CCJ transferred to new default account??

rags2riches_2

Is this possible?

I have a CCJ for 7.9k from 01/2009 from Black Horse.

I had trouble paying this back so from 07/2012 I started paying £141 per month direct from my wages after completing an attachment of earnings form.

In 02/2014 Hillesden Securities contacted me to say the debt has been transferred to them with a remaining balance of 4.2k.

I have been continuing paying £141 directly from my wages with Black Horse forwarding the payments to Hillesden.

As of today this debt has appeared on my credit file. So I now have this negatively impacting my file as well as the original CCJ which was due to fall off my report in 01/2015 : (.

The default date is 07/2012 and the balance is now stating 4k.

This seems really unfair to hit me twice - is this allowed?

I know it's my fault for not having paid it off fully by now and getting into debt in the first place. Is just seems unfair that it negatively impacts my credit file twice for the same debt?

Thanks

fermi

Previous and current ICO guidance says that the date of a default cannot be later that the date of a CCJ on that debt.

Complain, telling them you will take them to both the FOS and ICO if they continue to record a false/inaccurate default date.

Current guidance.

https://forums.moneysavingexpert.com/discussion/3172602

Relationship of defaults to CCJs, decrees, bankruptcies, IVAs and similar arrangements

A default can be registered for debts which the lender has also tried to recover through a CCJ or decree.

In normal circumstances lenders will be notified when the debt that is owed to them is to be included in an insolvency e.g. bankruptcy, IVA or similar and should be marked as included in that by filing a default as soon as is practical.

The default date must be consistent with that of the CCJ/bankruptcy or IVA; therefore a default should be filed as being no later than the date of the insolvency order. In circumstances where the lender is not immediately aware, the default can be filed at that point in time. If evidence of the insolvency date is provided, the default date recorded at the CRA will be aligned.

If a default has already been filed and a CCJ or other insolvency or similar is subsequently registered, no further action is needed.

Where there is joint liability and only one party is the subject of an insolvency order, then the account should not automatically be marked in default if it is being maintained by the other party.

Guidance that applied previously and applies more to this case.

http://webarchive.nationalarchives.gov.uk/20100428141142/http://ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

or

http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

Relationship of defaults to CCJs, decrees, bankruptcies, IVAs and similar arrangements

46 We do not see any inconsistency in filing defaults relating to debts which the lender has also tried to recover through a CCJ or decree. Of course, the default must not be filed as being after the date of the CCJ or decree.

47 In normal circumstances lenders will be notified when the debt that is owed to them is to be included in a bankruptcy or IVA. In these cases lenders should file a default relating to an account that is included in an IVA or bankruptcy as soon as they receive the notification. In principle, a default should be filed as being no later than the date of the IVA or bankruptcy. We understand that on some occasions a lender does not immediately become aware of the court’s decision. In these cases, we are satisfied if a lender files a default when they become aware of the position, providing the delay is only relatively short. In these circumstances a lender should backdate the default filed to the date of the bankruptcy or IVA if the customer requests this. Where a credit agreement, for example, hire purchase on a motor vehicle, is not included in an IVA or bankruptcy, then it should be treated separately from the debts included in the IVA or bankruptcy and not be automatically marked in default. Similarly, where there is joint and several liability, and one party becomes bankrupt, then the account should not automatically be marked in default, because the other party will be responsible for it and may maintain payments.

48 Where a customer continues to pay a debt in line with the original contractual obligations, despite the debt being included in a bankruptcy or IVA ( including where the bankrupt agrees with Official Receiver that payments will continue), the lender would not be obliged to record the account as in default. If the customer stops payment at a later stage, the default recorded should show the date of the IVA or bankruptcy and the fact that it was settled only by IVA or bankruptcy as described in paragraph 51.

rags2riches_2

fermi wrote: »

Previous and current ICO guidance says that the date of a default cannot be later that the date of a CCJ on that debt.

Complain, telling them you will take them to both the FOS and ICO if they continue to record a false/inaccurate default date.

https://forums.moneysavingexpert.com/discussion/3172602



http://webarchive.nationalarchives.gov.uk/20100428141142/http://ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

Phew - great news - I thought it sounds really unfair.

So in effect the date of the default cannot be any later than 01/2009?

fermi

It cannot be. That a CCJ was issued is undeniable indicator of a default on the account. Recording a default after that date is completely inaccurate.

Black Horse or Hillesden are awkward beyond belief, so they may argue the toss. If they do be prepared to take them to the FOS and ICO as said.

rags2riches_2

fermi wrote: »

It cannot be. That a CCJ was issued is undeniable indicator of a default on the account. Recording a default after that date is completely inaccurate.

Black Horse or Hillesden are awkward beyond belief, so they may argue the toss. If they do be prepared to take them to the FOS and ICO as said.

I know I thanked you for the posts but just wanted to say its brilliant having someone like you on these boards able to give such fantastic advice. I really appreciate it.