📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Default added two years later.

Hi all,

This is more for clarification purposes really as I was wondering if the situation I've found myself in is fair or if the DCA are in the wrong. Basically, a default has recently been added to my file (September 13) for an account that originally defaulted back in 2011. This has only just happened after contacting them offering a full and final settlement. The company in question is MK Rapid Recoveries. Was I right in thinking the default cannot retrospectively be added or are they well within their rights to do this?

If this is bad practice, what are the further steps I should take to rectify the problem?

Thanks in advance.

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Probably only just been traced to your report, hence popping up now. If the default date itself is accurate, then you are going to have a hard job arguing against it perhaps.

    See: https://forums.moneysavingexpert.com/discussion/3172602
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    after contacting them offering a full and final settlement.

    This course of action will impact your credit report negatively as well.
  • Will check my report again to see the default date but seeing as it's been added to September 2013 does that then mean it's six years from then? The debt was with HSBC which got passed to a DCA in 2011 and as such the default occurred at that time. Surely it's not right that my report can be impacted for six years from when they decide themselves to add it to my file? Or am I misunderstanding the way this works and it's less restricting because of the original default date or when it was added?

    Just a bit of a kick in the teeth really as I'd started to improve my file with a credit card which is paid off on time and little things like phone contract etc.

    Cheers.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 24 September 2013 at 9:07AM
    The default and account remain on your credit file for 6 years from the recorded "default date", irrespective of when it was "added".

    So what is the actual original default date here?

    e.g. on a typical report.....

    KEblGXa.png
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Write to HSBC and ask them to add a default at the date at which the original agreement broke down. The act of selling the debt is enough proof of this so they can't argue and should have defaulted you then if not before. Tell them you will get the ICO and FOS involved.
  • The account can be reported by a different company when sold, e.g. To a DCA. The default date is fixed and if its changed a written complaint is in order to the last people who added the entry.
    :beer:
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.6K Work, Benefits & Business
  • 600K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.