Default on file

malarkey

Hi again, I posted about a month asking for advice on a default being recorded on my partner's credit file in Feb 2012, despite him having had his debt managed (we thought) since 2006 through a debt management co. After taking the very useful advice given on here to determine whether the creditor had filed a default early on in the process, he wrote to the creditor on 11th Oct, sent by recorded delivery, but hasn't heard a peep!
How long do we leave this before requesting some action? Am I right in thinking they have 28 days to reply?


Thanks.

fermi

It depends on the route that you intend to take this forward through.

If via the FOS then you need to give the company 8 weeks to produce a final response. You can give them a nudge though.

A complaint to the ICO doesn't have such a time scale set in stone, but it is advisable to give creditors the same time to respond. The ICO suggests 28 days, on which you should remind the creditor of your complaint and give them the same again. Then if no joy you make a formal complaint to the ICO.

malarkey

Many thanks!

malarkey

Hi again - have written again to creditor and debt management co. Still no reply from creditor ( credit card co) but have heard by letter from debt man co ( we are asking for their records of partners account as he was, predictably, sent very little info over the 7 years that the DMP lasted) - they are saying that although they bought the original debt man co approx 3 years ago, they did not buy any records! So cannot provide any info relating to his account - surely they should be able to provide some records?

Tixy

When did the DMP finish? was it before 3 years ago? or since?

If after they certainly should be able to provide some information relating to his account. Did he do a formal subject access request to them? or a bespoke letter?

Does the letter from them actually say they acquired the previous company or does it say something like they took over the management of the DMP portfolio?

malarkey

Sorry this has taken so long to reply - answers to questions as follows:

DMP ended March 2013

Company say they acquired the debt management portfolio only from the original company, in Nov 2011.

A bespoke letter was sent to them and they eventually replied via email, very polite email but basically says it's nothing to do with them, but it was actually this company that reduced a payment to a creditor with no discussion or notification to partner, resulting in default from creditor in Feb 2012, so they must know something!