Default Dates

wrutless

Hi there, looking for a bit of clarity. How long after the last recorded payment to the orignal creditor can a DCA register a default? I had a debt with lowell that I have paid off (£75) and their default date on my credit file is feb 2010 and my last payment to the orignal creditor was august 2007....

I have searched but cannot find clarity, I have seen people mention they can register up to six months from date of last payment and no more. Is this true?

Rrushi_Shqiptar

Its probably the date that they bought the debt off of the original creditor.
they can by a debt anytime, whether its enforceable is different.

Does the original creditor have Debt Assigned to CAIS Member stated on the file?

wrutless

No the original creditor (Hutchinson 3G) dropped off my file a long time ago. Only Lowell's default is showing on there now (Started date: 08/09/2006 Default Date: 03/02/2010)

Also to add, this debt is now Satisfied

fermi

What sort of debt exactly?

Most should be reported as a default with 6 months, 3 months worth of full payments, but on some types of debt have a later date they are 'called in' or are not due until the creditor does so, can legitimately be defaulted much later when they eventually do that.

fermi

OK. So mobile phone.

Have you got copies of the original 3G entry? Did that record a default? If so what date?

wrutless

I don't have any details from the original, only my old bank statements showing when I last paid a sum of money to the original creditor.

fermi

In that case you are left with with writing to Lowells disputing that the default date they are recording is accurate, becasue as per ICO guidleines it should have been applied much sooner than it was.

See: 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

and

http://www.scoronline.co.uk/files/scor/high_level_prinicples_document_final.pdf

A possibility for more info may be to ask 3G when they defaulted the account, or even do a subject access request for the info. That is if they still know or have anything on the account.

wrutless

Ok, is it worth using CreditExpert to do it for me? I have already email Lowells and they said they would not remove the default because it represents a true reflection of how I have conducted by finances over the past 6 years.