Default listed with incorrect date

[karky]

Hi everyone, I hope someone can help me with this issue.

 

I had a loan from Egg which I couldn't afford to pay back when I lost my job back in 2005. The account went into default in 12/05/2006 and was passed onto Cabot Financial.

 

The default from Cabot was due to be removed in May 2012, which it was, however, now the default has been relisted by Egg dated 30/11/2010, meaning it will not be removed from my account until 2016!

 

My partner and I were waiting for this default to be removed before we try to get a mortgage to buy our first home. I have no way of paying it back so the default is satisfied quickly as the default makes up around 15% of our deposit.

 

Now I know for a fact that this was originally defaulted in 2007 with Egg, but I have not kept any paperwork or proof of that being the default date.

 

Is there any way of getting this default removed, or proving that the default date of 30/11/2010 is incorrect without having a hard copy/proof of the original default?

 

Any help on this matter would be greatly appreciated by myself and my partner.

 

Thanks in advance

 

Mike

Edited June 4, 2012 by karky

[BRIGADIER2JCS]

Hi, This sounds very odd to me, the first thing to do is

register a notice of dispute with the CRA (s) that are

showing the entry, then you must contact Egg regarding

the default date.

 

There can only ever be one default/default date for any

debt.

Make this a FORMAL COMPLAINT which should be addressed

to their DATA CONTROLLER.

 

The complaint should include proof of the original default date

and a screen print of the current entry.

[karky]

Hi

 

thanks so much for your help.

 

The only problem I have is that I have no proof of the original entry for this entry.

 

I literally have no paperwork or correspondence with Egg as I discarded it when I moved home a number of years ago. Is there any other way that I can prove the original entry and default date?

 

Thanks

 

Mike

[BRIGADIER2JCS]

Try the CRAs for archived reports, or a Subject Access Request

under the Data Protection Act 1998, this will show all the data

the original creditor has on the account.

There is a statutory fee of £10.00 and the creditor has 40

days to reply, use the template from the CAG library.

[Noshovel]

Good luck with this I have a very similar story Egg seem to have relisted with the same default date 30/11/10

 

Now I have a letter from Cabot that says they bought the alleged debt 12/10/09? I thought these things had to default before they were sold on?

 

I've sent SAR to Egg their 40 days are up on 12th June

Edited June 8, 2012 by Noshovel
typo

[karky]

Right, very surprising but at the same time refreshing news!

 

I sent egg and online message asking for the postal address and name of their data controller and explained why I needed those details. I pointed out that I had received advice that a debt can only ever have one default date and that this date was May 2006.

 

They replied saying they acknowledge the error and that the default would be removed from my account. To my surprise, 24 hours later, it has subsequently been removed.

 

I think this is the easiest resolution I could have dreamt of!

 

Thanks for all the help and advice.

 

Michael

[BRIGADIER2JCS]

What a result IMO shows that going to the right person compliance manager/data controller

beats normal channels!!

[Noshovel]

Hi Brig

 

Riding on my sucess with the above I check the rest of my experian report with a fine tooth comb. I found another error this time ***yds *** Bank I noticed that the entry in the experian report had the default date 08/08 where as my records have the default notice issued 12/07

 

I sent a letter to the "CDR Data Quality Team" asking them to investigate and make a correction they have not replied but I have recieved a reply from Solicitors who acted for the Bank in respect of litigation regarding this debt (I'm paying a regular sum every month). The reply indicates that they agree that the default notice was 12/07 but they account was referred for recovery 08/08

 

Which date then shoudl be the correct default date in my experian entry?

 

Help and comments are all very much apprecated.

[renegadeimp]

First one is the correct date. Not the second

[BRIGADIER2JCS]

Ok, DN dated December '07 default registered usually around 14 days

later? Referred for recovery August 08 seems a big time lag.

The date on the file should be a short period after the DN was isued.

 

You need to get back to the Data Controller and demand to be told what

date the default was actually placed, ignore the ''team'' write directly to

the DC by recorded delivery.

[BRIGADIER2JCS]

First one is the correct date. Not the second

 

Not necessarily, 12/07 is DN issued date, the actual default date will be later!

[Noshovel]

I see, so even though we have a long time lag here it is "possible" I suppose. The letter is from solicitors acting for the bank so I guess they should know. I do recall fretting about being taken to court in August 08 this is because my Mum took me on holiday at that time to get me some rest:)

[BRIGADIER2JCS]

The date the debt was sent to recovery is most probably

not the default date.

 

As for solicitors knowing anything == what they have been

told by their client!!

[Noshovel]

Thanks I'll word another letter directly to the Data Controller. Will let you know how I get on.