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Default date on credit report 1 year after default notice

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I had a loan with lending stream which I took out the end of August 2011 & when checking my credit file last week I noticed they had placed a default on my account. I had never received a default notice so I contacted them asking them to remove the default as I had never received the notice, they finally got back to me today saying they had attached a copy of the default notice & as I now have a copy they don't need to remove it from my credit report. When looking at what they sent it was dated November 2011 but the default date on my credit report says December 2012. What I am wondering is if I have the grounds to fight back over the removal as it seems to me that after receiving my email they have typed up a default notice & gotten the year wrong or can a default be registered a 13 months after a default notice?

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    I'm assuning you did actually default on the account? When did you get behind with payments?

    If you were behind with payments by Nov 2011 then you would likely be able to argue for the default on your credit file to be backdated to be just after the date of the default notice.
    That at least would mean it is removed from your file a year earlier than it will be currently.
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  • rizla_king
    rizla_king Posts: 2,895 Forumite
    Default date on your credit report does not necessarily have to match that of a posted default notice. In law they are two different things that can happen at different times.
    Still rolling rolling rolling...... :) <
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  • happy_bunny_2
    happy_bunny_2 Posts: 4,488 Forumite
    It's worth complaining to them, in writing/email.
    :beer:
  • rizla_king wrote: »
    Default date on your credit report does not necessarily have to match that of a posted default notice. In law they are two different things that can happen at different times.

    Really? how so? What's the law? I ask because I think this is a factor on my credit file too.
  • Chrisblue1962
    Chrisblue1962 Posts: 1,203 Forumite
    Part of the Furniture Combo Breaker
    rizla_king wrote: »
    Default date on your credit report does not necessarily have to match that of a posted default notice. In law they are two different things that can happen at different times.[/

    I would have thought the date on the written notice was the relevant one as this is an original physical document from one of the parties to a credit agreement, whereas the record shown by a credit reference agency is merely a record of the date a document being issued by a third party i.e. the original lender.
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  • rizla_king
    rizla_king Posts: 2,895 Forumite
    whereas the record shown by a credit reference agency is merely a record of the date a document being issued by a third party i.e. the original lender.

    Default on a credit report is not a record of any document being issued though. Its to do with when the lender decides their relationship has broken down. Can be around the same time a consumer credit act default notice is sent but can also be months or years later depending on what happens then.
    Still rolling rolling rolling...... :) <
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  • Thanks for all your responses. I did complain to Lending Stream about this & they agree the date on my credit report is a mistake & are looking into the matter so fingers crossed this gets sorted soon
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hello there,

    Glad you got a good result.

    If anyone is interested, the Information Commissioner has writen guidance on the issuing of defaults and suchlike. You can read it here:

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

    Best wishes,

    David @ National Debtline.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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