Fairmile Partnership added the same default to my credit file

[chrisb333]

I had a debt to Lombard that defaulted January 2001

It dropped off my credit file in 2007 although I am still paying it off through my DPM

 

Imagine my surprise when on checking my credit file, there was the same default with a new name to it-Fairmile Partnership 1 Lip (1)

And a NEW default date 27/11/06

 

I believe these to be the old AIC (Allied International Credit) who I had no end of grief off.

My payments still go to AIC so I'm a bit bewildered as to how this has happened.

 

Anyway, this can't be legal can it?

Surely there can only be one default for a debt?

[accesspwd]

Subbing

 

I dont think there can be more than one default, but if the debt is sold on, then maybe there can be multiples.

 

Look forward to replies

[the_shadow]

I had a debt to Lombard that defaulted January 2001

It dropped off my credit file in 2007 although I am still paying it off through my DPM

 

Imagine my surprise when on checking my credit file, there was the same default with a new name to it-Fairmile Partnership 1 Lip (1)

And a NEW default date 27/11/06

 

I believe these to be the old AIC (Allied International Credit) who I had no end of grief off.

My payments still go to AIC so I'm a bit bewildered as to how this has happened.

 

Anyway, this can't be legal can it?

Surely there can only be one default for a debt?

 

as I understand it a default can only be registered once against an account, it can be taken over by the new owner of the debt but they are not allowed to change the date of the default.

 

I would write to a)current debt owner b)CRA's c)ICO complaining about this.

 

S.

[the_shadow]

Ok found what I was looking for

 

From the ICO leaflet on registering defaults

 

The ‘sale’ or assignment of debts on defaulted accounts

 

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

 

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

 

54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as Zero. The customer should still be told who the debt has been sold or assigned to.

 

Version 3 Defaults: A guidance note

02.08. 2007

 

S.

[chrisb333]

Yes, I see what you are saying. Trouble is, it WAS removed from my file after the 6 years.

Fairmile have re-introduced it under their name.

 

So the CRA will have no record of the original default will they?

So will they be able to do anything about it?

[the_shadow]

Yes, I see what you are saying. Trouble is, it WAS removed from my file after the 6 years.

Fairmile have re-introduced it under their name.

 

So the CRA will have no record of the original default will they?

So will they be able to do anything about it?

 

Stop being so negative ;-)

 

No doubt they keep records/backups and can look at account history for years and years so its worth querying...

 

Plus put the CRA's to proof that the default date is valid, explain and ask that they query from their customer and request proof that the default date is valid.

 

S.

[chrisb333]

OK

I won't be so negative, lol.

 

Thanks for your help

 

I will contact all concerned and let you know the outcome

[chrisb333]

What sort of letter should I send Fairmile?

 

Im thinking one that asks them to provide copy of the default.

 

Do they have to be able to provide one to be on my credit file?

[the_shadow]

What sort of letter should I send Fairmile?

 

Im thinking one that asks them to provide copy of the default.

 

Do they have to be able to provide one to be on my credit file?

Nope, default and default on credit file are different, whilst ICO recommends a notice of intent to file a default is issued I dont think its a statutory requirement.

 

 

Have they(Fairmile) introduced themselves to you at any point? Have you received a notice of assignment from them stating they own the debt? Did you receive notification from AIC that the debt would be sold?

 

I would concentrate on the letter to both the CRA and the ICO for the moment if Fairmile havent contacted you, why poke them into action, let them come to you first.

 

IF Fairmile have been in contact and asked for repayment then send a prove it letter (found in template library, click on blue DCA

 

Just my opinion as ever.

 

S.

[chrisb333]

No, never heard of Fairmile.

They have the same address as AIC so I think it's them.

 

OK, will get letters off to other 2.

 

Thanks again for your advice

[the_shadow]

No, never heard of Fairmile.

They have the same address as AIC so I think it's them.

 

OK, will get letters off to other 2.

 

Thanks again for your advice

 

Ok even if it is AIC disguised they still cant alter the date of the default when it had already come off your record

 

S.

[hacksaw]

Allied International Credit own one third of Fairmile Partnership 1 LLP, i.e. they are one of three partners.

 

Chris, have you had any luck with contacting the CRA's about the default dates? I'm going to do the same soon.

 

Thank you very much.

 

hacksaw

[angry cat]

Report them to the Regulatory Risk Department at the ICO!

Also challenge all three CRA's.

 

You need to enter into battle...

[Melll]

I had this happent to me, and it's taken two months of constant wrangling (including paying off my credit) to get the default removed from my report.

 

I did ring AIC up, and while they were snotty with me, when they finally understood what it was that I was complaining about, the credit file was updated within 24 hours.

 

They did explain the reason to me, something to do with when the debt was transferred from AIC to Fairmile, it was treated as a new account and immediately the default date was the date of transfer. I did explain to them that this was unlawful, and quoted lots of helpful stuff in this thread (information commissioners office, limitation act 1980), and they expedited the correction pretty quick after that.