@experianexperts Trick question: how long does a 6 year default last??

[Cazz2269]

Hi

 

This is not a trick question.

 

Around Nov 2007 (or it could have been Nov 2008) four defaults were registered against my name.

They all hit my account around the same time as I had gone through a Debt Management Company.

Last year, I settled all four defaults and they are registered on my Experian report as "satisfied".

 

During the last few months, I have been trying to obtain a mortgage and it was then that I realised that the default dates

have been changed and instead of coming off my file on or around the same time,

there is a difference of one or two years so effectively I will have defaults registered until 2016!!

 

I contacted Experian who said that although at the time the defaults were registered by the same lender,

as two of the accounts were passed to collectors they can effectively "restart the clock" on my defaults

- so regardless of how many years the default had been on my name,

they would have re-registered it when the company took over the debt. Is this correct?

 

If so, doesn't this mean that I could have the same default registered for over 6 years??

How can this be right?

 

According to Experian this is legal!!!

 

Please tell me their wrong

[dpick]

I had similar with Halifax reported this to ICO and they said only 1 default date on an account if the debt is passed to a dca they can change the name of the creditor to their name but the default date must be the same as old record.

 

I had this with an account I had with Halifax they just added a second record to my CRA file for the collections debt with a default date from when collections got the account.

 

ICO ordered them to have only 1 default and that default had to have the original default date. They also had to pay me £50 compensation.

 

dpick

[dx100uk]

yep

 

the default date CANNOT CHANGE

 

it can be updated, but that still means the whole account will vanish on the original defaults 6th birthday.

 

you paying the debt, wont have any bearing on when it goes.

 

All references to a defaulted debt must be removed from your credit files

after 6 years has passed from date of default

- whether paid off or not.

This is so that someone who continues paying something even after 6 years from default

should not be at a disadvantage as to someone who pays nothing after default

and ends up with a clean file after 6 years.

once a debt has fallen of due to this reason, it can NEVER return.

 

 

dx

[JamesJ]

Cazz2269 - sorry you were given wrong advice. The default days should not be changed even if the debt is sold on. If you send details to [email protected] we'll raise disputes for you and also retrain our agent on this issue. Thanks.

 

James Jones

Experian

[JamesJ]

Sorry that should say 'default dates'.

 

James

[Cazz2269]

Thank you dpick - this is really helpful. Just checking...but who is ICO?

[Cazz2269]

Thank you James. Thats the problem when dealing with the "experts" you expect them to know and give you advice. I did challenge the person in Experian at the time and said that it didn't make any sense. The additional problem I have is Experian said they were unable to see when the defaults were originally registered - apparently they can only see what I see (??) and was unable to look at my records from 2007/8 to see when the defaults were first registered. Once again, I suspect this is not the case. Are you able to confirm?

[Cazz2269]

Thank you DX100uk - very helpful.

[BRIGADIER2JCS]

Retraining, the operative should have been properly trained before being allowed to advise the public, some would have believed the information and let it ride.

[Cazz2269]

So true! Its a shame but these days I tend to challege the majority of the "advice" given by the "experts" as I find that the advice that is given is not the actual case. Half the time, its because they do not have the information and believe by saying something is better than admitting that they don't know. I just go by my moto....if it doesn't make sense then its probably not true.

[citizenB]

Thank you dpick - this is really helpful. Just checking...but who is ICO?

 

 

Information Commissioner

[Cazz2269]

Thank you.

[BRIGADIER2JCS]

Good Idea a formal complaint to the ICO and they will investigate but it takes a considerable time.

[Cazz2269]

Good Idea a formal complaint to the ICO and they will investigate but it takes a considerable time.

 

 

Hi Brigadier2JCS, thanks for your post.

 

However, on the advice given by JamesJ I have written to [email protected] rian.com

who have responded promptly and confirmed the advice that everyone has given

i.e. the date should not change on a default which definiately contradicts the advice initially given by an "advisor" from Experian.

 

At this time I'm content with the course of action they are taking so I'll wait to see the outcome before I take it further.

 

However I do know of someone else who is in a similar position but their default was due to end in a couple of months

and the debt was passed to a collection company who promptly re-registered the debt

- effectively meaning the same default would be registered for 12 years!!

 

Of course I've passed on the knowlege I've acquired from my query.

 

However, a big thank you once again to the advice given by everyone.

 

This is the only site I can rely on for advice that I don't have to challenge!

[dx100uk]

DCA's will try and get away with anything to spoof people

 

a default date cannot be changed.

 

many times you find people are confusing the 'update' default info with the org date.

 

dx

[BRIGADIER2JCS]

DCA's will try and get away with anything to spoof people

 

a default date cannot be changed.

 

many times you find people are confusing the 'update' default info with the org date.

 

dx

 

How true date last updated must not be confused with the default date.

[bengateway]

Sorry for jumping in here guys.

 

Would this also be true for a ccj, ie 6 years and it falls off your credit file regardless of if its been satisfied or still being paid off.

I was under the impression that once it falls off your credit file after the 6 year period it should never re appear.

The following links seem to confirm this ie

 

http://www.justanswer.com/uk-law/6fdmd-ccj-held-record-years-date-entered.html

 

http://www.debtquestions.co.uk/debt_forum/viewtopic.php?f=7&t=30668&p=224184

 

Thanks for any advice and sorry for jumping in on the thread.

[renegadeimp]

A ccj falls off after 6 years but remains payable. It doesnt become sb but if the creditor hasnt taken any wction on the ccj in those 6 years then they'll find it difficult to get enforcement orders.

[BRIGADIER2JCS]

Default entries are removed on the 6th Anniversary of the default paid or not, there cannot be further reporting on these accounts.

[sillygirl1]

My main issue with the CRAs at the moment seems to be their 'linked' addresses, they appear to have linked me to the entire block of flats I live in, even though I have no financial connection with anybody in this block.

 

They also cannot properly identify me because I have opted out of the edited council tax register - clearly in my case they are not fit for purpose.

 

If the Experian rep can contact me about this issue I would appreciate it. I need to sort out the mess on my files and make sure that I can get some benefit for having repaid a load of debt!