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  • FIRST POST
    • cluelessnurse
    • By cluelessnurse 9th Nov 19, 2:50 PM
    • 12Posts
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    cluelessnurse
    Marked as settled or removed, which is best?
    • #1
    • 9th Nov 19, 2:50 PM
    Marked as settled or removed, which is best? 9th Nov 19 at 2:50 PM
    Hi. So I've spent a long time sorting out my debts and credit agency records. I finally paid off a log standing debt that was defaulted over 6 years ago this month. The company, a credit union, has been marking my credit file as "arrangement to pay" since I opened a DRO about 4 years ago they have ignored my requests to remove the record . I presume they will now mark it as "settled" but that this info will stay on my report for another 6 years. As the default was longer than 6 years ago, I could complain to the financial ombudsman, but what looks best on my file? Settled or removed completely? Thanks in advance!
Page 1
    • Willing2Learn
    • By Willing2Learn 9th Nov 19, 2:55 PM
    • 4,604 Posts
    • 4,163 Thanks
    Willing2Learn
    • #2
    • 9th Nov 19, 2:55 PM
    • #2
    • 9th Nov 19, 2:55 PM
    An account that has been marked as an arrangement to pay (AP) has a negative impact on your credit file when compared to the same account being removed. In other words, it looks better to lenders to have the account removed completely.
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • cluelessnurse
    • By cluelessnurse 9th Nov 19, 5:59 PM
    • 12 Posts
    • 1 Thanks
    cluelessnurse
    • #3
    • 9th Nov 19, 5:59 PM
    • #3
    • 9th Nov 19, 5:59 PM
    Thanks so much Willing2learn for your quick reply. You have helped me before and I have to say the advice I have got from you and this site has been so, so helpful during this whole "tackling my debts" process.

    My last sticking point is Coast finance. I defaulted and got a CCJ in 2009 with Welcome finance and have had various arrangements since then. Coast bought the debt about 2 years ago. I've sent them all the details of the CCJ, so they know that the default date was ages ago but they recently started reporting it as a default on my credit file.

    I'm sure it's to put pressure on me, as it gives them leverage to try to get me to pay more than I can afford. Asking me to send payslips etc.

    I recently sent them another letter asking them to stop reporting this to the credit agencies. Then I got a letter saying that they were going to update my file, removing the default, then another saying they had changed their minds! I made yet another complaint, they kept me waiting for a month and today have come back to say they need more time. How much time does it take for goodness sake??? The facts are clear. I guess this is cause for a FO complaint?

    I'm also worried because a friend complained to the FO, and has not heard anything for ages, apparently they are swamped.

    Any advice? I want to phone them up and give them the facts but I've always been told not to call or they will hound me forever.

    In anticipation for your reply!
    • Gary_Dexter
    • By Gary_Dexter 9th Nov 19, 7:10 PM
    • 6,848 Posts
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    Gary_Dexter
    • #4
    • 9th Nov 19, 7:10 PM
    • #4
    • 9th Nov 19, 7:10 PM
    Why would/should they remove or change the entry?

    The way it’s been reported is factually correct.
    • Willing2Learn
    • By Willing2Learn 9th Nov 19, 9:41 PM
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    Willing2Learn
    • #5
    • 9th Nov 19, 9:41 PM
    • #5
    • 9th Nov 19, 9:41 PM
    Is this a continuation of your other thread from July regarding Coast and Welcome? Or is this a separate matter?
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • cluelessnurse
    • By cluelessnurse 9th Nov 19, 9:41 PM
    • 12 Posts
    • 1 Thanks
    cluelessnurse
    • #6
    • 9th Nov 19, 9:41 PM
    • #6
    • 9th Nov 19, 9:41 PM
    "Garry" , That is the point. It is not factually correct. As the first default was over 6 years ago they should not be reporting it to the credit reference agencies. If you know anything about the credit reference system you would know this. I sense that you are trying to shame me in some way. I have always paid this company to the best of my ability. I have NEVER not paid them. I have always paid what I can afford and will continue to do so until the debt is paid off, whether this is reported to the credit reference agencies or not. Some people would not, but I accept that I accrued that debt and will pay. Your comment is not helpful. I need constructive advice which I hope I will get from other people on this site, not criticism. Kind regards.
    • Gary_Dexter
    • By Gary_Dexter 10th Nov 19, 12:03 AM
    • 6,848 Posts
    • 4,557 Thanks
    Gary_Dexter
    • #7
    • 10th Nov 19, 12:03 AM
    • #7
    • 10th Nov 19, 12:03 AM
    Ask them to backdate the default date to that of the original account then, pre it being sold on to a DCA.
    • Ben8282
    • By Ben8282 10th Nov 19, 2:37 AM
    • 3,942 Posts
    • 2,151 Thanks
    Ben8282
    • #8
    • 10th Nov 19, 2:37 AM
    • #8
    • 10th Nov 19, 2:37 AM
    Is the account actually defaulted or did you enter into an arrangement to pay thereby avoiding a default?
    An account can only be defaulted once and if it was defaulted more than 6 years ago it must be removed.
    However, I am concerned that it may never have been defaulted but instead you entered into an arrangement to pay. If that is the case the account will remain on your credit files for 6 years from when it was settled.
    • cluelessnurse
    • By cluelessnurse 10th Nov 19, 6:14 PM
    • 12 Posts
    • 1 Thanks
    cluelessnurse
    • #9
    • 10th Nov 19, 6:14 PM
    • #9
    • 10th Nov 19, 6:14 PM
    Thank you again for your replies, everyone. I am assuming that if I got a CCJ for this debt in 2009 that I must have defaulted prior to this? Can the court issue a CCJ without the account being in default? I made an arrangement to pay as soon as I got the CCJ. Yes, Willing2 learn, this is the same account that I was seeking support about in my thread from July, they (Coast) are proving tricky to deal with. I am so close to having a clean credit rating but they are making my life difficult! Kind regards.
    • Gary_Dexter
    • By Gary_Dexter 10th Nov 19, 6:33 PM
    • 6,848 Posts
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    Gary_Dexter
    If you entered into an arrangement then the account will show as being in arrangement rather than a default.

    Which is what has happened here, no?
    • Willing2Learn
    • By Willing2Learn 10th Nov 19, 6:37 PM
    • 4,604 Posts
    • 4,163 Thanks
    Willing2Learn
    What happened with the SAR you submitted to Welcome? I am assuming that when you say "I defaulted and got a CCJ in 2009 with Welcome finance", that you now have the evidence to support your assertion? If that is the case, and Coast still insist on recording a fresh default, then I would be complaining to the ICO rather than the FOS, as the complaint is with regard to the accuracy of data recorded on your credit file by Coast...

    The bottom line is that you can only ever have one default recorded on an account...
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • cluelessnurse
    • By cluelessnurse 12th Nov 19, 1:47 PM
    • 12 Posts
    • 1 Thanks
    cluelessnurse
    The account is being reported on as a fresh default (well, from 2017), not arrangement to pay.

    Sorry about the vagueness, I have had a lot on recently. This is the actual timeline of events;

    I have found the letter from Welcome from August this year stating,

    "Our records confirm that the date we originally issued you with a notice of default was 16th Feb 2009.....we incorrectly issued you with a further NOD in May 2017. Please accept our apologies. We have forwarded this information to Coast Finance."

    This is when Coast sent me a letter in September stating that they were going to update my file. Then about 2 weeks later they sent another one stating that they were not and needed more time.

    So on 8/10/2019 I sent a copy of the original letter from Welcome. They wrote back to say they were looking into it, but it would take up to a month.

    They then sent another letter last week saying they need even more time, up to another month!

    This is why I just need advice on how to just get this company to do what they are supposed to do.

    Do I complain to the ICO as you say - if so, who is that and how do I do it? I hate calling companies like this but these letters back and forth are really taking ages. Should I ring them in this case?

    I hope you area able to answer my ongoing queries, Kind regards.
    • Willing2Learn
    • By Willing2Learn 12th Nov 19, 4:18 PM
    • 4,604 Posts
    • 4,163 Thanks
    Willing2Learn
    Hi,

    So you have not made an official written complaint to Coast yet? If not, then this is what you must first do, before you can escalate to the ICO (Information Commissioners Office).


    On that basis, if it were me, I would:
    • Complain to Coast, in writing via Royal Mail.
    • At the top of the letter, use the heading "Formal Complaint"
    • Clearly state that the account was defaulted in February 2009
    • Attach a copy of your supporting evidence from Welcome
    • Clearly state that you want the account and associated default removed from your credit files
    • Give Coast eight weeks to resolve the complaint
    • After 8 weeks, if the matter has not been resolved satisfactorily, then you would escalate to the ICO (in writing again).

    The ICO, very helpfully, have a complaint letter template. See the link below:
    https://ico.org.uk/your-data-matters/your-right-to-get-your-data-corrected/

    If you feel the need to speak to someone at the ICO, for reassurance on how to resolve your complaint, then their 'phone number is 0303 123 1113
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • Gary_Dexter
    • By Gary_Dexter 12th Nov 19, 4:21 PM
    • 6,848 Posts
    • 4,557 Thanks
    Gary_Dexter
    You can't do anything until after 8 weeks has passed from your initial complaint.
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