Landmark unsecured loan

bunny73

Hello there, does anyone have any advice to help me with the following? I’m not getting very far trying to do this myself. I went into a dmp in 2013 and one of my creditors is recording missed and late payments on the loan, I have kept up with all agreed payments. They did not add a default to the account at any point. I have made a complaint and received a final response letter which asked me to give more information, and now they will not return my calls and have added another missed payment to my equifax report. Is there a right way to word a complaint to see if there is any way I can ask for the missed or late payment information to be taken off the credit report? 

Thanks in advance 

[Deleted User]

If they were asking for more information, then it can't have been a final response.

Provide the information, get to a final response and then escalate to FOS and ICO if appropriate.

bunny73

Thank you for that. I gave them the information three weeks ago and have heard and received nothing. It is contradictory but the letter did say it was the final response, so can I just go to the ombudsman now?

sourcrates

bunny73 said:

 I’m not getting very far trying to do this myself. I went into a dmp in 2013 and one of my creditors is recording missed and late payments on the loan, I have kept up with all agreed payments.

Hi,

You have no complaint here, your file is being marked correctly.

You said it yourself, you went into a DMP in 2013.

The payments on your DMP will be lower than the contracted repayments you originally agreed to make.

Therefore your account is deficiant by the difference between the two amounts every month, hence your payments are late/missed.

Makes no difference if the DMP payments are up to date, the original contracted repayments are not, as a DMP is an informal agreement, your conduct with your contracted repayments is what is reported to the credit reference agencies.

Do you understand what i mean ?

bunny73

Thank you. I think I understand what you mean, but when I went into the agreement I understood that my credit rating would be affected for six years. The other creditors have not managed their accounts in the same way so I thought they were in error.
Is there any way I can request that these are not recorded though, because if the account had been defaulted in 2013, these would not be applied and my rating would no longer be affected by the debt. Is that a possibility? 

sourcrates

Yes, you can make the argument that your account should have been defaulted after between 3/6 missed contractural repayments, as per FCA guidence.

After default, accounts are treated differently, this one is been reported as such because it didn`t default.

Write and complain that you are being treated unfairly, as you are repaying your debts but your credit file will be affected for longer than someone who has made no attempt to pay there debts at all.

Ask them to default you, and backdate it to when you first got into trouble.

bunny73

sourcrates said:

Yes, you can make the argument that your account should have been defaulted after between 3/6 missed contractural repayments, as per FCA guidence.

After default, accounts are treated differently, this one is been reported as such because it didn`t default.

Write and complain that you are being treated unfairly, as you are repaying your debts but your credit file will be affected for longer than someone who has made no attempt to pay there debts at all.

Ask them to default you, and backdate it to when you first got into trouble.

Thank you, that’s what I will do.