Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Can a DCA place a default marker on your Credit File even though the original default was made in 2001, stayed on the credit report until 2007 adn thn removed by the CRA?
I defaulted on a loan in 2001 and ended up paying reduced minimum monthly repayments. The company placed a default on my credit file which stayed with me for the 6 years that is industry practice. The default was finally removed in 2007 and in 2008 the debt was sold on to a DCA. I've entered into a repayment agreement with this particular DCA for over 2 years now and yesterday they have placed a default marker on my Credit File. I thought that a default stayed on your Credit File for 6 years until it was settled, written off or defaulted!
You are correct. A Default can only be placed on your Credit File ONCE for any ONE account.
This is industry practice though and unlawful. Lenders will often sell the debt onto the new debt collector and fail to tell them that the debt has been defaulted.
You should contact the CRA's as well as the new Debt Collector and tell them it is an unlawful Default as you have already been defaulted on this account.
The CRA's have no defence if they know it is the same account. Tell them that this default on your Credit File relates to a previous default which has been removed from your Credit File after a 6 year period and cannot be legally placed on your credit file again.
You can make a complaint to the Information Comissionner's Office. Give them the details and dates of the previous lender and default, copies of Credit Report from before the Defualt was removed and one after it was removed (either before or after the DCA placed theirs on it). This will be sufficient to prove your case.
You can make the DCA know that their Consumer Credit Licence may be at Stake and tell them that you are informing the DCA and the CRA's of their unlawful Act.
When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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Default!
place a default marker on your Credit File even though the original default was made in 2001, stayed on the credit report until 2007 adn thn removed by the CRA?
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