BPF/Capquest - Advice Needed On Credit File Query

[markstone]

So would I be right in saying that if I defaulted in 2008/2009, a default date logged for 2011 is out of order?

[fallback]

Did the company contact you about the default in 2008/9?

[markstone]

They probably did, but I don"t have a record of this yet, as I am waiting for them to send me a SAR

Edited January 10, 2013 by markstone

[BRIGADIER2JCS]

The ICO Technical Guidance on Defaults says ''Defaults should be placed ''Timely'' usually within 6 months of the cause of action''. So I have worked on the theory that anything over nine months from cause of action is unfair, there are of course exceptions listed in the Guidance.

[markstone]

Thanks Brigadier, I will let you know when I get the details of the SAR, I recived a letter from the company this morning saying they will send me the SAR details within 12 days, so things will hopefully be much clearer then!

[BRIGADIER2JCS]

12 days for a SAR remarkable!!

[markstone]

They are just trying to get rid of me I think!

[BRIGADIER2JCS]

They are just trying to get rid of me I think!

 

I hope they don't skimp on it!!

[markstone]

They better not........I am going to be like a dog with a bone now!

[Theroachhut]

They cannot do it as the day you defaulted was back in 2008-2009 or when ever it was. This is the date you defaulted wether u pay the debt or not it will be removed 6 years from the day it was placed, it cannot be readded after this point and cannot be altered from original date. it can be updated monthly with any payments or the balanace outstanding but the date of default will always be the same. if its dif get intouch with the ref agency and inform them that its happened and that it should not have and they will correct it

[markstone]

Thats great news......I"m on the case. They must think we are stupid!

[markstone]

12 days for a SAR remarkable!!

It seems Barclays Partner Finance have got their Data Protection Act mixed up, as I recived another letter today, the day after their letter yesterday, the first one saying 12 days in accordance with section 77(1) DP Act 1974, and todays letter Quoting section 7(1) DP Act 1998 saying 40 days. Thats a great start!

Edited January 12, 2013 by markstone

[BRIGADIER2JCS]

:madgrin:What plonkers they don't know their CCAs from their SARs or something like that:lol:

[markstone]

:madgrin:What plonkers they don't know their CCAs from their SARs or something like that:lol:

It kind of gives me hope that they have lost my file, and I will be able to get them to remove the default, at the very least, correct the default date they have changed, accidently on purpose!

Edited January 12, 2013 by markstone

[BRIGADIER2JCS]

Correction of the default date in the minimum imo removal would be more appropriate I think.

[elizann88]

i have a default date 15/03/07 on my noddle report. 6 years this march. anyone have any idea, should my credit score much higher after march? after the 6 years have passed, will it have a big impact on my score?

[markstone]

i have a default date 15/03/07 on my noddle report. 6 years this march. anyone have any idea, should my credit score much higher after march? after the 6 years have passed, will it have a big impact on my score?

It should have quite a big influence on your credit score, but having said that, because the default is so old, its only really if you are applying for a mortgage, that defaults will matter whatever the age of it. Most other companys such as credit cards, will overlook a default that has sufficiently aged. But just keep an eye on it in March, and make sure it has actually droped off, if it does"nt automaticly, then drop the credit refference agency a line asking them to remove it.

[247orbital]

A common trick by the DCA's but easily fixed by a SAR, and then send them the proof of the original creditors default date. It will be put down as an 'admin error' but in reality it is an attempt by the DCA to extend the life of the debt.

[markstone]

yes your score will improve once it drops off

but, as brig indicates

 

it may well be that the mortgage company will look to see a history of good money management

if there are no accounts remainingto show this, it could be an issue.

 

now WHY are you paying a DCA?

 

NEVER EVER pay a DCA always the Original Creditor.

 

dx

 

the above is from another thread but...

I was wondering what dx100uk meant by saying never pay a DCA.

 

If your debt has been sold to a DCA, like mine has, t

hen surely you can no longer deal with the original creditor, and would have to pay the DCA instead?

[BRIGADIER2JCS]

If an account is still with the original creditor with a DCA assigned only to ''collect'' on behalf of the creditor if is often better to attempt to make paymets to the creditor.

[markstone]

The details on the SAR, just says "Write off debt sale" 11/05/11 is this saying the debt was sold on, or do they still have charge of the account?

[BRIGADIER2JCS]

Definitely sold on!!

[markstone]

Thanks Brig, so I will deffinatley have to deal with the DCA

[BRIGADIER2JCS]

Thanks Brig, so I will deffinatley have to deal with the DCA

 

Yes unless you can drive a DCA to such distraction that they off load it back to the OC, not easy but it has been done.

[markstone]

Yes unless you can drive a DCA to such distraction that they off load it back to the OC, not easy but it has been done.

 

Well the default I am aiming to get rid of, will fall off next year anyway, so will wait for them to amend the Default date to the correct one, then will comence the war on persuading them to knock it of early!