Default date discrepancies

Crystalpalacian1

Hi all

I went on a DMP in Feb 2018 after falling on hard times due to changes to IR35. Long story short, I had 5 credit accounts and 3 of them registered a default in April 2018, 1 in Dec 2018 but a FOS decision made them change it to April 2018.

1 account just didn't register a default at all but rather just late payments. As I'm in the middle of applying for a mortgage, my adviser has asked that I get the late payments marker changed to a default, so I've gone to FOS again. FOS agreed that a default should have been added but suggest from July 2018, this is completely at odds with the 4 other accounts (defaulted April 2018, 1 through FOS itself). I want to apply for the mortgage by June so a default until July isn't ideal. 

Shall I tell the FOS investigator I disagree with the date he suggested or should I write to the creditor separately and ask that they register the default earlier than July 2018 as a goodwill gesture? I don't want to undermine the FOS Investigator but he's suggested 5 months as the threshold (3 - 6 months) but the previous FOS Investigator said 3 months was enough. 

Any advice would be welcomed. Thanks!

sourcrates

The issue is there is no set timeframe to register a default.

FCA guidance states "a default can be registered after between 3/6 missed contractual repayments"

So technically both are correct, but there is nothing stopping you asking the creditor to reconsider the default date and back date if further as a gesture of goodwill.

They are not obliged to do so, it would be at their discretion.

Crystalpalacian1

Thank you, I was thinking that would be the best option, especially as I settled the debt in full half way through the DMP. Shall I draft the letter and ask the FOS Investigator to send it or shall I just inform him of my intention and do it separately to him?

Nasqueron

You need to ask the creditor, the FOS cannot force them to apply what are, legally, just guidelines