Creditor has changed default date to keep it on my credit file!

simmouk_2

Hi,

This month should have been the removal of a default off my Experian report so I signed back up to Credit Expert to check.

I was surprised to see that it was still there. Having gone through previous reports I noticed that they have changed the default date:

22/06/2005 - started
06/07/2007 - original default date
28/03/2008 - new default date

I have been waiting for this to be taken off for years and was hoping to apply for a mortgage soon.

I have spoken to Credit Expert. They cannot think why they would change the default date and are happy to ask them on my behalf. They said they will request it to be changed back if I like and they have justification. If they have been found to be manipulating the system unfairly the finanical obudsman can have it removed.

I believe the debt is statute barred but I am not 100% sure. I need to query all my bank accounts to see when the last payment to them was before I am certain. I am reluctant to contact them just in case.

I wonder if they have changed it to keep a hold on me and hope that I contact them.

I understand that the company has to ensure the information is up to date and accurate. They also have to provide me with a letter warning before the default is recorded and are required to produce this if I challenge it.

Can anyone provide some advice please on the best course of action?

Many thanks

happy_bunny_2

They are not allowed to do this. But the do.

You are correct with your reasoning. They want you to contact them.

Experian will ask the creditor, who will say its correct and that will be that. You will likey have to complain to welcome. Be careful about admitting the debt if close to SB.

If welcome fob you off, go to FOS but could take months to sort.

Report them to the OFT.

happy_bunny_2

I would also check noddle and equifax once they agree to change it back.

simmouk_2

Thanks for the reply.

How can I complain without acknowledging the debt?

I am pretty sure that the last payment was over 6 years ago but a couple of years ago I had a 'calling card' at an old address from a debt collector who was chasing this. They stated the last payment was in 2009 but I'm pretty sure they are lying.

Still, I'm concerned they may have called me out of the blue, taken a payment and I've forgotten about it. The only way I know to be sure is to query all bank accounts for a payment to them.

Thanks

happy_bunny_2

Hmm, tricky. The acknowledgment has to be in writing or via a payment. You could call but they will lie, hence the advice never to phone.

Subject Access Request should list all payments etc. that shouldn't acknowledge the debt as its not account specific.

Can you get your bank statements from Natwest? Is that he account you would have used? Again, Natwest SAR should get those.

I would wait and see what Experian come back with.

simmouk_2

Thanks again for your helpful advice.

I will SAR everyone I have banked with first.

If I SAR the creditor they will get my current address, which I'm not too keen about.

I have told Experian not to look into it at this stage as I am concerned about acknowledging the debt. They were however very much on my side and said they would request the company change it back to the original date unless they have a justification for the change.

Thank you

happy_bunny_2

Acknowledging the debt has to be in the form of payment or be in writing. Phone or what experian are doing wont acknowledge it.

I would give experian a chance, unless you are in a rush. How long did they say it would take?

SARs take up to 40 days and sometimes longer.

Good luck

HB

happy_bunny_2

Forgot to mention. If you search your credit report with your new address, that will create a link to the old one so if welcome use their single brain cell when they get your credit report update then they will have your new address.
Not a bad idea that they have it, as if they issue court papers to your last address you can't defend it if Statute Barred.

Gold_bullion

Sorry, but I don't understand how Experian don't have your current address already if you've just signed up to them again, in which case all the lender need do is another credit check on you to discover it. Did you give them an old address?

Presumably, assuming many people in your position would do what you did and refresh their CRA membership at some point, maybe lenders perform a credit check coming up to the 6 year anniversary of a default (and regular ones throughout the period) to try to get someone's new address?

If they don't have it, how would you have got a mortgage with no current address recorded on the electoral roll?

Are you sure the original date stated on the file as the "default date" was correct? It would be easy for this to be recorded incorrectly, as the agency would initially record when the repayments stopped being made but this may not necessarily be when the official default notice was actually issued, which could easily be several months later after many letters and them chasing you. Could it perhaps have recently been amended to be 6 years after what they are now saying is the "correct" default date?

simmouk_2

Hi all,

Thanks for the responses.

@Gold Bullion, yes I used my new address.

Credit Expert contacted Welcome and this is what they came back with:

I have received a reply to the query we raised on your behalf.

Welcome Financial Services Ltd confirm the details we hold are accurate and ask that we keep the information on our database.

I cannot change this information without their authorisation.

If you wish to dispute this further, you will need to contact them directly.

You may want to provide documents to the company directly to support your comments as this can help them to resolve your dispute.

Please be assured that should the company send us any further instructions regarding this matter, we will act upon them accordingly.

I am deleting the following Notice of Dispute from this information:

"The consumer has disputed the accuracy of this entry and we have therefore asked the provider to investigate it. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

This will be removed within the next seven days.

If you would like there to continue to be a dispute statement on this information, I can add the statement below.

"The consumer has disputed the accuracy of this entry. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

Please let me know by return if you would like this statement to be added to your report, where it will then remain until we receive further instruction from you. Alternatively, you may wish to add your own statement to this entry on your report.

If you would like to add a 'Notice of Correction' to your credit report, please let us know, in writing, the exact wording you would like to use. We cannot add a statement that is longer than 200 words or one we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason.

So as Happy Bunny said they have said it's correct. So now I have to ask them for proof that it is correct but by doing this I am acknowledging the debt. I guess I need to find out if this is statute barred but submitting a SAR for all bank account I have ever owned.

Any further advice is appreciated.

Thanks

rizla_king

That is the way to go. Or wait until your are sure it is statute barred.

Start a FOS complaint against Experian as well as they have had all the information they need to prove the entry is false. They should remove it.