Default Date - How set in stone is it?

Confusedguy123

This is a follow on from a discussion I posted back in February this year when seeking some help and guidance.

The original post is below and edited where necessary to keep it concise:-
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 the default been issued then it would 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.
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.

In March 2020 I wrote to the credit card company and following receipt of 4 letters (each at specific 28 day intervals) saying that the matter was ongoing and being reviewed, today I received their comments.

They have stated that they believe that they acted correctly and did not issue a default in September 2013. They have stated that they issued a default warning and i made some payments that reduced the debt and for this reason the account was kept open and no default was issued. For this reason they maintain that the account was handled correctly by them and that the default date of May 2016 is correct.

Obviously, it was hoped that the default date could have been set back to when the account was around 6 months in arrears in September 2013.

Are there any further steps that i can take to pursue getting the date changed and subsequently remove off my credit file and is there any likelihood that this will be successful.

If anyone could advise me on this it would be greatly appreciated as i'm now lost on how or if i should pursue this matter further.

Cheers

jonesMUFCforever

No. It is their choice when to default an account not you.
Some lenders will have internal collections teams to deal with arrears - they default accounts when   in their opinion they have no chance of getting back their money.

funkycredit

jonesMUFCforever said:

No. It is their choice when to default an account not you.
Some lenders will have internal collections teams to deal with arrears - they default accounts when   in their opinion they have no chance of getting back their money.

No, they must adhere to Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies. 

It's actually pretty strict - do it within 3 months unless they've paid (which extends it) or there's other reasons as explained here - http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

D3xt3r5L4b

If you made payments towards it then there was no reason to default it 

D3xt3r5L4b

funkycredit said:

jonesMUFCforever said:

No. It is their choice when to default an account not you.
Some lenders will have internal collections teams to deal with arrears - they default accounts when   in their opinion they have no chance of getting back their money.

No, they must adhere to Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies. 

It's actually pretty strict - do it within 3 months unless they've paid (which extends it) or there's other reasons as explained here - http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

Part 4 of that document: 4. 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.

OP confirmed they made payments towards the debt. Ergo, no default was applied. 

funkycredit

I'm fully aware but you don't know how frequently any payments made, were. It does not give a lender carte-blanche to withhold applying the correct marker, which is, if 3 successive payments are missed then they'd expect a default to be registered. 

D3xt3r5L4b

funkycredit said:

I'm fully aware but you don't know how frequently any payments made, were. It does not give a lender carte-blanche to withhold applying the correct marker, which is, if 3 successive payments are missed then they'd expect a default to be registered. 

And neither do you know.

They can change the markers to AP markers technically. 

funkycredit

D3xt3r5L4b said:

funkycredit said:

I'm fully aware but you don't know how frequently any payments made, were. It does not give a lender carte-blanche to withhold applying the correct marker, which is, if 3 successive payments are missed then they'd expect a default to be registered. 

And neither do you know.

They can change the markers to AP markers technically. 

The OP said there was a 6 month gap. I do therefore "know"; as would you have had you read the posts the OP made. However, the point remains they can't just add AP markers unless an arrangement was made, which again the OP confirmed was the case - when he went 6 months into arrears. 

jjames1985

funkycredit said:

I'm fully aware but you don't know how frequently any payments made, were. It does not give a lender carte-blanche to withhold applying the correct marker, which is, if 3 successive payments are missed then they'd expect a default to be registered. 

The guidance you've posted really doesn't agree with you though.  It says "may occur when you are three months in arrears" not "will " or "must" so it's clearly a minimum.  Likewise, the 6 months figure they go on to quote is not "must" but "normally."

With the OP being right on the line of this 6 months (which again is not a maximum) when they started making payments I would say not defaulting them is definitely acceptable within that guidance.

funkycredit

Sorry, you're quite incorrect in your assumptions. Maybe investigate it more before being a pedant.  

jjames1985

funkycredit said:

Sorry, you're quite incorrect in your assumptions. Maybe investigate it more before being a pedant.  

I'm reading the guidance you posted.  I'm not assuming anything. It's written in black and white (literally.)