Default Status on Credit File

scunner

Hi. I previously had an account with Marbles which I know defaulted between September 2009 and May 2010, as did all the other credit card accounts I used to have. The account should either now not be on my credit file with Experian or be due to be removed in the next 4 months at worst. However, the company who took the debt over continue not to reflect the true status of the account and insist in showing late payments and a DMP which I have never had.

I contacted Marbles for an accurate date as to when the account defaulted. However, they say that as they sold the account to Cap Quest in November 2012 .... "we are no longer reporting to the credit bureaus about this account". Marbles further advise that I should contact Cap quest for the information I need.

Surely this response is not correct? Do Marbles not have a responsibility to maintain some form of record for a specified amount of time (which I'd always though was more than 6 years). It seems a very poor response to say merely that they no longer report on the account to credit bureaus, not least of which this is not what I asked them in the first place!!

I really need this information to assist in a complaint I've lodged with FOS and would be grateful for any advice please! Thanks.

sourcrates

Hi,
The default date will be clearly visible on the credit file entry, it will say "date of default XX/XX/XXXX".
It's the new owners responsibility to report on the accounts status, once a debt is sold, all rights and privileges pass to the new owner.

If you are not making normal contracted payments, as you arnt, as the account defaulted, they will report that status monthly.

I have never heard of a DMP been marked on a credit file ?

scunner

Thanks Sourcrates.

I've just re-checked my Experian file and DMP is still clearly shown on the record! The date of default definitely is not shown however and I'm at a loss as to how to get this corrected as Marbles simply state they don't now hold any records. I don't understand how Marbles cant verify the date the account went into default and very much doubt if the DCA will ever correct the entry as I'm certain they want to exercise some kind of control over the account when my point is that the account should not be on my file at all as it is over 6 years from the default date, or soon will be.

I'm going to challenge Marbles to justify their initial very poor response but if you or anyone else has any other ideas about this I'd be very grateful!!

Thanks again.

sourcrates

scunner wrote: »

I'm going to challenge Marbles to justify their initial very poor response but if you or anyone else has any other ideas about this I'd be very grateful!!

Thanks again.

I'd put in a written complaint to marbles, if they refuse to rectify/adjust the entry, then you should complain to the information commissioner who deals with complaints about data protection issues :

https://ico.org.uk

silver145

within your experian account raise a report/problem also as the information on your credit file is incorrect.... E.G you are paying the debt to Cap Quest not the other chaps.

Ontop of this state that the default start date XXX does not appear and they should help you from there. Most companies are useless when trying to get information about defaults etc. As when the default is no longer on your credit file, it isnt the company saying "oh, times up, please remove this for Joe Bloggs" its just a 6 year timer from start date to expiry

scunner

Thanks for the suggestions everyone, especially the tip relating to the Information Commissioner which I didn't know about. Will follow up with Marbles, Experian and the ICO.