Credit File: Default date doesn't add up

MrCairney

Hi, about 3 years ago I got my credit history in line so I could start acting like a grown up and apply for a credit card, so back in 2013 my file was clean in the eyes of the usual credit report companies.

Cut to early this year and I received a letter from a debt collecting agency asking about a debt I had back in the early naughties. It was for a Co-op bank overdraft. I got 3 in total over the next few month, and I filed them in the bin, it wasn't on my credit history last time I checked back in 2013 (it had been previously but had since dropped off)

Now my wife and I are looking to get a mortgage and we both did credit check this morning.

Imagine my rage when I saw that the debt had re-appeared on my credit report, but the default date doesn't seem right.

I did make some token payments back in 2010 (£1 a month) So I looked back from my bank statement and clarified that the last time I made a payment towards the debt was 07/07/2010, but the default date for this on my credit report is 10/08/2012 which seems way off. I recall the original date would have been closer to the early 2000's (I didn't know about statue defaults back then, so may have caved at a letter)

So my question is this: This is no doubt going to scupper any mortgage application until I can get this resolved, so i wondered if you could give me any tips on what to do.

I don't have a copy of my previous credit reports which would have shown the original Co-op default date unfortunately. Since the debt has been sold on I'm not sure how I'll be able to dig that up.

Last Payment made: 07/07/2010
Current Default Date: 10/08/2012
Original Creditor: Co-Op bank
DCA: Link Financial Outsourcing Ltd

Thanks in advance for any help you can give me on getting this sorted.

National_Debtline

Hi

According to the ICO guidance a default should be added to a credit file after 6 months of contractual payments being missed. From what you’ve said a default added at the correct time should have dropped off your credit file by now.

Ask the creditor to correct your credit file and if they fail to do so you can complain to the FOS and ICO.

James
@natdebtline

MrCairney

Thanks, should I contact the usual reference agencies too? I checked my file with Experian and Equifax.

Also, are there any template letters I could send?

National_Debtline

Yes, it’s worth raising a dispute with the credit agencies too. I’m afraid I don’t know of any template letters.

James
@natdebtline

MrCairney

Thanks James, I'm sure google will be fruitful.

I have found a letter template that asked the DCA to prove evidence of the legitimacy of their efforts within 21 days. I'll probably start with that.

National_Debtline

MrCairney wrote: »

Thanks, should I contact the usual reference agencies too? I checked my file with Experian and Equifax.

I meant to add that you should also check your Call Credit file too if haven’t already. You can check the information for free on www.noddle.co.uk

James
@natdebtline

MrCairney

Thanks for the tip, it's on there too and there is an option to dispute it, which I have used.

rebecca1982

National_Debtline wrote: »

Hi

According to the ICO guidance a default should be added to a credit file after 6 months of contractual payments being missed. From what you’ve said a default added at the correct time should have dropped off your credit file by now.

Ask the creditor to correct your credit file and if they fail to do so you can complain to the FOS and ICO.

James
@natdebtline

This is the advice! It shouldn't be on there period so complain.

MrCairney

I got what I think might be an automatic reply from noddle stating that defaults stay on there for 6 years etc etc. I replied and said, that I don't think the default date is correct in the first place.

It's really annoying that I chucked all the paperwork relating to this years ago (because it was all sorted!)

It's not possible to get a copy of the original default letter is it? I've gone through my emails but there's nothing in there of use. It was all letters.

National_Debtline

You could make a Subject Access Request (SAR) under the Data Protection Act for any documents they hold on file for you. I’m not sure if the creditor will have kept the default notice for over 6 years though, and they can charge you £10 to comply with the SAR request.

If you still have your 2010 bank statement showing token payments clearly you weren’t making the contractual payments at that point. You must have already defaulted which demonstrates that the 2012 default is incorrect.

James
@natdebtline

MrCairney

Hi all, just a follow up on this.

I wrote a letter asking for proof this was valid with a 21 day deadline. It was sent recorded and was signed for (I have the receipt and screenshot)

Nothing back from the DCA yet, but what happens after the 21 day deadline is up? I'm thinking worse case scenario and they don't respond.