Default date & credit file

lisajoe

Hi all, this is my first time on any forum so I'm not too sure how it all works! I just have a question re defaults and when they should be registered. In 2009/2010 I got into financial trouble for reasons beyond my control, however I ended up on a DMP which was fine all and all kept too and we have since settled the accounts. Nationwide sent me 2 x defaults in March 2010 (one for credit card and one for my current account OD) and as we are now in 2016 I have recently been looking at my credit file. When I looked on the file the credit card default is registered Nov 2010 and the flex account March 2011, which is months after they sent the default to me and the dates on my paperwork are 4th March 2010 and 18th March 2010. When I asked them about this they said they sent me the notice but then as I was on a DMP they didn't register it as I was trying to sort it out, so they then registered it later. In March 2010 my DMP had been running for about 8 months, with no view of the payments changing as my finances were pretty set, but I kept to the DMP arrangement and never missed, decreased or increased a payment until Jan 2012 when I settled up. Nationwide never told me they hadn't registered it and never sent me another notice with a new date on it a year later! But are now refusing to change it. Can they do this? Nov is still 8 months away and the other is March next year, that's a whole year more that this default will stay on my file when by rights they should be gone next month??? Surely they can't issue paperwork and then just change the rules as they see fit?? Any advice would be appreciated peeps! thanks and sorry for rambling on!

MuddyFunster

I went through something simular recently - creditors are required to lodge defaults in a timly manner - ICO Technical Guidance on defaults states that defaults should be recorded no more than 6 months after the cause of action say in the case after 3 missed contractual payments.

I would argue they should have lodged the defaults no later than Sept 10. By lodging the later one in March 2011 they've waited around 18 months from when things broke down?

fermi

Info on timescales for default here --> https://forums.moneysavingexpert.com/discussion/3172602