Back dating a default

852318

Hi Tixy

I have done that also, I followed up with a phone call and that was their response.

I guess they have to reply in writing anyhow, so I will wait for their rejection on the matter.

This is so frustrating.

fermi

As this involves reporting before 2014 these guidelines from the ICO apply and should have been adhered to.

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

A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default.

10 Indicators of a default

The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.

• The account has been referred to a collection agency or in-house debt collection department.
• The account has been referred for legal action.
• The account has been included in a bankruptcy, IVA, or similar.
• The asset financed has been repossessed or instructions for repossession have been given.
• The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).
• The customer has not made satisfactory proposals in response to a demand for repayment.
• The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations.
• The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

11 Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

Quote:
• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.

fermi

Marlin are particular awkward though, and would swear blind that they see everything as white in the middle of a black hole.

You will likely have to to take them to the FOS and ICO.

(not even they always see sense though)

852318

Thanks Fermi

I have sent the below in follow up


Further to my complaint below





This account fell into arrears in 2006 these guidelines from the ICOapply and should have been adhered to.





10 Indicators of a default

The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.

• The account has been referred to a collection agency or in-house debt collection department.
• The account has been referred for legal action.
• The account has been included in a bankruptcy, IVA, or similar.
• The asset financed has been repossessed or instructions for repossession have been given.
• The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).
• The customer has not made satisfactory proposals in response to a demand for repayment.
• The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations.
• The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

Quote:

11 Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

Quote:
• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.



A record showing a series ofpayments as six months in arrears when this does not reflect the real paymenthistory should not be used as an equivalent of a default.





Therefore I firmly believe this account 575### it is inaccurate, unfair and not in accordance with the ICO guidance on filing defaults that was in place at the time and that in accordance with that guidance the default should have been registered nolater than May 2009 just like acct 561272 with NRAM was.



Please advise asap or I will be forced to take this up with theICO and FOS.

852318

original complaint below


MARLIN FINANCIAL ACCT



This account has been in arrears since 2006 when I entered aDMP with PAYPLAN. The original creditor was Northern Rock, who then becameNRAM. I believe you Marlin purchased the debt in 2013.



I had 2 loans with Northern rock originally, acct numbers57### & 561###. In May 2009 Northern Rock issued a default against account 561### due to the DMP. They failed to register a default at the same time foraccount 575### when they should have done as both accounts were more than sixmonths in arrears not just acct 561###.



Please can you adjust this and add the default for the other account back dating to MAY 2009 as I believe this account 575### it is inaccurate, unfair and not in accordance with the ICO guidance on filing defaults that was in place at the time and that in accordance with that guidance the default should have been registered no later than May 2009.



Please advise?

852318

I am feeling rather demoralised with this, it just seems completely unfair. Punished for attempting to pay the debt back.

852318

Thinking a lot ahead and if they reject it. If I stopped the payments to them for 6 months would they issue a fresh default that I could get backdated by the agency? Play them at their own game?

glentoran99

852318 wrote: »

Thinking a lot ahead and if they reject it. If I stopped the payments to them for 6 months would they issue a fresh default that I could get backdated by the agency? Play them at their own game?

No, The creditor has to make the changes

NICHOLAS_2

I would be scared to contact them incase i accidentally started the 6 year time period for acknowledging the debt, although i am not sure how that works exactly.

I would think that the original approach should have been, 'who are you and what are you doing, i don't acknowledge any of this' to be on the safe side

If it was me i would speak with a legal body to say you do not acknowledge this and want it removed and then maybe see if you can get any compensation for this being on your file and having a negative impact.

rizla_king

glentoran99 wrote: »

No, The creditor has to make the changes

If Marlin have bought it they are the creditor and can make the changes. The original creditor cant change anything as they are no longer the data controller.