Disputing an incorrect default - who to contact?

edited 30 November -1 at 1:00AM in Credit Cards
26 replies 2.1K views
mattk1ukmattk1uk Forumite
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edited 30 November -1 at 1:00AM in Credit Cards
Hi everyone,

There is a default on my credit reports (Experian, Equifax and Callcredit) which is incorrectly dated 24/03/2015 when it should be 12/06/2013, nearly two years late.

The original debt was with a Tesco credit card which was then sold on to Cabot Financial and I have been in touch with all three credit reference agencies to dispute the date. However, the credit reference agencies have all replied to me saying they have investigated my dispute with Cabot Financial and they say it is correct.

I have now found the original default letter from Tesco so I have proof that it is incorrectly recorded, but who should I contact about getting it corrected, Tesco or Cabot Financial?

The main reason I’m asking for advice on here is that I’m worried if I contact Cabot then I will be seen as acknowledging the debt.

(I know some people will say I should pay the debt back but that is another story concerning an ex fianc! which I won’t bore people with the details of).

Thanks for any help here, I will be very grateful. :)
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Replies

  • T-G-CT-G-C Forumite
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    I can see the concern surrounding the date, assuming you are counting down to mark expiration, but I cannot see how they have reported a default on the wrong date - especially the day, month and year.

    Are you sure it wasn't an oversight? Did you accumulate another default after the first one in 2013? As it was a while ago, perhaps it wasn't noticed?

    If the CRA investigated the dispute and the provider, who is in charge of that mark, has declined to remove it and confirmed its valid, there is little room to budge.

    The CRA themselves do not have permission to remove it directly, as this would breach neutrality on their part, however if the provider agrees to investigate further and finds a fault, it will be rectified accordingly.

    If someone else here has had the same experience, perhaps their advice would be more helpful, however this has never happened to me and seems like a rare occurrence, if their fault.
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  • sourcratessourcrates Forumite, Board Guide
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    Debts only default once.

    The situation can easily be rectified by complaining to the original creditor, who registered the default in the first place, enclosing a copy of the default letter.

    That would probably be sufficient, but you always have the ICO to fall back on.

    Your problem is all of this would most likely, result in you acknowledging the debt, it’s catch 22, you would have to word your letter very carefully.

    Your best bet is to use the phone instead, to sort this matter out, as only written acknowledgment counts
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  • SnowTigerSnowTiger Forumite
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    mattk1uk wrote: »
    There is a default on my credit reports (Experian, Equifax and Callcredit) which is incorrectly dated 24/03/2015 when it should be 12/06/2013, nearly two years late.

    [...]

    The main reason I’m asking for advice on here is that I’m worried if I contact Cabot then I will be seen as acknowledging the debt.

    Wait until it's statute barred, which may be sooner than June 2019. When was your last payment to the account?
  • mattk1ukmattk1uk Forumite
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    Hi T-G-C, many thanks for your reply, definitely didn't accumulate another default after the first one. I've gone over everything with a fine tooth comb :)

    Sourcrates, thank you also for your reply. It really is a catch-22 isn't it, I couldn't come to a conclusion myself so I thought it best to get other people's opinions. The last thing I want to do is acknowledge the debt and the clock start all over again :-/

    Snowtiger, thank you also for your reply :) The last payment to the account was 04/09/2012 so the first late payment was 08/10/2012. Is it six years after this date that it becomes statute barred?
  • ThrugelmirThrugelmir Forumite
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    Has the Debt Collection agency lost contact with you?
    It's not whether you're right or wrong that's important, but how much money you make when you're right and how much you lose when you're wrong." — George Soros
  • mattk1ukmattk1uk Forumite
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    Hi Thrugelmir, they didn't try to contact me for a long time then out of the blue started sending me letters again and calling my phone :-/
  • mattk1ukmattk1uk Forumite
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    Something just come to me, about 6 months ago the Cabot Financial letter that arrived out of the blue took me by surprise so I emailed them to ask where the debt came from. They then sent another letter telling me the original lender was Tesco, worried now that this may already be considered me acknowledging the debt?
  • redpeteredpete Forumite
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    mattk1uk wrote: »
    Something just come to me, about 6 months ago the Cabot Financial letter that arrived out of the blue took me by surprise so I emailed them to ask where the debt came from. They then sent another letter telling me the original lender was Tesco, worried now that this may already be considered me acknowledging the debt?

    If all you did was to ask what the debt is then it won't count as acknowledging the debt.
    loose does not rhyme with choose but lose does and is the word you meant to write.
  • mattk1ukmattk1uk Forumite
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    Thank you redpete, I was worried about that email :-)
  • edited 12 March 2018 at 11:02PM
    DandytfDandytf Forumite
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    edited 12 March 2018 at 11:02PM
    mattk1uk wrote: »
    Hi everyone,

    There is a default on my credit reports (Experian, Equifax and Callcredit) which is incorrectly dated 24/03/2015 when it should be 12/06/2013, nearly two years late.

    The original debt was with a Tesco credit card which was then sold on to Cabot Financial and I have been in touch with all three credit reference agencies to dispute the date. However, the credit reference agencies have all replied to me saying they have investigated my dispute with Cabot Financial and they say it is correct.


    I have now found the original default letter from Tesco so I have proof that it is incorrectly recorded, but who should I contact about getting it corrected, Tesco or Cabot Financial?

    The main reason I!!!8217;m asking for advice on here is that I!!!8217;m worried if I contact Cabot then I will be seen as acknowledging the debt.

    (I know some people will say I should pay the debt back but that is another story concerning an ex fianc! which I won!!!8217;t bore people with the details of).

    Thanks for any help here, I will be very grateful. :)

    Anyone of the CRA!!!8217;s should be able to start helping.
    Only genuine example I had logged was with co op and link-though with change my file help it was soon established that I only have one default not the two different dates I had been viewing. change my file started by providing contact details for both involved parties and 1 written letter and a call or 2 from me.
    As I mentioned try using one CRA -be it changemy file or noodle or ClearScore or Experian and report what info you have and it should help you being establishing if the default is corrrect or not
    Replenished CRA Reports.
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