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Removing a default that was issued 18 months after DMP


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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.

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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.

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

 

 

[ATTACH=CONFIG]45240[/ATTACH]

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

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

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

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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.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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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!

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 4 months later...

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.....

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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  • 4 weeks later...

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.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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