Default Entry

[Jamesx81x]

Under a Freedom of Information Act request the CRA's would have to release info on various statistics providing it doesnt include specific companies info or would they not?

[BRIGADIER2JCS]

Difficult one given''sensitive'' business data and the DPA, I think the inormation

would be scant to say the least.

[Jamesx81x]

For example the figures of how many restricitions or actions have been taken against their clients when it has been proved they have knowingly submitted incorrect info on a persons credit file.

 

It is not naming individual companies, i would be a statistic to show if they do take action as they claim to do and personally a consumer has the right to know that

[Jamesx81x]

Hi

How can BT and other utility companies place defaults on your credit file?

 

It is not a credit agreement you are signing upto it is a sevice agreement where you pay for services used. No form of credit is been advanced.

 

Seen as default notices are issued under Section 87of the Consumer Credit Act im just wondering who they work out they are entitles to issue them?

[AndyOrch]

Mobile Phone companies are not regulated by the Consumer Act 1974 and therefore are not required by law to send an official default warning letter.

 

However, there is an official contract in place between them and yourself and this therefore is covered by Contract Law. Clearly there was a 'breach of contract' and therefore they should be lawfully obliged to send notice of this breach, and to have given a reasonable amount of time for the breach to be remedied.

 

Clearly they do not follow the official guidelines set out by Contract Law and therefore the Default is unlawful and should be removed IMHO.

[Jamesx81x]

Thanks Andy it was a landline account from years ago

 

I understand what you are saying regarding the contract and breaches need to be given the chance to be rectified

 

What I don't get is how they can place a default notice that with regards to credit are issued under section87 on your 'credit file'! You haven't breached any form of credit agreement!

 

As you said they are not regulated by the cca so I don't get how this form of defaulted account can appear on a credit file!

[AndyOrch]

They are not actually placing or issuing a DN as required by the CCA1974 just a marker that you have breached your terms and conditions with them.

 

Its a grey area and really they do need further regulation.... as in some cases they can trash your credit file for one missed payment...be it legit or disputed...everyone should be allowed time to rectify.Therefore its always worth challenging providing its a genuine dispute and you have followed their terms and conditions.

 

Regards

 

Andy

[Jamesx81x]

It certainly is a grey area

 

I do not see how this kind of information kind be placed on a credit file

 

The clue is in the title credit file, when a creditor advances you a form of credit and you default it is to be expected

 

I mean where does it end, you have a contract with a builder miss a payment or dispute it they can then add a default to your file?

 

Very annoying

[AndyOrch]

Well not quite a lender/service provider can only pass on information about your credit agreements with your consent. You usually give this consent when you sign the credit agreement. Failure to obtain your consent is a breach of the Data Protection Act.

[Jamesx81x]

Thats my point you give consent to a creditor who is advancing you credit to report your account to a credit agency.

 

Im going to have to have a look back over things as it is only for £57 and am sure it was paid when we moved but ill have to look.

 

What i am sure is no notification stating pay this amount or we will record the entry on your credit file was ever received.

[AndyOrch]

Thats my point you give consent to a creditor who is advancing you credit/or service to report your account to a credit agency.

 

Im going to have to have a look back over things as it is only for £57 and am sure it was paid when we moved but ill have to look.

 

What i am sure is no notification stating pay this amount or we will record the entry on your credit file was ever received.

Then that is your start & arguing point

 

Regards

 

Andy

[Jamesx81x]

Thanks Andy

[Jamesx81x]

Hi

 

Can a default notice be issued by a collection agency or does it have to be issued by the OC or legal assignee?

 

Thanks

[BRIGADIER2JCS]

The normal procedure is for the original creditor to place a default prior to selling/assigning the debt to a third party, if the debt is not defaulted before sale to a debt purchaser they may default the account when the acquire the account, this though is open to challenge as the ICO Technical Guidance on Defaults states that defaults should be placed within 6 months of the cause of action, e.g. missed/stopped payments.

[Jamesx81x]

Thanks, What if the OC still owns it but has just passed it to a Collection Agency, has the Collection agency any right to issue a default on the OC's behalf or should it be the OC that issues it?

[citizenB]

Thanks, What if the OC still owns it but has just passed it to a Collection Agency, has the Collection agency any right to issue a default on the OC's behalf or should it be the OC that issues it?

 

No, it should be issued by the original creditor.

 

Who are we talking about ?

 

B/shark have fallen foul to the fact that they have let Mercers, their "in house" collection agents issue Default Notices.

[citizenB]

See attached..

 

 

 

2

 

(1) The name and a postal address of the creditor or owner.

(2) The name and postal address of the debtor or hirer.

 

the above taken from...

 

[ATTACH=CONFIG]45147[/ATTACH]

[Jamesx81x]

The exact company am referring to Citizen B now the debt has been sold on so just trying to figure out where that leaves me

[BRIGADIER2JCS]

There are some queries on the subject of banks 'in house' collection departments placing defaults, as there have been with other types of businesses such as the mail order companies.

 

In house = same company is the argument put forward, the regulators need to clarify.

[Abhitulsi]

Hello sir,

I registered my free trial account with Experian credit score checking company and i cancelled it before completion of one month but after deactivating my account they direct debited my bank account by GBP 15. Please assist me what should i do now???

[BRIGADIER2JCS]

Contact your bank and demand an immediate charge back and inform Experian you have done so.

[Jamesx81x]

Hi

 

Is there a specific time limit a creditor is expected to register a default entry with the CRA's or can they do it at any time they wish?

 

Thanks

[havinastella]

It should according to ICO guidelines be a 'reasonable' time after the missed payment.

 

Any longer than 6 months is a worry.

[user2001]

The guidance (and it is only that - not law) changed this year and basically as long as the record is 'factual' then they will not uphold a complaint of delayed (or no) default. The FOS agree with them. So now it is likely that adverse information will be visible well beyond 6 years from the time you started having financial difficulties.

[BRIGADIER2JCS]

The guidance (and it is only that - not law) changed this year and basically as long as the record is 'factual' then they will not uphold a complaint of delayed (or no) default. The FOS agree with them. So now it is likely that adverse information will be visible well beyond 6 years from the time you started having financial difficulties.

 

 

I agree this is very much a change for the worse, removing the suggested time scale for placing defaults is going to affect a large number of people.

 

 

We have seen Welcome Finance over the years of its administration failing to file defaults until it was about to sell on very old delinquent accounts.

 

 

The time and inconvenience and difficulties in challenging these unfair and unreasonable defaults has not it seems been considered by the ICO when drafting the new guidance.

 

 

This will give creditors an unfair advantage and should be re-thought!