracy of recorded data to each of the CRAs. They have a duty to investigate and make amendments if the inaccuracy is proven. You would not then have to contact Welcome Finance at all.

stupot_99

Willing2Learn wrote: »

If you are unsure whether the letter is correct in it's use of legal arguments, then you could alternatively raise your concerns about the accuracy of recorded data to each of the CRAs.

Ill try that then, i cant be bothered with welcome from what ive read they are really bad to work with.

thanks very much willing2learn