Default put on file late?

justcat

Hi all,

I'm hoping that someone could help me with an issue that a friend of mine has.

He has the following on his Equifax Credit report:



He had a debt with Capital One and as you can see, he went into a Debt Management Plan in December 2006 after having 2 months of non payment.

Then, the credit company (Capital One) filed a default against him in December 2008.

Having read the forum, I think that this is wrong and they shouldn't have waited so long to file this against him but I'm not entirely sure.

Should he be going back to Capital One and getting them to remove the default?

If that is the case, does anyone have any ideas of how to go about it? Letter templates or something?

Thanks

justcat

Can anyone help?

MoneySaverLog

The following may be of interest

http://www.ico.org.uk/~/media/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.ashx

I would not expect a default to appear long after the start of an arrangement to pay. They should back date it. Raise a dispute is what I would do.

Tixy

Did anything change around about the time they added the default? i.e. did he have to reduce payments on the DMP or miss any payment to the DMP?

If so that could be an explanation as to why they went from considering it a satisfactory arrangement to pay to a default situation.

People have successfully written to creditors to say that they believe the timing of a default is unfair and have sometime been able to get the default backdated to a fairer date or even removed altogether.

When reading the link provide in the above post reply the last bullet point on section 19 is a useful point to quote to a creditor. And also read section 21 about defaults after an arrangement to pay.

ChopperST

One would assume that the account was defaulted in 2006 when the arrangement to pay began?

rizla_king

No, as if you read the ICO link and AP is used for a short term arrangement as an alternative to filing a default. 6 months maximum. After that a default should have been recorded.

justcat

rizla_king wrote: »

No, as if you read the ICO link and AP is used for a short term arrangement as an alternative to filing a default. 6 months maximum. After that a default should have been recorded.

Yeah, this is what caught my attention too. I don't understand why it would have carried on for 2 years

matttye

justcat wrote: »

Yeah, this is what caught my attention too. I don't understand why it would have carried on for 2 years

Should have been defaulted from May 2007 - which means the entire account should be gone now.

rizla_king

justcat wrote: »

I don't understand why it would have carried on for 2 years

To shaft your credit file for as long as they they think they can get away with.

happy_bunny_2

Done to screw you. RBS renew APs every 6 months. They did with me. So 2 years wasted before default.

Complain, in writing. Insist they change to 6 months post DMP max.