Help needed, debt on credit file

sarahb7538

Hello,

I will try and explain this as simply as possible so I hope that someone can advise me what my next step will be.

I opened a shop direct account in 2004 this account then converted to a very account at some point. I can't remember the exact date.

The account was managed with no issues until about the end of 2009 when I went into my DMP.

The account was then passed to NDR which I assume was verys in house debt collection agency, as it said very on the back of the correspondence. This was pretty much from the point my DMP went live - around Jan 2010 ish.

In November 2012 Arrow Global took over this account.

Anyway, fast forward to now, I'm coming to the end of my DMP and checking my credit file. A lot of my old debts are due to come off shortly as It is 6 years since I defaulted.

However, there is no shop direct account showing on my credit file, does this mean it has now dropped off ? I know it is either 6 years from its default or 6 years from settlement. I am 99.99% certain that this account was defaulted, and have a default notice dated Jan 2011. (I will post a photo as that's another part of the query)

Only the arrow global account is reporting from November 2012 now. But this is not showing a default date registered at all. Obviously this is still an active account and DMP payments are being made to it, and will remain so until 6 years from settlement date ( which is still a while off) as it currently stands ( e.g not showing a default date).

Am I right in thinking that the fact the shop direct/ very account no longer shows is because it was in fact defaulted and its dropped off, as it was never settled? It doesn't seem like arrow have taken over this entry because it's only reporting the account as open from November 2012 rather than 2004 ( which is the account. Opening date). I am trying to get arrow to amend their details but they are refusing. Am I barking up the wrong tree?

Yes I made mistakes In the past, I was stupid when I was younger. I have learnt a very valuable lesson. But I've very nearly paid back every penny and more that I owed and I don't want this to ruin the rest of my life. I am looking to buy a property in the next two years and if this stays on my file the way it is, that will never happen.

Thanks in advance for your help x

fermi

Arrow make a habit of this.

Do you have a record of the previous default on your credit file?

It's most likely that either very/SD did not actually default it when they should, or that Arrow when taking it over have not recorded the default that should have been there.

What is common is that when taking over a debt the buyer when adding their own entry only shows the history from the point they bought it. So that is likely why their entry starts only 2012.

You need to complain to Arrow formally in writing that:

- They have failed to record the original default from very/SD.
- Regardless, the very fact of the account being in a DMP and then sold to Arrow is a clear indicator of a default under ICO guidelines.
- Arrow falsely recording this as not defaulted is a breach of Data Protection Act as the information is not accurate, and the lack of a default is resulting in the information being process by the CRAs longer than is necessary.
- That unless Arrow either remove the record from all CRAs, or apply a backdate default with a default date greater than 6 years ago, you will be taking Arrow to the FOS as a formal complain, and reporting their breach of the DPA to the ICO.

sarahb7538

Thank you Fermi,

Do you know why the very account would no longer be reporting - do you think this is because, it's dropped off or is it because arrow have taken it over.

Would it be worth trying to get in touch with very myself to see if they can tell me anything?

Thanks again

sourcrates

sarahb7538 wrote: »

Thank you Fermi,

Do you know why the very account would no longer be reporting - do you think this is because, it's dropped off or is it because arrow have taken it over.

Would it be worth trying to get in touch with very myself to see if they can tell me anything?

Thanks again

When accounts are sold on, the new owner takes over responsibility for reporting on your credit file.
That is what Arrow are doing.

Shop direct/very, will not be interested now, they would just refer you to Arrow.

sarahb7538

Thank you

Can you tell me if this is valid, arrow say it's not . It's exactly the same as all the other defaults I received, that were correctly registered. My understanding is that 28 days from of this letter is the default date

fermi

That is a default notice under the consumer credit act, which is legally not the same thing as a warning that a default may be recorded on your credit file.

Both sorts of warning can happen at the same time, but they don't HAVE to.

Saying that, the definition of a default on your credit file is when

"the relationship between you and the creditor has broken down"

you can remind arrow that

- a default notice ending the agreement was issued, which was not remedied
- the debt was passed to a debt collector

are clear indicators according to the ICO that default has occurred and should have been recorded

- and your other creditors correctly applied a default to the credit files

telling Arrow again, that unless they correct the record as previously mentioned, you will be forced to take them to the FOS and report them to the ICO.

sarahb7538

Thanks for clarifying that Fermi. I do also have letters dated earlier than this one that actually say unless payment is made a default will be applied.

They just don't state the bit at the top ( consumer credit act etc).

I'll write to them again, stating what you have advised above and take it from there. Sorry to keep asking questions but I just want to get it sorted. With regard to the date? Should I just ask for a date prior to the start of my DMP ( I.e - 6 years ago.)

fermi

sarahb7538 wrote: »

Thanks for clarifying that Fermi. I do also have letters dated earlier than this one that actually say unless payment is made a default will be applied.

Those are better evidence than the Consumer Credit one, because the they specific to the default on your credit file.

How long ago where the rest of the defaults on other accounts?

I would go with the dates on the letters you have, if don't have anything to justify earlier.

Also be very clear with them.

If they refuse, with any excuse, you WILL be taking them to the FOS and ICO.

sarahb7538

My other accounts were defaulted between the end of 2009 and beginning of 2010. They were all just before or after my DMP started. All the others will be off my file by end of February this year.

The earlier stated letters I have for Very are from August 2009 as this is literally when it all started falling apart financially. Either way even if I can get it applied for the date on the letter above, i will be happy with that.

Thanks again

fermi

That sounds OK they.

I have no doubt Arrow will argue and try to avoid doing anything. You need to be firm and persist with the complaint, going to the FOS and ICO if required.

sarahb7538

Thank you fermi.

One last question and then I will stop asking (promise!)

This is the other letter that I have kept on file. This is dated August 2009.

This one states that they will register a default - the account was never settled and the DMP was not set up until the end of 2009 so a repayment arrangement was never agreed in the time frame of seven days either.

Do yo think this letter is enough? Thanks again for all your help, I really do appreciate it