Trying to get Egg to default after 5 years

gabymum

Hello

My husband and I have been on a DMP for five years. We haven't missed a payment and have also made sure all our current bills (mortgage, utilities etc) are all up to date.

We have paid off over £30,000 and have just over £20,000 left. We are looking to remortgage as we are on the SVR and we want to shorten the mortgage term back down (we extended it when I was made redundant).

We have checked credit reports which should be almost identical but whilst mine is saying "fair" with defaults showing from 2011 and 2012, my husband's is showing as very poor. This is because one of the debts on the DMP (currently with IDEM but originally with Egg) was never defaulted so it is showing as an active delinquent account. Idem tell me that we never missed any payments, they were just significantly reduced and Egg had a policy not to default unless payments were missed for 6 months. We did miss some payments but probably not six.

I'm not trying to stop paying, I just want someone to tell me if anyone can actually default the loan and back date it to 2012? Idem don't seem sure because Egg don't exist anymore

Can anyone advise?

Thank you

sourcrates

Hi,

Unfortunately it does not matter what eggs policy was, your agreement is governed by the consumer credit act, therefore your account should of been defaulted after 3/6 missed contractual payments.

Makes no difference that you never missed a payment, you stopped paying the contracted payment, that's what matters.

You should write to IDEM and complain, although they were not the original creditor, the assumption now is that they inherited all rights and obligations therefore it's up to them to sort this out for you, especially as the OC no longer exists.

If no joy, the ICO would be the next step.

gabymum

Hi

Thank you Sourcrates

I've spoken to Idem and they refuse to back down on this. Told me to go to the ICO if I still wasn't happy. I've contacted them through livechat and they say it isn't them either and I need to to the FCA. Should I be making the complaint to the Financial Services Ombudsman now?

National_Debtline

Hi gabymum,


If Idem have given you their final response on the matter, and you are unhappy with it then you can escalate it to the Financial Ombudsman Service (unfortunately the FCA won't get involved in an individual complaint).


You can also send a copy of the complaint to the ICO (despite what their live chat has said). The ICO regulates the credit references but they can only amend/ remove incorrect data - if it is correct it won't be changed I am afraid. Good luck,


Laura
@natdebtline