Complaint regarding Default Date

welly_59

I had a call back from a customer service manager today stating again their belief that as they didnt report to CRA's until 2015 then they only record all defaults as starting from that date.

I think that is against the spirit of the ICO's advice, so i have asked them to send me a letter of deadlock, which they will send within 10 working days. Once i receive it i will escalate via the ICO

Willing2Learn

Hi welly-59,

Use the ICO guidance referred to in the following linked thread:
https://forums.moneysavingexpert.com/discussion/5598629/punished-for-dmp


It is actually meant to be used by customers who have continued repaying the debt but were never defaulted early on in arrears. So they may argue that it does not apply to you.


Good luck (and happy new year)

welly_59

thank you Willing2Learn, that is exactly the route i am taking. I've also sent off an email to their CEO in the hopes of resolving this without having to escalate to the ICO.

All my debts are repaid, the struggle now is to rebuild some decent history. Ive had 2 defaults removed, and another 3 have fallen off this year. Currently im sitting with 4 defaults remaing, 2 to expire in February 2019, and two from Welsh Water, one of which im hoping to get removed via this process (or at least dated correctly which is in effect the same thing)

BoGoF

Maybe I am missing something but if you now have a CCJ for this debt then does the default date really matter?

welly_59

yes as i still have the default on my credit record, as well as the CCJ. If the default was dated correctly i would only have the CCJ.

The effect is cumulative, actually a default lowers your credit "score" by more than a CCJ

Willing2Learn

When a lender scores you against their independent criteria and policies, I think a CCJ and a Default are probably viewed at equally negatively. Try not to put to much importance on a CRA derived credit score, as a lender neither sees it nor uses it.

welly_59

yeah understood, that's why i put "score" in quotation marks

welly_59

I've received a response this morning from the chief executives office, stating a director will respond within 10 days.

Hopefully I get the response I'm looking for so I don't need to involve the ICO

System

The CCJ trumps the default so even if you get the default removed you're still going to struggle to get decent if any credit because of the CCJ you can do nothing about. In short it isn't worth the time and effort and stress involved trying to get an accurate account of events removed.

welly_59

It's not accurate though, that's one of my points. The default should have been applied at some point in 2011 not 2016