Back dating a default

852318

Hi All,

Advice and experience needed.

in 2006 I got in a real financial mess and entered a DMP with PAYPLAN.

Most of my creditors defaulted me and have all since fallen off. However a couple of creditors haven't done so and continue to record negative info on my file as I am still paying into the DMP.

One particular example:

I had two loans with Northern Rock. They waited until 2009 to default one of these loans (all other creditors 2006/2007). The other loan has never been defaulted and is now in the hands of Marlin and continues to show on my file.

Do you think I can get this defaulted and back dated as it seems completely unfair that this debt was never defaulted? It is even more crazy that they defaulted one loan but not the other despite them both being in arrears and on the DMP?

Any advice or experience on this would be great.

Thanks!

rizla_king

It being passed or sold to a debt collector is an unarguable case of a default. It should have been defaulted at the very latest when that happened.

852318

So is it possible to back date a default? These accounts have been in arrears since 2007, surely that's when they should have defaulted like the others I had?

It seems being in a DMP and actually paying towards the debt at a reduced rate has ruined my file long term?!

happy_bunny_2

You should complain to the current owner, in writing, that the account should have defaulted within 6 months of the DMP. Especially if the payments were low compared to the contractual amount.

They can backdate, yes. They may not. In which case you take to FOS.

Not a quick process though, may take months if successful.

852318

Thank you.

I have sent an email of complaint to Marlin saying it should have been defaulted latest 2009. I have also sent an email to Equifax and Experian saying the same thing.

Anyone with a success story on getting a default back dated?

Cheers

852318

I have had this response from Experian. Seems a bit odd that they don't have the power to register the default without Marlin's permission. I can see Marlin rejecting this complaint and continuing to trash my file with 6 late payment markers. Completely unfair.


I am contacting the company concerned for you because Ican't amend the information without their consent. I'll let you know what theysay as soon as they get back to me.



I'm also adding our standard dispute statement to thisinformation, which will appear shortly:



"The consumer has disputed the accuracy of thisentry and we have therefore asked the provider to investigate it. Given thatthis data is disputed, please take care if making an assessment of any kindthat may include this data."



As a result, anyone viewing this information will beaware that it's being disputed.



If you have any further queries I can help with, pleaselet me know by return e-mail.

Tixy

Experian are correct. They report information that is passed to them from creditors/debt collectors etc. Which is why its usually best to contact the debt collector not the credit reference agencies to dispute an item.

Here is a post from today of someone getting a default backdated (slightly different circumstance to yours) Default notice - is there a time limit for the default to be applied?

More examples of people getting a default backdated and APs changed to back dated
https://forums.moneysavingexpert.com/discussion/4910894
But also here are examples of people not being successful - https://forums.moneysavingexpert.com/discussion/5163245

852318

Thanks Tixy,

Do you think I have a good case? The fact that all my creditiors defaulted me back in 2007 and Nram defaulting the other account I had with them in 2009 and not this one seems totally unjust.

Tixy

I think it is definitely unfair.
You should have a good case.

You ideally need to persuade the debt collector or even original creditor to change it though, as recently it appears that complaints to the ICO won't always succeed. Hopefully the debt collector will either agree that is is unfair and be happy to change it, or won't yet be aware of the ICO's apparent change in stance.

852318

I have called Marlin

They are flatly refusing to register the default, the guy said they cannot do it and continue to register the 6 late payment markers against the file as that is a correct reflection of the account.

Now what do I do?

Tixy

I would have written to them, setting out in detail the reasons why it should be recorded as a default (refer to the ICO guidelines in place at the time as per advice on the F&F thread)