Removing a default that was issued 18 months after DMP

[Zighead]

I have been in a DMP for nearly 8 years now and all of the defaults have dropped off my credit file, apart from one from Capital One for a credit card with a balance of £254.

 

Most of the other creditors defaulted me before or near the start of my DMP in 2005 with Payplan but Capital One didn't default until December 2008, which means I've got another year and 5 months with this default on my file. They agreed to the arrangement to pay from 2005 and even put Arrangement To Pay on the credit file before the defaulted me.

 

I want to get out of this rented house and buy a nice place for me and the kids but it's looking unlikely until after this has dropped off the file. Is there any way I can get this removed due to the late default? I haven't payed it off yet but can do if it means it will be removed.

 

Thanks in advance.

[citizenB]

They are supposed to place default markers no later than 6 months after the breach. There is an Information Commissioner Office guide somewhere. I will try and find it.

[citizenB]

Here you go.. point 4 on the attached.. you will need to scroll down a bit..

 

 

[ATTACH=CONFIG]45240[/ATTACH]

[orfoster]

I've currently got a complaint in with the ICO for a similar thing but tell me, what if they say well look the breach is ongoing each month, you went over your overdraft initially and we closed your account so each month you don't clear the balance that's a breach in itself. I say that because I'm in the same position above and each month I get D on my CRA.

[citizenB]

Hmm, I would say there can only be one cause of action !

[Zighead]

Thanks for this, there is some great stuff in there that relates to this:

 

Point 11...

Accounts should normally be filed as being in default where those payments due have not been received for six months.

 

24.

If the payment set out in the DMP is at a level that represents only a token sum in repayment, because that is all the customer can afford, the account should be recorded as a default.

...

The record should be removed six years from the date of the default so that the customer is not disadvantaged over those who have made no effort.

 

I'll write a letter arguing these points, if I had made no effort to pay the debt, the default would have been off my file by now.

 

I'll let you know how I get on.

[Peterbard]

The problem is, this is guidance, not law. We know not all creditors follow what is deemed to be good practice, and the scenario you face is sadly far from uncommon.

[orfoster]

Great, I've already got a complaint lodged with the ICO but my case is that my account was made up of bank charges back in 2009, I don't recall ever receiving a default notice and Lloyds won't send copies my view is because none exist.

 

But I am using the ICO guidance to complain to them on that basis of what you said above really, my complaint went in on 1st July and they told me it takes about 2-4 weeks before it gets allocated, I will let you know when I hear anything. Surely the ICO can't go against their own guidance?!

 

I know it is just guidance but also if taken to a court the judge would surely consider it, he would be daft not to!

[user2001]

So what was the ICO verdict?

[orfoster]

The ICO found that it was unlikely Lloyds had complied with the DPA - Lloyds have subsequently backdated the Default without contacting me to advise me, despite this being part of a court claim against them.

 

So far, Good Result! Whether I manage to use this as leverage to have the adverse information removed in full as part of a settlement of the claim I don't know.....

[Wiggle61]

Hi, I am in a similar situation. Are you able to share the letter to the ICO and contact details etc?

 

Thanks,

[orfoster]

Hi, if you just google the ICO and find complain to us on their website there is an online wizard that takes you through to the correct form you need to complete.

 

You need to have read the ICO Technical Guidance on defaults document and build your complaint to the organisation (you need to complain to the organisation that put the default on first) and then if you get no joy complain to the ICO.