DMP - Default and Late Payment records on credit file

liver1977

Hi,
I’m looking for some advice, stupidly in 2016-2017 I took out a number of payday short term loans. I entered a DMP with Step change in January 2018, thankfully I am not in a better place and will be debt free in 2023. After looking at my credit file recently I have noticed a particular company is marking my credit file with late payment markers and have been doing so since January 2018. I have requested they place a default on my file from 2018 stating “The OCI advises that as a general guide defaults should be recorded between 3 – 6 months after the arrears were first incurred. All my other creditors have defaulted me within 6 months of entering the DMP which has resulted in the correct entries being on my file for the correct amount of time, namely six years, and I would ask that you consider amending my record and recording a default at the correct time on my file and notifying me of the same.” They have not upheld my complaint stating “at no point there has been three consecutive payments missed for you your account to be defaulted.” Can someone advise please on what options I now have? I would ideally like my credit file to mark as defaulted early 2018.
Best regards

Willing2Learn

Hi,

If it were me, I would make an official complaint to the creditor, in writing via Royal Mail. Make sure the letter is titled 'complaint'.

Within the complaint, you need to say something about you being worse off, when compared to someone who had made no effort to pay, and that it has subsequently had a detrimental impact on your credit file. Still include the bit about where 'the ICO advises that as a general guide defaults should be recorded between 3 – 6 months after the arrears were first incurred.'


If they do not uphold your complaint, then you should escalate the complaint to the ICO.

liver1977

Thank you for your response, if they still do uphold my complaint should I escalate to the ICO or FOS?or both?

Willing2Learn

In the event that your creditor does not uphold the complaint, by recording a default on your credit file, back-dated to when you were 3-6 months in arrears, then you would only need to escalate to the ICO...

There is no 'rule' or legislation that says an account should be defaulted once it is 3-6 months in arrears. There is only guidance, to support your argument. The creditor is not obligated to comply. But they must, however, have due regard to the guidance.

Good luck!