advise on default

MrC1977

hi all

i was very bad with money and now in the process of sorting myself out.

I went on DMP in September 2010 and has a few defaults issued early 2011. rightly so.

However i have one issued by company A in February 2012.

I have wrote to them on four occasions asking why i was not defaulted when i went on DMP or within six month as per the guidelines. they kept writing back saying that they were acting on behalf of company B who passed the debt onto them and it was correct.

I then asked them to explain why the guidelines was not followed as regards the default date and they have now written back saying the

"the original agreement was set with Company C so unfortunately i am unable to comment on why they did not send this within the six month period. The customer was paying below the agreed amount which is why it has receieved a defalt"

To summerise

I entered into a DMP in September 2010 when account was Company C and i made payments via DMP.

Company C then passed/sold debt to company B and i continued to make payments

Company B then passed to Company A in February 2012 who immidiately issued default even though i made the same payment via DMP.


I accpet that i deserve a default - i did wrong. I have now repaid in full (no settlement) but i believe it should be dated early 2011 and not a year later.

What is my next course of action

any help appreciated

thanks

Chris

matttye

The ICO guidance says "Accounts should normally be filed as being in default where those
payments due have not been received for six months."

http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Tell them they are in breach of the Data Protection Act by recording a default so long after you stopped making appropriate repayments, and ask them to either remove it or re-date it. If they refuse, you'll need to complain to the financial ombudsman.

MrC1977

matttye wrote: »

The ICO guidance says "Accounts should normally be filed as being in default where those
payments due have not been received for six months."

http://www.ico.org.uk/for_organisations/sector_guides/~/media/documents/library/Data_Protection/Detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

Tell them they are in breach of the Data Protection Act by recording a default so long after you stopped making appropriate repayments, and ask them to either remove it or re-date it. If they refuse, you'll need to complain to the financial ombudsman.

thanks Matttye.

presumably i complain to company C who have issued the default and have been corresponding with me and state that as far as i am concerned that it is them that needs to re-date/remove it.

thanks again

matttye

MrC1977 wrote: »

thanks Matttye.

presumably i complain to company C who have issued the default and have been corresponding with me and state that as far as i am concerned that it is them that needs to re-date/remove it.

thanks again

Yep that's the one

MrC1977

matttye wrote: »

Yep that's the one

thanks Matttye - much appreciated

happy_bunny_2

As Matttye says, complain. You should complain to whoever owns the debt now, its up to them to sort it.

holly_hobby

If you have the original default letter from the OC then you can use this as evidence of the apx date registration should have taken place, as will be noted within the DN itself.

You should contact the CRAs and advise them of the issue, they have a legal duty to ensure that the information recorded is correct, which the original DN will help you with, and in the meantime they will record a notice.

There is also an experian rep on the boards, you may want to give him a shout, and he'll advise further on what Experian will require to amend the date (which will usually involve them contacting the firm for confirmation/clarification).

Hope this helps

Holly

MrC1977

holly_hobby wrote: »

If you have the original default letter from the OC then you can use this as evidence of the apx date registration should have taken place, as will be noted within the DN itself.

You should contact the CRAs and advise them of the issue, they have a legal duty to ensure that the information recorded is correct, which the original DN will help you with, and in the meantime they will record a notice.

There is also an experian rep on the boards, you may want to give him a shout, and he'll advise further on what Experian will require to amend the date (which will usually involve them contacting the firm for confirmation/clarification).

Hope this helps

Holly

thanks Holly

happy_bunny_2

Also complain to the debt owner, as CRAs ask the creditors who say of course it's correct then the CRAs tell you that. Thus no effort on their part.

Experian_company_representative

We can certainly raise it with the current provider, who now owns the data, on your behalf. Just send us the details via the Experian online query form.

Thanks
James