Selling on a debt

Willing2Learn

@OP

Please confirm:
Did the original creditor default the account at any point?
Did the original creditor report the account on your credit files?

Heno111

No to both as far as I am aware.

Willing2Learn

If the original creditor didn’t report to a credit reference agency at all (this is unusual) then the debt collector should apply the same ICO rule that the original creditor would have used (had they reported to a CRA).


The ICO guidance says a default should be recorded "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"

In other words, if the original creditor did not report the account to any CRA, then the DCA should refer to the ICO guidance when recording the account as being defaulted. (ie the default should be backdated back to when the account was 3-6 months in arrears.) I hope that makes sense to you.

The thing is though, is that the ICO guidance is only guidance. A DCA is not compelled to comply, however they do have to have due regard to the guidance.

All of the above is just my interpretation of the rules and guidance. I am not a debt counsellor, and therefore cannot guarantee my interpretation is correct.

DE_612183

I'm surprised the CC company sold the debt on to a DCA if the debt has not been reported as a default...

You state in an earlier post:
"The reason I asked this is because I went through the same process with the same firm 3years ago and that fault on my file ends in December."

When you say "same firm" are you talking about the CC company or the DCA?
And if it's the DCA does it relate to a different debt?

[Deleted User]

None of this makes any sense

I think OP is getting confused as to what is being asked of them to provide

Heno111

I have looked again at my file and the debt is registered with Experian and Transunion but not with Equifax.
I think I need to speak to someone face to face as I am really confused with dates and times etc.
who would be the best people to talk to ?

DE_612183

Heno111 wrote: »

I have looked again at my file and the debt is registered with Experian and Transunion but not with Equifax.
I think I need to speak to someone face to face as I am really confused with dates and times etc.
who would be the best people to talk to ?

Which debt - are we talking about the Credit Card debt - if so when did that appear as a default on your credit file ?

sourcrates

Just because a debt is old, don’t assume they cannot default you for non payment.
What we need to know is did this account default previously ?

If it did, you need to send a subject access request to the original creditor to obtain proof the debt defaulted.

Then send that along with a written complaint, to the collection company to get the default removed.

If it didn’t default previously, then the default has probably been applied correctly, but should they pester you for payment, write and tell them no credit agreement exists for this account and is therefore unenforceable.