Default question - no update despite settled for 3.5 years

qas786

Hi all,

I have recently began trying to improve my credit history. It basically went into decline while i was at uni 4-5 years ago.

I am now in a stable job, decent income, 1 credit card with regular payments and no issues (apart from 2 defaults in total)

I was checking my credit report and noticed a default dating to april 2012 from H and M, for the amount of £43. I had no idea what this was so looked into my documents, and couldnt see anything.

On further investigation, i found an email from july 2012 where i paid the exact same amount to a company called BCW. Now, the reason i paid this was because i had a job in line that needed me to settle this balance. At the time, a financially immature 21 year old, i wasnt too clued up about things. My employer (for which i had a job waiting) sent me the details of the payment, and i basically rang BCW and paid the amount, and got a confirmation email to say all is paid and sent this to my employer, which made sure i got the job.

At this point i had no idea it was a default, i didnt even know what it was for! i was under pressure to clear it in order to get the job offer, which i did. Also, thinking the amount was so small, i didnt bother finding out anything further.

Roll back last week, and i have called h and m. They say i defaulted because i bought something and never paid the £43. They allegedly sent letters to my parents address, when i lived at university halls (i have proof of my address for the period available).

My argument with the lady on the phone was that i never received these notices. I also told them the amount was paid in july 2012, and yet my credit history still showed an outstnading default.

She then said 'oh ye i can see you paid on 21 July, i will tell equifax to update your file'. So basically, for 3.5 years my default is showing unsettled. When i questioned this, they said we have too many cases to look at all them and update, and said it was my responsibility to chase them up.

She admitted to receiving information that my balance was settled with BCW, but didnt update my Credit history, which they seem to think isnt their responsibility.

With a lot of discussion i got no solution, apart from the fact they will now update equifax.

Where do i stand with this?

I guess i have the sob story of telling them i was at a uni address, received no corresponence, was financially immature, and that when i was aware i cleared in full immediately.

The other angle i could take is that i have been at detriment for 3.5 years since i settled the balance, because they were too lazy or not responsible to update my credit history to reflect its true status. Did they have a responsibility to update when they got the info it was now settled?

Thanks in advance

fermi

It is the creditor's responsibility under the Data Protection Act 1998/Principle 4 that:

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-4-accuracy/ https://forums.moneysavingexpert.com/discussion/3172602

"Personal data shall be accurate and, where necessary, kept up to date."

"Data that is reported on your credit file must be fair, accurate, consistent, complete and up to date."

It's not your responsibility to chase them to do this, They are obliged by law regardless. Their claim that they are not is complete BS.

Saying that, unless you can PROVE some real substantive detriment this has caused you over that time, then you are unlikely to get any more than than a small token redress even if you expend effort in making a complaint and taking that further.

qas786

fermi wrote: »

It is the creditor's responsibility under the Data Protection Act 1998/Principle 4 that:



"Personal data shall be accurate and, where necessary, kept up to date."

"Data that is reported on your credit file must be fair, accurate, consistent, complete and up to date."

It's not your responsibility to chase them to do this, They are obliged by law regardless. Their claim that they are not is complete BS.

Saying that, unless you can PROVE some real substantive detriment this has caused you over that time, then you are unlikely to get any more than than a small token redress even if you expend effort in making a complaint and taking that further.

Thanks, that seems logical, and reassuring.

In all honesty, I'm not looking for redress, I would rather have the default removed.

I guess the proving of detriment can be an issue, I guess I have been declined credit cards in the past, but it will be difficult to prove.

I have been trying to find someone importants email address within H and M, so maybe the customer service director or CEO, but can not seem to find anything. Any hints on how i can get this?

Thanks

xHannahx

A default marker will stay for 6 years regardless of whether you settle the account,

H&m email addresses all end @hm.com

Should not take much to find the CEO name, and try combinations of email addresses, firstnamesurname@ initialsurname@ first.surname@ initial.surname@ one of these formats seems to be the case for any company I've emailed in recent times. (Not complaints, but queries to a specific person)

Ben8282

The OP has at no time stated the status of the default. It may already be marked as settled for all we know.
The OP admits he bought something and failed to pay for it so looks to me as if the default is in order and should remain the full 6 years (marked as settled of course).

qas786

Ben8282 wrote: »

The OP has at no time stated the status of the default. It may already be marked as settled for all we know.
The OP admits he bought something and failed to pay for it so looks to me as if the default is in order and should remain the full 6 years (marked as settled of course).

the default is not marked as settled, it is marked as outstnading and has a balance of £43

qas786

Just an update on this, thanks for all your help.

The default was removed

fusionx212

Nice work qas786, i always like to see the average person succeed!