Default dates are wrong......how do we get them fixed???

abba1772

Hubby has decided to take his head of the sand and has looked at his credit file.......it's not good tbh

On one if his accounts though it's all wrong.....he bought a car through finance with no deposit, monthly payments were ridiculous and before his first payment was due to come out he phone the finance company to collect the car as he couldn't afford IT (this was 5 years ago) but they never collected it til 3 month later.

They claimed they sold the £10000 car for just £1400 but when asked to prove it they refused and started chasing hubby for the difference but he couldn't pay so buried his head in the sand

The credit file is showing two payments, one a few months after the collected the car which I'm assuming is when the sold the car in 2010 and then another one in 2012 ........im assuming a debt collector????? Now it's saying on his credit file its not due to come off his credit file until 2018 but he's never paid a penny towards it, won't acknowkedge the debt until they send proof of how much the car sold for at auction and this was in 2010

If he defaulted in 2010 surely the debt drops off the credit file in 2016????

abba1772

Anyone help????

fermi

So what is the "default date" listed on this on the CRAs file?

abba1772

October 2012 even tho you can clearly see on the CRA that no payment were ever made until August 2010 which we are assuming is when they received funds from the auction.

They seem to be dating it when it got handed over to the debt collection agency which was 2012 surely they can't extend the life of the debt if they've receievd no payment at all

Thanks for replying

fermi

You would need to complain stating that the date of the default they have recorded is not fair or accurate, telling them that you will be taking them to the ICO and FOS if they refuse or fail to correct the date.

The ICO guidance that applied at the time was

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

While there is a level of interpretation as to when a default occurs, there are some limits set out there in both time/arrears that accrue and clear indicators of a default.

Read through the sections 1 - 11 particularly.

Here

- No payments ever made
- The asset financed has been repossessed or instructions for repossession have been given.

would in themselves be unarguable indicators of a default, so should have been record back when those occurred or within a reasonable period of 3-6 months.

abba1772

Who would you take this to tho.....the original credit provider or the debt recovery agency that currently holds the debt???

Again thanks very much you've been extremely helpful

fermi

Firstly whoever is now recording the date wrongly, although may require complaining to the original creditor as well if depending on who has responsibility for it.