old credit reports - default date moved

windtech

Hi,
Does anybody know if there any way to get hold of old credit reports from say 18 months ago?
I am sure a creditor has moved the default date but I cant prove it as I dont have a default letter.

National_Debtline

Hi windtech and welcome to MSE,


You wouldn't be able to get an old credit report I am afraid, you credit report will be updated regularly and you will only be able to get the present report. That will show information from the last 6 years.


Please be aware that a default notice sent in the post and the default recorded on your credit file don't necessarily match. It can be confusing because they are both referred to as a default notice, but the one sent by post is a requirement by the creditor before court action. And the one on your file is recorded when the creditor feels the 'relationship has broken down'.


The Information Commissioners Guidance does state that in most cases a default should be recorded on your file within 3-6months of the payments falling behind. If the default seems to be recorded incorrectly you could complain to try and get the date moved. Good luck,


Laura
@natdebtline

windtech

Hi Laura,

Thanks for your reply.

I was in a DMP for 7 years, the default was from a overdraft which never went over the agreed overdraft limit ( £300) until 3 years after starting the DMP. The only reason I went over the overdraft limit was because they never frozen the interest rates which I know that they are not obliged to do. I was the in arrears status 6 for the next 4 years.
In the last 18 months my income has considerably increased and last year i managed to pay off the remainder of the DMP by increasing my payments to all crditors but this creditor put the account into default just before I was about to go back into my agreed overdraft limit.
Can I complain about this situation?

thanks again

National_Debtline

Hello again,


You are able to complain, but it is going to be at their discretion whether to move the default date. If the account was still active during your DMP that confuses matters further. Normally the bank would recall the overdraft and then you would make payments through your DMP, but if that didn't happen then it will likely fall to an interpretation of the guidelines, which state: -




“A debt management programme (DMP) is when a third party debt adviser negotiates a repayment schedule for all or a number of a consumer’s credit agreements. If the plan is accepted by the lender, the record filed at the credit reference agencies must reflect that the consumer is on a DMP. For such accounts arrears may continue to be calculated in accordance with the contracted terms, but the account marked as under a DMP.”


“As a general guide, this may occur when you are 3 months in arrears, and normally by the
time you are 6 months in arrears. There are exceptions to this which may result in a default being recorded at a later stage, such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit.”


You can complain to the lender and escalate the matter to the Financial Ombudsman Service and copy in the ICO. Good luck,


Laura
@natdebtline

boo_star

Surely a SAR would give the OP all the data the CRA holds on them, which would go back 6 years?

windtech

Thanks for you replys, much appreciated!

I will get a letter drafted up and sent to the lender.

Sorry to be thick but what is a SAR and OP?

DCFC79

windtech wrote: »

Thanks for you replys, much appreciated!

I will get a letter drafted up and sent to the lender.

Sorry to be thick but what is a SAR and OP?

SAR

http://www.consumeractiongroup.co.uk/forum/showthread.php?61189-S.A.R.-request-explanation

OP is you Windtech or original poster.