Guidance on default dates / challenging the dates

1981trouble

I entered a dmp in Dec 07 with Payplan and then took over it myself in 2009.

Most of the creditors defaulted the debt in 2008. 2 (Debenhams- GE Finance and Barclaycard) didn't default them until late 2009 and August 2010.

Most are now due to fall of my file within the next year except these two which will be on there for siginificantly longer. I am still paying them all off, but am gradually working my way through f&f's etc.

I read that defaults should be issued 3-6mths after payments fail. But both GE and Barclaycard delayed this to 2-2.5 years after it started. My credit file shows that reduced payments were being made at the time and that they didn't default it - 8-9 months of it saying "6".

Is there any guidance on challenging this and getting them to change the dates? Anyone managed to do it and can help me out with what to say?

Jason_Bourne_2

I'm similar, fighting a credit card default date at the moment. I had an overdraft and credit card in arrears prior to entering a DMP. My file was marked 3 before the DMP then AR for 8 months with each then a default on the overdraft but the CC then went onto 1,2,3,4, etc and defaulted a full year later. I reckon they should have defaulted at the same time, a year would make a hell of a difference to me in gaining a mortgage soon.

Here's the guidelines.

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

1981trouble

Thanks for that link - have quoted directly out of it on my letter.

Debenhams card is really straightforward - they have 12 months of 6's on the account so they need to change it. I have sent them a letter.

Barclaycard account has just got a whole lot more complicated. I haven't worked out what to do with this one.

December 2007 - started reduced payments. (cr reports this as 1,2,3,4 on the months)
Mar 2008 CR states "UC (AR)" yet a payment is shown on the payments section - My argument is how can an account be Unclear if there is a payment being credited. This continues until August 2009.
Sept 2009 recorded as a 2, Oct, Nov, Dec and Jan all reported as a 3, Feb a 4 Mar and Apr 5's, May June and July (2010) as 6's.
All of the above clearly not an accurate record of the account.

Apparently June 2010 - January 2011 there were no payments made onto the account. Each month shows £0 as payment made. Yet I have bank statements to prove they are. So once again, report is misreported and I am not sure if my balance is correct now.

Can I ask for peoples thoughts and advice on how they would approach this? I am livid with Barclaycard - there are so many errors that it is negligent.

I will be honest and ask this outright - I am in the process of sending full and finals, will this be beneficial to me to bring it up and would they be more likely to accept based on me not taking it any further?

Jason_Bourne_2

1981trouble wrote: »

Thanks for that link - have quoted directly out of it on my letter.

Debenhams card is really straightforward - they have 12 months of 6's on the account so they need to change it. I have sent them a letter.

Barclaycard account has just got a whole lot more complicated. I haven't worked out what to do with this one.

December 2007 - started reduced payments. (cr reports this as 1,2,3,4 on the months)
Mar 2008 CR states "UC (AR)" yet a payment is shown on the payments section - My argument is how can an account be Unclear if there is a payment being credited. This continues until August 2009.
Sept 2009 recorded as a 2, Oct, Nov, Dec and Jan all reported as a 3, Feb a 4 Mar and Apr 5's, May June and July (2010) as 6's.
All of the above clearly not an accurate record of the account.

Apparently June 2010 - January 2011 there were no payments made onto the account. Each month shows £0 as payment made. Yet I have bank statements to prove they are. So once again, report is misreported and I am not sure if my balance is correct now.

Can I ask for peoples thoughts and advice on how they would approach this? I am livid with Barclaycard - there are so many errors that it is negligent.

I will be honest and ask this outright - I am in the process of sending full and finals, will this be beneficial to me to bring it up and would they be more likely to accept based on me not taking it any further?

Get the full and finals in before you chase them for the credit file, that's what I did.

Even if they accept the reduced settlement it won't have any bearing on the decision making and adjusting your file. The ombudsman will decide if it goes that far.

I certainly wouldn't accept an inaccurate credit file in exchange for a full and final.

happy_bunny_2

If you send them a subject access request, it will show a full account statement history so you can see if the payments made it to your account.

You might also find something useful regarding arrangements and defaults.

Ruth_Coombs

It sickens me how much one malicious company can screw up your life for such a small amount of money. This was apparent on the MSE show regarding couples trying to obtain mortgages. One couple had missed 1 credit card payment due to redundancy (not a life choice) and now, even with a 5% deposit they stand to be penalised by thousands of pounds a year as the mortgages offered will be increased due to this missed payment! Our situation was a DMP in April 2011 but as the 1st payment did not go to the creditors (a fact I fully understood) the MBNA account hit the '6months in arrears which was due to a long running dispute with them. I had made payments all along, all be it reduced, but they still hit the default button then sold the debt. However I knew nothing of the default notice until October 2012 when trying to apply for a mortgage. The DMP company did not notify me and say they had no letter on record but the default was recorded in January 2012 - so many months later. Also Homebase say the DMP company did not complete paperwork on time each 6 months so my regular payments to DMP were recorded as late. Now no hope of a mortgage for years even though 90% the debts have now been paid off in full. Punishment does not fit the crime it is just seen as another cash-cow for the workers to pay through the teeth! Victorians threw starving people into jail for stealing a loaf of bread - this century we're just crippling them financially and wondering why depression is on the rise!