When does a Default Actually become a Default??

scunner

I have a case with FOS against a creditor based partly on my claim that, as the credit card account defaulted over 6 years ago, it shouldn't still be recorded on the likes of my Experian account.
However FOS have found that, as it was then the practice of the original creditor not to record accounts as having defaulted until such time as they sold the debt to a third party, rather then at the point at which I defaulted on the credit card agreement, the entry on my Experian file relating to this debt IS still valid as the credit card issuer didn't actually sell the debt until some considerable time after I first defaulted.
Although FOS has upheld other parts of my complaint, the central point of my case (that the entry should not be on my Experian file at all by now) has not been upheld.
Are FOS correct in what they say please?
Thanks.

Ben8282

In my opinion No, they are not correct. There is no connection between defaulting an account and selling it to a third party.

fermi

A debt being sold is one the possible 'indicators' of a default according to previous ICO guidelines. Basically as it's pretty undeniable that at the time they do they, they must consider that the relationship between you and the creditor has 'broken down', which is what a default is meant to represent.

There are other indicators and guidance that say a default may or should be registered sooner though, if for example arrears or time without a agreement reach x months worth.

Read carefully info in this link --> https://forums.moneysavingexpert.com/discussion/3172602

If you think the principles there mean a default should have been registered earlier, quote the relevant part to the FOS.

scunner

Thanks very much both Fermi and Ben 8282. Having read the ICO and SCOR guidance I'm sure sections 1, 2 and in particular section 4 apply in my case, the overall outcome of which would be that the relevant entries should not now be on my Experian record. I'm not going to accept the FOS decision, quoting the relevant parts of the guidance you've made me aware of and may well take the matter up with the ICO as well.

Thanks again!