Hi I'm hoping you can help,

I purchased a sofa on 12 months finance in March 2008 when I was living with my ex,

I only made a few payments then we split,

I moved out & never made another payment.

I have never had any letters from them regarding the debt due to me moving out.

Last week I checked my credit report for the first time as I wanted to make sure everything was correct before applying for a mortgage

& I noticed they had registered a default in August 2010

registered to the address I lived at with my ex so that will be why I never received a default notice.

I'm just wondering if they are allowed to register a default 2 years after I last made a payment,

I'm hoping not & I will be able to get the default date changed as it will then drop off my report.

If anyone has any template letters I can email to them regarding the date being wrong I would be very grateful

Thanks in advance

Hi and welcome to CAG.

IMO, this all depends on your last payment. You mentioned you paid a few and then stopped.

The ICO guidelines did mention that a reasonable time would be 6 months from last missed payment. Would this put you near August 2010? I doubt you will get the default removed.

Hi thanks for your quick response,

The last payment I made would of been in July/August 2008.

I'm just thinking that if they had of put the correct date as 2008 it would of gone off my report last year

but as they have put 2010 it won't come off until next year.

If the ICO states it should be 6 months then does this mean I have a change of getting the correct date put on?

Hi thanks for your quick response,

 

 

The last payment I made would of been in July/August 2008. I'm just thinking that if they had of put the correct date as 2008 it would of gone off my report last year but as they have put 2010 it won't come off until next year. If the ICO states it should be 6 months then does this mean I have a change of getting the correct date put on?

It is VERY VERY rare to get a default changed or removed.

It is VERY VERY rare to get a default changed or removed.

Ok thanks so much for your help. I just thought (or rather, hoped) with it being their mistake they had to change it

if you get all the statements via an sar

then write to them with proof

and ask why it took them that long to register the default

there's no ICO or otherwise guidelines that cover this now.

however it is worthy to note that at that time

there were ICO guidelines in force that stated it should be filed within 3-6mts of your 3rd missed payment.

dx

thank you dx,

That's very helpful, I will get it sent off today

Actually getting a default removed with Creation is fairly easy.

They will often default an account without following the proper procedures such as sending out the default letter etc.

Do a SAR for the notes on their systems.

keep in mind that they use at least 3 systems for finance agreements.

Also, make sure you get a copy of the default letter sent.

These guys do not play by the rules whatsoever so don't assume that they did with you.

Follow it through.

The Senior Manager for that department is ..............

Trust me, their collections department is a mess and the turnover is extremely high.

just be wary they dont HAVE to have sent a DN to mark your file

then post 6

They do if they are defaulting you.

Regular ratings will show if you make your payments on time and if not how late you have been.

These can fluctuate.

A default stays on your credit report for a specific amount of years.

They first need to send you a letter and give you a period of time to make payment.

If you fail to do so THEN they can default you.

Creation will forego this and just default accounts on a regular basis.

a default notice merely gives a creditor 'permission' to register a default when and if they 'want' to.

there is no requirement for a creditor or the owner of a debt to issue a default notice to mark your file.

if thy did/did not issue a DN is no reason to get a default removed.

up tree barking wrong one.

James Jones is Head of Consumer Affairs and here is a response to a letter sent to him:

How can I dispute a default on my report?

Dear James,

Please advise me of the procedure to be followed by a lender issuing a default notice? Secondly,

how can a default notice be disputed?

ehboob, Leicester

Dear Mehboob,

A default notice is a communication a lender should send to a borrower before defaulting a credit agreement regulated by the Consumer Credit Act (CCA).

It warns the borrower that:

1. a default will occur unless remedial action is taken within a specific period of time; and

2. a record of the default will be registered on the borrower’s credit report with one or more credit reference agencies.

So the default notice isn’t registered on your credit report,

but a record of the fact that your account has defaulted will be if you haven’t managed to bring the account back into order.

Quite a few organisations that share customer information through the credit reference agencies are not covered by the CCA

so don’t issue default notices at all. Mobile phone agreements are an example.

Usually, though, you should still be told before a default is placed on your credit report and,

if possible, given the opportunity to get your account back into order.

It's important that the information on your credit report is accurate and up to date.

If you disagree with information on your report – whether it has been registered as a default or any other status

– you should raise a dispute with us.

...I'm only trying to help this guy out

. I know that Creation is forced to remove defaults on a regular basis due to their practices.

Hi Dominoes & DX,

Thanks for your info,

I sent an SAR request off a few weeks ago & am just waiting for them to respond.

I've read on a few threads about them not responding to SARs, what do I do if that happens?

If I can just get them to enter the correct date for the default

then it should drop off my credit report as it was more than 6 years ago

should easily be able to do that.

what address did you use

the Canadian square one appears to work well

dx

should easily be able to do that.

 

 

what address did you use

the Canadian square one appears to work well

 

 

dx

I sent to the one on their website, Blenheim Court, Solihull. I know experian got in contact with them for me regarding the date & they told them they won't change it, which is why I sent the SAR. Hopefully they reply so I can get this sorted

If they try to refuse your SAR just contact the Information Commissioners Office. They'll sort them real quick

Hi everyone,

I got my sar back today the default notice date was May 2009

my last payment was Feb 2009.

Does this mean I can get them to change the default date?

The end of the statement shows an AWO payment for the outstanding balance in August 2010, the date they registered the default.

I don't know what this means as I never made that payment.

Does anyone know what this means?

Will it affect my chance of having the default date changed?

What does awo mean

Look in the sar glossary they sent?

Dx

What does awo mean

 

Look in the sar glossary they sent?

 

Dx

There wasn't one in the pack, just statements & a copy of phone call notes. Should they of supplied one?

Am I best just going straight to the ICO now & asking them to look in to it?

Hi everyone,

 

I got my sar back today the default notice date was May 2009

my last payment was Feb 2009.

 

Does this mean I can get them to change the default date?

 

The end of the statement shows an AWO payment for the outstanding balance in August 2010, the date they registered the default.

 

I don't know what this means as I never made that payment.

 

Does anyone know what this means?

 

Will it affect my chance of having the default date changed?

sri hit return too early...

so they defaulted the debt when they sold it on

as awo might be the account being written off against tax and sold on

......