Default just appeared

GuyLondon84

Hi all,
Wondered if anyone had some advice for my Son.

He'd missed payments on a store card, which lead to a default. He didnt receive any information on this but was told when he called up to pay the store card off over some months.

Up until then the agreement hadn't shown on his credit file, nothing. When he'd paid off the card and closed the account a year after he defaulted, the agreement suddenly appeared on his credit file.

Now, i know he's been stupid, and this card does relate to an ex-wife and was £200, but it seems unfair in that he has impeccable credit rating apart from this blip.

Do companies have a duty to update the agencies within a certain timescale? are they allowed to update after a year after it's been cleared? if he was a serial non payer i'd tell him to leave it and suffer to teach a lesson, but thats not the case here and wondered if anything can be done? he has written to the company and they have refused to remove it.

spacey2012

It may be a debt collector hoping he has not kept the proof it was paid off.
Now might be a good time to dig up the paperwork and keep it very handy and safe.

Caz3121

GuyLondon84 wrote: »

Hi all,

He'd missed payments on a store card, which lead to a default.

How many payments did he miss?

GuyLondon84

I am sorry, i do not follow...

We contacted the company and they sent us letters of which they reckon they issued. They are not certified copies and without proof of postage, so i am not sure how they can prove they were sent out.

what i need to know is do we have a case to have it removed because they took so long to record the agreement and default in the first place?

GuyLondon84

Caz3121 wrote: »

How many payments did he miss?

He missed 3 payments i believe before the agreement was set up to pay it off each month

Candyapple

It sounds like for whatever reason the store card company started reporting data back to the CRA's later than usual.!Is the account now closed? Perhaps the account being closed triggered this?

What date is the default dated? Is it dated from the time around where they originally told him he had defaulted or is it dated recently?

I'm not sure you would have much of a case for removal if it's a backdated default as it is factual.

matttye

Candyapple wrote: »

It sounds like for whatever reason the store card company started reporting data back to the CRA's later than usual.!Is the account now closed? Perhaps the account being closed triggered this?

What date is the default dated? Is it dated from the time around where they originally told him he had defaulted or is it dated recently?

I'm not sure you would have much of a case for removal if it's a backdated default as it is factual.

Was just about to say this. If the default is backdated to around the time he actually defaulted, there's next to no chance of having it removed. If the default is dated recently, then they may be in breach of the ICO guidance on filing defaults.