When does late payments turn into defaults

selbailey

Hi everyone

Just after some advice - I defaulted on some creditors during a tough break up 6 years ago most of he accounts that defaulted have now dropped off my credit report but one unpaid debt hasn't (I was in dispute with them)

I havnt had any contact from them in 6 years.. Although on my credit report it still shows '6 months late payments' to this date! Should they not have defaulted this at any point?

Thanks in advance

Ben8282

Please state accurately the date that the last payment was made to each account. Please also state if you have acknowledged any of these debts or been in contact with anybody about these debts subsequent to the dates of the last payments. This information is essential in order to give any meaningful advice.

selbailey

March 2010 and no contact with them atall since last payment date. A few others have just dropped off my credit report which have gone to default on March 2010 and it's stopped at that date with a default ... The one I am asking about is they havnt defaulted just put late payment which they are still updating every month now even though no contact and no payment been made - I thought it would have gone to default otherwise it will never fall off my report?

fermi

Yes, they should have defaulted it.

See: https://forums.moneysavingexpert.com/discussion/3172602

You can complain if you wish stating that:

- the 6 months in arrears is inaccurate under ICO guidelines and the Date Protection Act (DPA)
- as per ICO guidelines this should have been recorded as a default in 201x.
- ICO have clearly stated that "A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default"
- That unless they backdate the default to the correct date, or remove the record entirely from the CRAs, you will be reporting their breach of DPA/guidelines to the ICO, and will be taking the matter to the FOS/ombudsman, and will be seeking redress.

selbailey

Thankyou so much - Do I go through the CRA to complain or the actual credit lender - I don't want to make contact with them seen as they havnt with me in 6 years!

fermi

You can do it via the CRAs.

However, if they reply to the CRAs that it's correct, you may be left with having to do it yourself.

FOS may also agree to write on your behalf if you contact them

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

If you’d like us to contact them for you, just get in touch.

selbailey

Sorry to jump back on this thread 2 years later - so I spoke to the creditor and advised all of the above and they would default it.. I waited the 28 days for the default to go on and it to drop off my credit report as over 6 years ago.. this happened then last month it was re added as a late payment again for the last 2 months!! Can they do this?? Surely they can’t keep just adding it back onto my credit report from 8 years ago? No contact? And they obviously had to have defaulted for it to have fallen off previously?? Please help what do I do next? any help would be brill xx

[Deleted User]

It happens sometimes.

Phone again and complain

selbailey

Thanks I’m going to ring the credit agency first because I’m assuming they would have had notice of the default previously to have removed it so hoping it can be sorted pretty quick as we have a mortgage going through ������

Candyapple

selbailey wrote: »

Thanks I’m going to ring the credit agency first because I’m assuming they would have had notice of the default previously to have removed it so hoping it can be sorted pretty quick as we have a mortgage going through ������

You need a specialist solicitor ASAP who will deal with this, don't bother trying to resolve it yourself as it can take months for the credit reference agencies to update their records. Remember that they will need to contact the company and ask them what is going on, they'll need to wait for the company to respond to this request, then convey that same info back to you. If this affects your mortgage application and you are declined/the rate you are given is much higher than quoted, you would be in line for compensation also.

sourcrates

Contact the ICO.

They deal with complaints about personal data :

https://ico.org.uk

A solicitor will cost you £1000’s, the ICO,is free to use.