Yep. Fortunately for me, I was able to get a couple of accounts which did issue a default (but delayed) to have their dates set back so this is the only thing adverse info on my CRAs and it will be gone in 18 months. Mortgage broker seems to think it won't be a particular issue give my income and LTV so at least I am not stuck in an undersized house on NRAM SVR

Here is the decision on my complaint to the ICO made in Dec 2013 and issued in Jan 2014 for an account where the DMP started in 2006:

I would see if they will remove the account from all the CRAs too as part of the settlement (can't hurt to ask)

Indeed. I hope someone can use the new European 'right to be forgotten' law to challenge this at some point. Also - if I were in this situation again (or talking to someone who was) I do everything I could to force the hand of all my creditors to issue a default before then coming to an agreement (DMP etc) with them if it was looking unlikely that the situation could be cleared up within 6 years.

The guidance (and it is only that - not law) changed this year and basically as long as the record is 'factual' then they will not uphold a complaint of delayed (or no) default. The FOS agree with them. So now it is likely that adverse information will be visible well beyond 6 years from the time you started having financial difficulties.

I would imagine you can be identified from the link to the new loan documents you included in your last post - may be a good idea to remove that link. Did you actually apply for another loan or is this out of the blue?

The dishonour fee appears to be a default fee and is inline with the generally accepted £12 applied by other organisations. Not sure on what basis the arrangement fee could be reclaimed as it would have presumably formed a clear part of the T&Cs but would be interesting to see if you manage it.

The 6 year rule has nothing to do with whether an account has been settled. It simply means that any account (regardless of whether it is settled or not) will vanish in its entirety from your CRA files on the 6 year anniversary of the default date on that account and will no longer be visible to you or on a CRA credit search. If your default dates on those two accounts are July 2008 then they will be removed this July.

I suspect the devil will be in the detail of exactly what they put in writing that they were agreeing to do as a condition of the mediation.

Sorry if it's not what you want to hear - but it was the ICO's position when I complained to them earlier this year about substantially more late payment markers than you have.

The 6 month concept is outdated since the ICO updated their guidance early this year - so I wouldn't be overly surprised at your default date. They would be argue that they gave you plenty of opportunity to avoid the rather nuclear-level event of a default going onto your CRA files. It will stay there until August 2019

Should that guidance be applied to AP from 2014 onwards or are they trying to imply that it is a retrospective guidance

To clarify: I am referring to a debt that is under an arrangement to pay (effectively a formal or informal DMP style arrangement) so in no way SB.

That was my plan once the ICO get to their final stage and find in MBNAs favour as I anticipate for my complaint.

No worries The link is on the original post as a hyperlink on the word HERE Here is the full URL: http://www.consumeractiongroup.co.uk/forum/showthread.php?383367-Credit-file-default(1-Viewing)-nbsp