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  • FIRST POST
    • mattk1uk
    • By mattk1uk 10th Mar 18, 4:52 PM
    • 41Posts
    • 3Thanks
    mattk1uk
    Disputing an incorrect default - who to contact?
    • #1
    • 10th Mar 18, 4:52 PM
    Disputing an incorrect default - who to contact? 10th Mar 18 at 4:52 PM
    Hi everyone,

    There is a default on my credit reports (Experian, Equifax and Callcredit) which is incorrectly dated 24/03/2015 when it should be 12/06/2013, nearly two years late.

    The original debt was with a Tesco credit card which was then sold on to Cabot Financial and I have been in touch with all three credit reference agencies to dispute the date. However, the credit reference agencies have all replied to me saying they have investigated my dispute with Cabot Financial and they say it is correct.

    I have now found the original default letter from Tesco so I have proof that it is incorrectly recorded, but who should I contact about getting it corrected, Tesco or Cabot Financial?

    The main reason Im asking for advice on here is that Im worried if I contact Cabot then I will be seen as acknowledging the debt.

    (I know some people will say I should pay the debt back but that is another story concerning an ex fianc! which I wont bore people with the details of).

    Thanks for any help here, I will be very grateful.
Page 1
    • T-G-C
    • By T-G-C 10th Mar 18, 5:08 PM
    • 185 Posts
    • 75 Thanks
    T-G-C
    • #2
    • 10th Mar 18, 5:08 PM
    • #2
    • 10th Mar 18, 5:08 PM
    I can see the concern surrounding the date, assuming you are counting down to mark expiration, but I cannot see how they have reported a default on the wrong date - especially the day, month and year.

    Are you sure it wasn't an oversight? Did you accumulate another default after the first one in 2013? As it was a while ago, perhaps it wasn't noticed?

    If the CRA investigated the dispute and the provider, who is in charge of that mark, has declined to remove it and confirmed its valid, there is little room to budge.

    The CRA themselves do not have permission to remove it directly, as this would breach neutrality on their part, however if the provider agrees to investigate further and finds a fault, it will be rectified accordingly.

    If someone else here has had the same experience, perhaps their advice would be more helpful, however this has never happened to me and seems like a rare occurrence, if their fault.
    All advice provided is intended for guidance purposes only. For specialized debt advice, please contact either National Debtline or StepChange.
    • sourcrates
    • By sourcrates 10th Mar 18, 6:20 PM
    • 14,368 Posts
    • 13,553 Thanks
    sourcrates
    • #3
    • 10th Mar 18, 6:20 PM
    • #3
    • 10th Mar 18, 6:20 PM
    Debts only default once.

    The situation can easily be rectified by complaining to the original creditor, who registered the default in the first place, enclosing a copy of the default letter.

    That would probably be sufficient, but you always have the ICO to fall back on.

    Your problem is all of this would most likely, result in you acknowledging the debt, its catch 22, you would have to word your letter very carefully.

    Your best bet is to use the phone instead, to sort this matter out, as only written acknowledgment counts
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • SnowTiger
    • By SnowTiger 10th Mar 18, 6:41 PM
    • 3,301 Posts
    • 2,275 Thanks
    SnowTiger
    • #4
    • 10th Mar 18, 6:41 PM
    • #4
    • 10th Mar 18, 6:41 PM
    There is a default on my credit reports (Experian, Equifax and Callcredit) which is incorrectly dated 24/03/2015 when it should be 12/06/2013, nearly two years late.

    [...]

    The main reason Im asking for advice on here is that Im worried if I contact Cabot then I will be seen as acknowledging the debt.
    Originally posted by mattk1uk
    Wait until it's statute barred, which may be sooner than June 2019. When was your last payment to the account?
    • mattk1uk
    • By mattk1uk 10th Mar 18, 7:12 PM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    • #5
    • 10th Mar 18, 7:12 PM
    • #5
    • 10th Mar 18, 7:12 PM
    Hi T-G-C, many thanks for your reply, definitely didn't accumulate another default after the first one. I've gone over everything with a fine tooth comb

    Sourcrates, thank you also for your reply. It really is a catch-22 isn't it, I couldn't come to a conclusion myself so I thought it best to get other people's opinions. The last thing I want to do is acknowledge the debt and the clock start all over again :-/

    Snowtiger, thank you also for your reply The last payment to the account was 04/09/2012 so the first late payment was 08/10/2012. Is it six years after this date that it becomes statute barred?
    • Thrugelmir
    • By Thrugelmir 10th Mar 18, 7:20 PM
    • 58,979 Posts
    • 52,304 Thanks
    Thrugelmir
    • #6
    • 10th Mar 18, 7:20 PM
    • #6
    • 10th Mar 18, 7:20 PM
    Has the Debt Collection agency lost contact with you?
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • mattk1uk
    • By mattk1uk 10th Mar 18, 7:28 PM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    • #7
    • 10th Mar 18, 7:28 PM
    • #7
    • 10th Mar 18, 7:28 PM
    Hi Thrugelmir, they didn't try to contact me for a long time then out of the blue started sending me letters again and calling my phone :-/
    • mattk1uk
    • By mattk1uk 11th Mar 18, 8:43 AM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    • #8
    • 11th Mar 18, 8:43 AM
    • #8
    • 11th Mar 18, 8:43 AM
    Something just come to me, about 6 months ago the Cabot Financial letter that arrived out of the blue took me by surprise so I emailed them to ask where the debt came from. They then sent another letter telling me the original lender was Tesco, worried now that this may already be considered me acknowledging the debt?
    • redpete
    • By redpete 11th Mar 18, 9:40 PM
    • 4,257 Posts
    • 3,785 Thanks
    redpete
    • #9
    • 11th Mar 18, 9:40 PM
    • #9
    • 11th Mar 18, 9:40 PM
    Something just come to me, about 6 months ago the Cabot Financial letter that arrived out of the blue took me by surprise so I emailed them to ask where the debt came from. They then sent another letter telling me the original lender was Tesco, worried now that this may already be considered me acknowledging the debt?
    Originally posted by mattk1uk
    If all you did was to ask what the debt is then it won't count as acknowledging the debt.
    loose does not rhyme with choose but lose does and is the word you meant to write.
    • mattk1uk
    • By mattk1uk 12th Mar 18, 11:57 AM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    Thank you redpete, I was worried about that email :-)
    • Dandytf
    • By Dandytf 12th Mar 18, 1:14 PM
    • 1,283 Posts
    • 411 Thanks
    Dandytf
    Hi everyone,

    There is a default on my credit reports (Experian, Equifax and Callcredit) which is incorrectly dated 24/03/2015 when it should be 12/06/2013, nearly two years late.

    The original debt was with a Tesco credit card which was then sold on to Cabot Financial and I have been in touch with all three credit reference agencies to dispute the date. However, the credit reference agencies have all replied to me saying they have investigated my dispute with Cabot Financial and they say it is correct.


    I have now found the original default letter from Tesco so I have proof that it is incorrectly recorded, but who should I contact about getting it corrected, Tesco or Cabot Financial?

    The main reason I!!!8217;m asking for advice on here is that I!!!8217;m worried if I contact Cabot then I will be seen as acknowledging the debt.

    (I know some people will say I should pay the debt back but that is another story concerning an ex fianc! which I won!!!8217;t bore people with the details of).

    Thanks for any help here, I will be very grateful.
    Originally posted by mattk1uk
    Anyone of the CRA!!!8217;s should be able to start helping.
    Only genuine example I had logged was with co op and link-though with change my file help it was soon established that I only have one default not the two different dates I had been viewing. change my file started by providing contact details for both involved parties and 1 written letter and a call or 2 from me.
    As I mentioned try using one CRA -be it changemy file or noodle or ClearScore or Experian and report what info you have and it should help you being establishing if the default is corrrect or not
    Last edited by Dandytf; 12-03-2018 at 10:02 PM.
    sc dmp 2012 13k
    Jan 2018 8840 paid. 60% approx.
    • mattk1uk
    • By mattk1uk 12th Mar 18, 9:53 PM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    Hi Dandytf,

    I am very grateful for your reply :-)

    I have taken your advice and messaged again to Equifax and submitted proof of the correct default date. I will await their reply and see what they say in terms of getting the date corrected.

    Really do appreciate everyone's input on here :-)
    • Dandytf
    • By Dandytf 12th Mar 18, 10:00 PM
    • 1,283 Posts
    • 411 Thanks
    Dandytf
    Hi Dandytf,

    I am very grateful for your reply :-)

    I have taken your advice and messaged again to Equifax and submitted proof of the correct default date. I will await their reply and see what they say in terms of getting the date corrected.

    Really do appreciate everyone's input on here :-)
    Originally posted by mattk1uk
    Excellent hope Equifax can resolve your default concern-good luck
    sc dmp 2012 13k
    Jan 2018 8840 paid. 60% approx.
    • mattk1uk
    • By mattk1uk 20th Mar 18, 11:12 AM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    Hi everyone,

    So I contacted Equifax to dispute the incorrect default dates and sent them scanned copies of the original default notice and date etc.

    Equifax responded to my question today to say they have received a response from Cabot financial with them saying they cannot view the attached documents and for me to phone or email them directly.

    I'm concerned by doing this I will be acknowledging the debt. Should I email Cabot the scanned default notices??

    Thanks again for any tips here
    • BorisThomson
    • By BorisThomson 20th Mar 18, 11:35 AM
    • 1,586 Posts
    • 3,426 Thanks
    BorisThomson
    Any reason why you are not paying what you owe, are you disputing that it is your debt?
    • mattk1uk
    • By mattk1uk 20th Mar 18, 12:01 PM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    Hi BorisThomson,

    The card was used by an ex partner of which I had no idea of the state she left it in. I'm not disputing it, but with the incorrect default date it will stay on my credit report nearly two years longer than it should. That's why I'm trying to correct it but without acknowledging it. Cheers
    • takman
    • By takman 20th Mar 18, 12:10 PM
    • 3,399 Posts
    • 2,998 Thanks
    takman
    Hi BorisThomson,

    The card was used by an ex partner of which I had no idea of the state she left it in. I'm not disputing it, but with the incorrect default date it will stay on my credit report nearly two years longer than it should. That's why I'm trying to correct it but without acknowledging it. Cheers
    Originally posted by mattk1uk
    If she used it without permission then you should report it to the police and inform Tesco of the fraudulent use.

    If she used it with your permission then you owe the money and should pay it back. Why should Tesco take the hit due to your poor choice of partner?

    Obviously the default date should be corrected but you have no good reason to try and ignore the debt.
    • mattk1uk
    • By mattk1uk 20th Mar 18, 12:26 PM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    Thanks for your reply takman, I am choosing to ignore the debt, I've already made my decision. She used the card without my knowledge but I don't want anything more to do with her. Just can't decide whether to continue chasing the default date change or let it expire. Cheers
    • Gary_Dexter
    • By Gary_Dexter 20th Mar 18, 1:17 PM
    • 1,331 Posts
    • 774 Thanks
    Gary_Dexter
    Did she use a card under her name, or was it under your name?
    • mattk1uk
    • By mattk1uk 20th Mar 18, 1:30 PM
    • 41 Posts
    • 3 Thanks
    mattk1uk
    Hi Gary, the card was in her name but it was just an additional card, the actual account was in my name so it come back to bite me not her. Typical hey :-/
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