Getting Default Date Changed

jojororo

Hi,

I have been on a DMP with PayPlan since June 2009

I have four defaults on my Credit History, the default dates are showing as follows...

20/8/09 (this should have come off by now)
13/1/10 (not great but can live with this for another 3 months)
3/5/11
21/7/11

I thought was default date should be the date the DMP was agreed, whereas my default dates have been set up to two years after which means that my credit file will not be "clean" for another two years.

Is this right and if so how do I go about getting the dates changed ?

To clarify I still owe money on each of these accounts and I am currently in process of making FFP offers to try and clear the balances. It is therefore just the default dates I am asking about
here.

Thanks
Jo

hanb

Hi Jo,


I had a similar question and believe it depends on what the accounts/defaults were for. Mine was for an overdraft and therefore it could be placed at any time - 12 months after the token payments were made and 18 months after the account first fell behind


I'm sure someone with more knowledge than me will be along shortly but it might be worth mentioning what the defaults were for?

jojororo

Debts were for 3 x credit cards and 1 x personal loan

sourcrates

Hi,
A creditor can default you at any time, there is no set date for this to happen.
But, if you believe you should of been defaulted earlier, and think you may of been disadvantaged because of this, then you should write to the lender and complain.
You can take this to the FOS if the lender disagrees with your assessment.

bennyhill_2

You can approach the original creditor about getting the date changed - do your homework first and make sure you know the exact dates the accounts fell in to trouble/when interest was froze/when the creditor acknowledged there was an issue.

Be prepared to be passed from pillar to post, but if you cite the change in regulations and that they are artificially extending or late in the original date of default and that this is having a detrimental effect on your credit file, you should get somewhere.

Make sure you get the names of everyone you speak to and be prepared to be a little patient. I got Barclaycard to remove a default date that was 3 years newer than it should have been recently, even though they'd sold the debt on - and the DCA subsequently also removed the default marker too (it was being reported by both parties separately!).

Good luck and keep us posted - took me 3 months from start to finish and a number of phone calls.

Movingon5464

https://www.google.co.uk/url?sa=t&source=web&rct=j&url=http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf&ved=0CCIQFjACahUKEwihoNKe9P7HAhUEWRQKHWXHAbg&usg=AFQjCNFqBVym-cq1Z959ysyLOwjeTlKLXA

Movingon5464

I have tried to link above the ICO guidelines that were in place at the time regarding filing defaults. If it doesn't work just google " ICO technical guidance on Filing Defaults " and it should come up with a link to the document on the Experian website.

Basically you need to state that:

In accordance with ICO guidance in place at the time you believe they should have defaulted you when the account was between 3 - 6 months into your DMP as you was no longer making the contractual payments. Filing the default later has meant the record will remain on your file in excess of 6 years which is longer than it would have done had you not paid the debt as in that case it is reasonable to assume they would have defaulted you within 3 - 6 months of payments stopping. Therefore you are now disadvantaged compared to someone who chose not to pay their debt.

You should make it clear that you would like them to agree to correct this by backdating the default before you make your payment. Once they have been paid I don't think you will have much luck so make their correction of the default date a condition of your payment.

Brightspark87

just to say its worth complaining if they have treated you unfairly. I got my defaulted removed because of this! I explained that by waiting over a year to default me it significantly effected my life and credit report. They did it without me going to FOS too.

North37

I would love to know the outcome of this. I am in the process of doing this, trying to change the dates of 3 defaults all Lloyds Bank, loans, overdraft and credit card. I went into a DMP in June 2009 but the default dates on the above accounts state June and December 2010. I am contesting it but having to go through the companies that bought the debt.

North37

I would love to know what the outcome of this is, if there is one.
I'm in the same boat here. I went into a DMP in June 2009 so they should be clear but Lloyds defaulted, apparently, June and Dec 2010. I'm contesting it but it is taking so loooonng.

Brightspark87

hi it does take long - mine was 6 months + but they did sort it and it was changed. They even removed mine as it was so incorrect Good luck!