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Credit file help

patters78
patters78 Posts: 28 Forumite
Eighth Anniversary 10 Posts Combo Breaker
edited 11 March 2016 at 3:12AM in Credit file & ratings
Right quick question

Default logged on file from lloyds tsb overdraft 5.5 years ago.

Since has been sold to dca but my credit file has been the following

Lloyds
Lloyds + dca
Lloyds

Now I didn't think I could have 2 defaults for the same debt and should lloyds take off default as they sold it on?

Help

Comments

  • Ben8282
    Ben8282 Posts: 4,821 Forumite
    1,000 Posts Combo Breaker Newshound!
    You can have only one default for one debt; the original one.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    https://forums.moneysavingexpert.com/discussion/3172602
    CRA Defaults - Recording of defaults relating to debts that have been sold.

    The practice of selling/buying debts is widely used. As long as the information is correctly recorded on a credit file by the lender selling the debt and the lender buying the debt, then two entries relating to one account would not be considered to be a breach of the Data Protection Act provided that:-

    • both recorded entries are shown as being in relation to the same account/debt;
    • the original debt entry should be shown on the credit file as being either ‘settled' or ‘zero' balance and should show that the debt has been ‘re-assigned’;
    • the new DC who shows the debt in their name should maintain the original default date and the correct balances;
    • the retention period for maintaining the information on a credit file should be based on the original default date regardless of who is responsible for the entry/debt.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • patters78
    patters78 Posts: 28 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Thanks

    The original default never was shown as settled or zero
    At one point both original and dca were on my account both with the full default amount
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    The 'default balance' would never be zero or settled, as that is just quite literally the balance of the account at the time of the default, so is a fixed point/fact and can never change.

    Balance or current balance should on the original if sold though, in some way to show the sale.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • patters78
    patters78 Posts: 28 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    Nope no show of sale etc
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Raise a dispute with the original creditor and CRA then.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • patters78
    patters78 Posts: 28 Forumite
    Eighth Anniversary 10 Posts Combo Breaker
    I was also tried to be taken to court for said debt by bw legal/Lowell with my credit file showing 2 defaults of original amount lloyds and lowells

    So lloyds must have sold it on?
This discussion has been closed.
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