Default Date

Confusedguy123

Have read several articles about the subject of 'correct default dates' I would like to get some further insight as to the pro's and con's of going down this road.
I have a situation where I picked up a credit card default in May 2016, which becomes 6 years old in May 2022. However, after doing some research, it appears that the same account was 6 months in arrears in September 2013, almost 2 and a half years earlier. Had teh default been issued then it woful no longer be on my credit file.
During the period of the default the creditor has written annually confirming the balance outstanding but has taken no further action.
Approximately 2 years ago (following some advice which I'm now not certain I should have actually taken), I wrote to the creditor asking if they could provide the necessary paperwork to support the original lending, which they provided. Given that I have made contact with the creditor the debt will not become Statute-barred at the 6 year anniversary.
Is it worth contacting the creditor in an attempt to get the date changed to September 2013.
I appreciate that they are unlikely to be exceptionally helpful as changing the date would effectively remove the default from my credit file.
However, there is approximately £10,000 still outstanding on this account, would I see a favourable response to my request if I negotiated a date change for a payment against the account?
This default is obviously having a significant impact again my credit rating and I would like to get the matter cleared as early as possible. Given that there may be an opportunity to get it removed immediately (or following some paperwork) I would certainly like to explore the options available.
I would welcome any comments or suggestions about pursuing this.

[Deleted User]

The debt will still become statute barred at the 6 year 'anniversary'.

Assuming the 2013 arrears were more than just a missed payment or two, you could ask them to back date the default.

Confusedguy123

Thanks ZX81. Is there any likelihood that they would do this? I appreciate this is difficult to say one way or the other.

Willing2Learn

Hi confusedguy123 and welcome to the forum

When you write to your creditor, asking them to default your account, backdated to when the account was 3-6 months in arrears, you should quote the applicable guidance.  The guidance says:

If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to show that the relationship has broken down.  
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.

Here is the link to the full guidance, so you can see the detail:
Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies

Confusedguy123

Thanks Willing2Learn. From my limited knowledge this appears to be a significant step forward for me to effectively write off 2 and a half years of the default and have it behind me (subject to the creditor agreeing to the change in the date). Do you know if I'm missing anything obvious or opening a can of worms. 
Do you have any idea how long it may take them the acknowledge and make the change?
Thanks again

Willing2Learn

Firstly, you would not be 'opening a can of worms' by requesting the default be backdated.  You are simply asking that your creditor complies with the guidance.


Sometimes a creditor immediately backdates a default upon request.  Sometimes a creditor does not agree to follow the guidance.  In that instance you could make a written complaint.  If the complaint was not upheld, then you could escalate to the ICO.  That whole process would obviously take a few months...


The thing is, because it is only guidance, your creditor is not obligated to comply.   However, they should have regard to the guidance when making their decision.

Confusedguy123

Thanks again Willing2Learn. Your explanation is first rate and allows someone such as myself who has very little knowledge in this area, feel comfortable with contacting the creditor.
I hope to be able to update you on developments as they happen.
Cheers

Confusedguy123

It's been a longtime since my original post and i have only today received a reply.
The credit card company have responded to my written complaint. They have stated that they have acted correctly in not issuing a default notice at an earlier date (September 2013 when my account was approaching 6 month in arrears) and that my default will remain as May 2022.

Is there any likelihood that escalating the matter to ICO or the Financial Ombudsman Service would bring about a change?

I really need to get the default removed as quickly as possible.

Any help or suggestions would be really appreciated.

funkycredit

Read this - this is what they must follow in order to record an entry with the the CRA's - http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

Confusedguy123

Thanks Funkycredit. In my opinion, having read this, i still believe that the default date should be on or immediately after September 2013 and not May 2016. The credit card company did issue a warning about a default at the four months point and i was unable to make any payments until after the 6 month point. It was shortly after the 6 month point that a payment was made.
I would like to escalate the matter to be reviewed by someone independent. Can you advise if i should contact the Financial Ombudsman or ICO, or both simultaneously?
In the meantime i was intending to place a supporting note on my credit reference file explaining that the default is dated incorrectly and should have been removed from my file in September 2013. Do you feel that this is worthwhile or will it encourage the credit card company to dig their heels in if i have made a public statement of claiming they are incorrect.
Thanks for any advice.

D3xt3r5L4b

Already answered here https://forums.moneysavingexpert.com/discussion/6162864/default-date-how-set-in-stone-is-it#latest