Help with credit records

baggyann

Hi,

I've just been reading a few threads on here about the six month arrears/default things and it prompted me to have a look on my own file (I don't usually because it's depressing).

My question is, I have a CCJ which was logged in August 2012 for a credit card that was transferred to a DCA. The DCA did the whole recording 6s thing for 8months before the default was registered. The default is dated the same month as the CCJ. Does the CCJ date take precedence over my file anyway so it doesn't matter about requesting the default showing sooner or should I still get this reviewed? Also is it likely that they had to put the default on there so they could apply the CCJ and that's why they both happen to be in the same month?

Also, I recently had a letter from the original company providing the credit card saying that the DCA had their operation shut down and my file was in the process of transferring back. I since have had a letter from a new DCA but the amount of debt is showing lower than the CCJ amount and they are asking me for new repayment proposals. What does this mean for the CCJ? Does it still count?

Finally, I have a mortgage current account that has a reserve attached and I was under the impression from the T&C's that interest would accrue each month and that the account had to be repaid at the point of closure of the mortgage. There are no set monthly payments. However this is showing on my file as 3months in arrears (the accumulated interest has knocked it over its limit but there are no repercussions of this detailed in my statements or T&C's in my mortgage offer. The sign on my other accounts when they're in arrears show red but the months and the status sign on the account are still showing green. So is this a problem or not? I'm really confused. How is it 3 months when there are no payments and it's been the same for over a year?? Like I said it's all still green so maybe it's not doing anything? I'm only concerned with this one because it's joint and secured, my husband is clean as far as his rating is concerned and the last thing I want is for this to become an issue too.

Tixy

8months before the default was registered. The default is dated the same month as the CCJ. Does the CCJ date take precedence over my file anyway so it doesn't matter about requesting the default showing sooner or should I still get this reviewed?

Yes with the CCJ showing on your file for the same time span its unlikely to be making it worse. However an account being passed to a debt collector is an indisputable indicator of a default (specifically stated in the ICO guidelines). The very latest that a default should be registered is the date an account is passed to a debt collector.

What does this mean for the CCJ? Does it still count?

The CCJ is still valid. Was the CCJ obtained by the creditor (or in the name of the original creditor?) or in the name of the debt collector?

Not sure regarding the mortgage reserve.

baggyann

Ummm... I'm not sure which one filed it. It was named as Bank of Ireland (it was a post office cred card) but the paperwork came from the DCA and they've always been the ones calling the shots. The first communication I've had from post office since they passed it over was last week when they told me they were recovering my file because the DCA had been closed down. They had my original balance down as the amount owed and the new DMC has the same figure. It's around £1000 less than the figure the CCJ is for.

So, if it should have defaulted when it went to the DCA, but the CCJ is later anyway, does the six years start from the CCJ date or the original default date? If it's the default date then I'll complain about the 6's, if it's the CCJ date then there's not a huge amount of point. Would they have needed to record the default before they filed that CCJ then? Sorry about the incessant questions.

Thanks got your response.

Tixy

does the six years start from the CCJ date or the original default date?

The account entry and default drop off your credit file 6 years after the date of default as shown on your credit file.

The CCJ will drop off your credit file 6years after the date of judgement.

Strictly the default is inaccurate and you could argue to get it backdated, in practice it probably won't make much difference to you because of the presence of the default.