Hello,

I like to get as much help/guidance as I can as to where I stand legally on this issue.

My default date on a delinquent account was October 2010. In November 2016 I checked my credit file to confirm it had been removed post 6 year anniversary (It had). However when I checked my credit file again in June 2017, I discovered that the same default had been re-registered. The default date had suspiciously changed to September 2011!

I wrote a complaint letter to the creditor, and they basically stated that this was the correct default date, and that they could not find any evidence to support my claim that the default date was October 2010. I actually have a credit report, which supports my claim.

I raised this with the Financial Ombudsman, provided my supporting evidence. The creditor want to make me a small settlement offer, and basically informed the Ombudsman that they did not know why the default had been re-recorded. They will also removed the default, but say it will take 4-6 week!

Legally are they allowed to have re-registered my expired default? Are they breaking the law, such as the Data Protection Act? It seems plain wrong that they can do something like this.

Also, should it take 4-6 week to remove a default that should not have been re-registered in the first place?

Additional info: I've been repaying my debt over a number of years.

Any insight or advice is much appreciated! And thank you in advance.

Welcome to CAG... IF they are wanting to pay a settlement then its a view that they have committed an error.

Have you checked all 3 agencies?

It can take up to that long for it to be removed as if you use a free credit report like Noddle then it will update once every 30 days.

Whos the DCA? Id like to know.... This happened to me recently with Lowell - They then backed down and they gave me £50

No, they are not permitted to simply change the date of default after it has been removed from your credit file and then reregister it!

Was this the original creditor or a Debt Collection Agency?

No, they are not permitted to simply change the date of default after it has been removed from your credit file and then reregister it!

 

 

Was this the original creditor or a Debt Collection Agency?

Thank you for replying to my post. Indeed, this was the original creditor.