Creditor re-registered same expired default

guidanceiskey

Hello all,

I like some help/guidance as to where I stand legally with this issue.

My default date on a delinquent account was October 2010. In November 2016 I checked my credit file to confirm it had been removed post 6 year anniversary (It had). However when I checked my credit file again in June 2017, I discovered that the same default had been re-registered. The default date had suspiciously changed to September 2011!

I wrote a complaint letter to the creditor, and they basically stated that this was the correct default date, and that they could not find any evidence to support my claim that the default date was October 2010. I actually have a credit report, which supports my claim.

I raised this with the Financial Ombudsman, provided my supporting evidence. The creditor want to make me a small settlement offer, and basically informed the Ombudsman that they did not know why the default had been re-recorded. They will also removed the default, but say it will take 4-6 week!

Legally are they allowed to have re-registered my expired default? Are they breaking the law, such as the Data Protection Act? It seems plain wrong that they can do something like this.

Also, should it take 4-6 week to remove a default that should not have been re-registered in the first place?

Any insight or advice is much appreciated!

Thomas_The_Tank_Top

You don't think not paying your debts is a problem then?

But a DCS telling the world you dont, is?

dumpyboy

Thomas_The_Tank_Top wrote: »

You don't think not paying your debts is a problem then?

But a DCS telling the world you dont, is?

The rules say a default stays on your credit report for six years then removed or paid or not, what makes you think it s right for banks to break the rules re register it then take six weeks to remove it, there should be a regulator that's got some guts hit the banks hard for breaking rules

huckster

Reporting inaccurate data breaches the Data Protection Act.

You can sue the creditor for any loss you can prove you have suffered. Other online forums can advise on the process, if you wanted to do this, but it is not a quick process and you must engage in pre action protocols, such as sending letter before claim.

It does not take 4-6 weeks to update a credit record. It can be done within 24 hours if they really wanted to.

Sounds like a Debt Collection Agency trying to obtain payment by causing you hassle.

Send the current debt owners CEO a letter warning them that you may issue a county court claim against them, if they do not remove the incorrect default.

guidanceiskey

Thomas_The_Tank_Top wrote: »

You don't think not paying your debts is a problem then?

But a DCS telling the world you dont, is?

My understanding is that the MSA board is suppose to be a place where users actually help one other by kindly contributing information that is helpful and constructive. Unfortunately your comments are neither, so why bother commenting.

I'm actually repaying my debt thank you very much, so instead of making a jibe why not try re-reading my post. The creditor is in the wrong and should not be able to re-register a default that has been spent. But clearly you don't give a damn about that.