Hi, i hope this is in the right place.. i guess it is a general debt issue?

I'm currently dealing with a company regarding a default on my credit file where i'm 99% sure the date is wrong.

I've contacted them about this to try and get it corrected but just keep getting pushed back. Is there a "best practice" solution to resolve this?

Info on the default:

It was for a telephone contract that i ended whilst i was still within the contract period. I am not disputing the default / debt and i have settled it but i have a few other defaults all settled which are due to drop off my file this year (as i received them all around the same time when i got into financial difficulties). This is what makes me 99% sure that this one should also be around the same time - however this one has been added 2 years later.

On my credit file the information on the default says "account opened with a balance of £163 on Jan 2011" and "Account defaulted with a balance of £163 in March 2013"

My arguments were:

a) A mobile phone provider doesnt provide a credit facility so the account cant be opened with a balance as you dont strictly borrow anything from them as you're paying for a service.

b) even if that were the case, it claims the account was opened in Jan 2011 with a balance of 163 but the balance of the default is exactly the same 2 years later. My argument here was 2 years of non payment would not have gone unnoticed.

I also referenced the ICO where it says a default should be added to your file between 3-6 months of non payments.

After all this i still got push back as they claimed the mobile phone provider told them i opened the account with them in Jan 2011. I asked for the contract where it states this as i disagree and i was told they "do not supply contracts when an account is opened" - however surely the contract i signed to open my account would be it?

Lastly they stated:

"We purchased the account for £163.16, and a default had been registered by the original creditor before the sale of the account."

However the default on my file is from them? Not the original creditor? Or would the default on the file just change name when the debt is sold on?

Any help is appreciated on this!

Should be easy but may take time.

Get written confirmation from phone company of the default date.

Send a copy of this to the Data Protection compliance officer of the company who registered the default on your credit record. Ask them to correct the credit record entry and confirm in writing. Warn them that failure to correct the record will result in a compliant to the ICO.

If they don't correct, make a complaint to the ICO.

Just to answer your question. Any debt company that takes over a debt can register a default, if it was not on your record previously, but the data must be correct.

Hi

In addition to the advice given, the Information Commissioner originally said that defaults should be placed as soon as possible and certainly within 6 month however, they have omitted that sentence in newer guidelines.

I don't feel that negates a creditor from placing a default when they want. If they did that, they could wait as long as 5 years 11 months and then place the default, meaning a punishment of nearly 12 years.

It is usually the case that a creditor can only place the default however it depends on the terms and conditions you signed up to. In general, most debt collection companies only change the name of the creditor to their own but the date remains the same.

You could add a notice of correction next to the offending entry (up to 200 words) to give your opinion.

a DCA cannot enter a default!!

it would have been the OC that did it upon sale

no good talking to the DCA ata ll

just gives them a feeling of grandure.

whos the original phone company please

Thanks for the replies all. Helpful information.

@dx100uk - the original phone company at the time was Orange. There is no Orange default on my file, only the DCA.

there wont be

when a debt is sold the debt buyers name replaces the OC

so orange defaulted it before sale..

they are your target.

you said in post 1

On my credit file the information on the default says "account opened with a balance of £163 on Jan 2011" and "Account defaulted with a balance of £163 in March 2013"

so how can there now be no default?

I'm not sure i follow. Forgive me if i have interpreted your post incorrectly-

Orange should be my target to query this even though on my file the default name is not against them but they would have been the ones to originally add it? So if they amend does that mean the DCA default amends? Or would i then have to go to the DCA and show any outcome provided by Orange?

no the debt buyer inherits the file and its history

all that happens is their name replaces that of the OC.

orange are your target they defaulted the file and recorded the data.

a debt buyer cannot default a credit file

Ahh ok perfect thanks.

This is the other weird thing then - you say they inherit the history and recorded data etc. but the ONLY information against this account is:

Opening balance 163 (Jan 11)

Default balance 163 (March 13)

Account end date June 2014

In terms of payment history and everything else the only entry on there then is May 2015 where it says "Account is in default". Nothing prior to this.

I have looked on both Noddle and Credit Report (Who now use same information as Equifax)

Stranger again its dropped off my file using Credit Report but not Noddle...

this is what dca's do

they remove all the data

so you don't have a clue whats going on

then they issue a claimform hoping for a default judgement.

id be sending EE an sar

get all the data they hold on you.

then attack them.

mobile phone providers are not immune from being carpeted by the ICO.

but you need the data to get this default placed at the correct date...

Thanks dx

I'll look to get the ball rolling on this

One thing to note is after May 2018, under GDPR SAR will be at no charge, instead of the current £10