Getting a default date moved / removed

BCH_2

Hi all, I'm trying to get my credit file in order, I've got some hangovers from a bad time 2012 - 2016.

One hight street high interest lender put a default marker on my file for the month of July 2016 (date of missed payment) but the default notice letter was sent in Aug 2016. Should the default be recorded on the missed payment date or 28 days after the letter date? Do you think they have broken the rules? Could I can have it removed ?

Context: missed two payments in 2014 in Jan and Feb, and DMP from March 2014. No defaults added for two missed payments. No defaults added within 2014 despite arrears building up. 

The Information Commissioners Office guidance is that:
A default marker is added 3 - 6 months after arrears accrue. - it was added 2 years later in 2016. 
Can be added even if reduced payments plan in place - I was on a DMP which I stopped in June 2016 (I was in a bad place!).
Must be given 28 days notice in writing of anticipated default. - if letter was sent August should default not be recorded Sept if I didn't reply?

I've got an irresponsible lending claim pending which might expunge all the bad stuff anyway but trying to build a case to get the default date moved to 2014 if my irresponsible lending claim doesn't succeed. 

Thank you 

BCH_2

Just to add a bit more which might help with any replies. Make it a bit clearer what I'm on about. 
Option 1:
I propose the default marker should have been added in 2014 during the DMP and after the two missed payments. 
Option 2:
If I can't do that, I could say I didn't receive the default letter (I didn't) or they sent it after the fact.
Option 3:
Win an irresponsible lending claim, get all data removed.
What are my chances with any of these above or are there any more options. 

ldhme

Complain to the original creditors to have them move the default date to DMP start date +6 months. If they refuse then complain to Financial Ombudsman.
I did this with 3 creditors, HSBC said ok and moved them (3 debts), Tesco and Virgin refused and I went through the FOS, they sided with me and made them move them.
I'll be default free in Jan 2021 instead of July 2023 now.
Your main argument is that by entering a DMP it was clear you were breaking your terms and conditions and that by not waiting for them to default first and doing the right thing you are being punished for longer.

BCH_2

ldhme said:

Complain to the original creditors to have them move the default date to DMP start date +6 months. If they refuse then complain to Financial Ombudsman.
I did this with 3 creditors, HSBC said ok and moved them (3 debts), Tesco and Virgin refused and I went through the FOS, they sided with me and made them move them.
I'll be default free in Jan 2021 instead of July 2023 now.
Your main argument is that by entering a DMP it was clear you were breaking your terms and conditions and that by not waiting for them to default first and doing the right thing you are being punished for longer.

Brilliant! This is what I wanted to hear! I have a Vanquis card from the same time with same issue. My original post was about Everyday Loans btw. Hopefully when these two things are sorted my credit file will be sparkling as they'll be moved back to 2014 and be dropped off by now! 
Thank you so much. 

ldhme

Start the process ASAP and be prepared to be very patient, start to finish it took me best part of 12 months to have 5 defaults moved. Remember that if the debts been sold on you still need to complain to the original creditors. Once they move it you then have to raise it with the Debt Collection Agency who owns it and is reporting the default. There are a few threads on here giving more specific advice and how to word your complaint, if I get chance I'll link them, otherwise a search should find them.

ldhme

Here's the last one I posted on, someone has put up an example letter on there. I personally just went through email complaints than written.

https://forums.moneysavingexpert.com/discussion/comment/77465214#Comment_77465214

BCH_2

ldhme said:

Here's the last one I posted on, someone has put up an example letter on there. I personally just went through email complaints than written.

https://forums.moneysavingexpert.com/discussion/comment/77465214#Comment_77465214

Thank you. My letter more or less says this with reference to the ICO and FOS. I've only got two, Everyday Loans which is submitted via Resolver. I put a request for SAR direct to them though this week too.
For Vanquis I've submitted a SAR, should I skip right ahead and send them your template now?
Do you think this will be resolved this side of Christmas? I want to buy a house to take advantage of stamp duty holiday. 

ldhme

BCH_2 said:

ldhme said:

Here's the last one I posted on, someone has put up an example letter on there. I personally just went through email complaints than written.

https://forums.moneysavingexpert.com/discussion/comment/77465214#Comment_77465214

Thank you. My letter more or less says this with reference to the ICO and FOS. I've only got two, Everyday Loans which is submitted via Resolver. I put a request for SAR direct to them though this week too.
For Vanquis I've submitted a SAR, should I skip right ahead and send them your template now?
Do you think this will be resolved this side of Christmas? I want to buy a house to take advantage of stamp duty holiday. 

If Covid wasn't about then maybe, as it stands I'd say no chance unless the original creditors agree to change without ombudsman being involved. Due to the pandemic the FOS are advising it could take up to 4 months to be assigned a case handler.
You can contest the default date while your SAR is ongoing, starting the process now shouldn't harm anything.

papper00

Just wanted to say thanks for the info on this thread. I have one that was added late 2017 despite being on a DMP from July 2014. It's one creditor out of about ten and it's the last default remaining on my file, so I'm looking to get it moved. This is Arrow Global. 

Thanks again.