Evening everybody - Happy new year

I do not understand default dates very much but am under the belief an account will be defaulted around 3-6 months after last payment?

I have just received a response from equifax about a dispute I raised because I believed the default date was wrong.

The default on my equifax record from Creation finance is dated 11/2010

- the last payment to them (as confirmed) by their response is Jan 09.

They have said that the information recorded is correct and that the 'charge off date' was 11/10.

Is the charge off date the same as the default date?

Are they allowed to wait 675 days from last payment to default an account?

they have added AP markers up until May 2010 and then started the 6 month count until default.

They have said that if I still dispute I need to send documents so they can investigate?

What documents?

I don't ever remember receiving a default notice

- but by their own admissions they have said that they didn't default until a year and 10 months later.

Can they default so long after last payment?

What should I do next please

Many thanks

is this the Viking one with the CCJ CL Finance got?

dx

Hi DX

No it's not that one, that one is paid and gone.

This is an old Adams store card that was being paid back with token payments since 2006

and put into dispute back in 2009 as they failed to provide any CCA.

The account as far as I remember has never been sold on to a DCA,

the only action since 2006 (when token payments started) has been random fees and interest added:

Statement date 6 August 2007

Interest for Purchase £5X.XX

Statement date 5 September 2007

Interest for Purchase £5X.XX

These two additions put it over limit

Statement date 3 June 2010

Over limit fee £2X.XX

Interest for Purchase £5X.XX

Statement date 5 July 2010

Over limit fee £2X.XX

Default sum fee – Late £2X.XX

Interest for purchase £5X.XX

Statement date 04 August 2010

Over limit fee £2X.XX

Interest for purchase £5X.XX

Statement date 04 September 2010

Over limit fee £2X.XX

These fees only came to light after a SAR, and there was no DN provided.

I have previously written to Creation asking them to explain and remove them but never received an answer.

It was only reading other threads recently that it appears they waited an unreasonably long time before defaulting

so I am trying to get them to change the default date.

Thanks

I'm afraid I don't know the answer to this but am having a similar problem.

Does an appointed DCA have authority to change the original default date when they take the debt over? Even if you haven't paid them anything at all?

no-one can change a defaulted date

let alone a dca

dx

Ah thanks, mine should be statute barred but because they've changed the date I have to wait another 5 months

there is no link between default date and SB date.

as I believe has already been explained to you before on your own thread

opps no it was someone elses thread you hi-jacked

you've not made thread since 2011

dx

^^^^^^^^

 

I have just received a response from equifax about a dispute I raised because I believed the default date was wrong.

 

The default on my equifax record from Creation finance is dated 11/2010

- the last payment to them (as confirmed) by their response is Jan 09.

They have said that the information recorded is correct and that the 'charge off date' was 11/10.

 

Is the charge off date the same as the default date?

 

 

Are they allowed to wait 675 days from last payment to default an account?

 

 

Can they default so long after last payment?

 

What should I do next please

 

Many thanks

Am I able to make a complaint to Creation Finance (and FCA? or ICO?) about the amount of time they took to default this?

the debt became statute barred on Friday,

but will appear on my credit file for another 22 months because they defaulted

1 year and 10 months after last payment?

Thanks guys

you could try the ICO but:

Thanks for that DX, I was just looking on the ICO website for it.

That says that they should default between 3-6 months, as I suspected, but your 'but' above makes me think I'm missing something? (it's late and I'm a bit slow anyway ) Can you let me know if I'm missing a point somewhere please.

I have just been reading through DBYs thread who had the same problem and it seems I am going to have problems getting this corrected.

Thanks for your time DX

there used to be in the old guidelines

that the ICO typically rules in favour of the debtor.

in that 3-6mts is reasonable

outside that

like the infamous AP markers

they were unfair and should be amended

however, that bit has been removed from the new guidelines.

that's the but......

dx

Ahhh, I see. Thanks for pointing it out.

I'll complain to creation first anyway as I'm interested to know why they took so long to default it? I could do with cheering up and I'm sure their Jackonory will do it!!

And if they don't change the date I will make a complaint to the ICO anyway.

Thanks again DX

Hi,

Just wondering if you ever got a reply from Creation as to why they took so long to default you .

I have the same kind of situation,

defaulted on my payments back in 2008

and never heard a peep out of Creation,

they never tried to chase the debt etc but kept marking my credit file as 6 late payments rather than a default,

they did this up to 2014 when the debt should have become statute barred

and the month before they issued me with a defualt which has been on my file ever since (early last year).

I have logged in to Experian this week to check my credit score and it had jumped up by 200 points,

had a look and the default from Creation has disappeared,

just wondered if they have had a case against them and lost meaning they have to amend the late defaulted files ?

This is still ongoing at the moment, but I will update the thread once it's been sorted (or not!!!!)