Correct procedure to stop repeated new default dates being added to your credit File?

[jackthepippa]

Can anyone outline the correct steps to take in order to stop Cabot and other unscrupulous DCA’s from continuously renewing Default dates in order to a keep a statute barred debt on file?

 

So far complaining to TransUnion hasn’t helped and contact with this DCA is futile.

A 9 year old debt was again renewed last year by this method. 

[AndyOrch]

I would issue a Notice of Correction to the relevant CRAs with proof (taken from the actual Default Notice attach a copy if you have one.) or previous data kept from the CRAs that the default had passed its 6th anniversary...the credit reference agencies will then take it up with them.

 

Andy 

[London1971]

Yup and if you don't have / can't find the default notice, you can SAR the Original Creditor. That should contain the date the default notice was issued, sent out and sold to the DCA.

[Peterbard]

Wont work I am afraid, at least not in itself.

Broadly, a creditor can record a D on a re arranged debt under certain circumstances.

 

Yes I know, completely unfair, and needs challenging, in court desperately.

 

I would make your complaint, and when you get the final response go to the FCA ombudsman,

 

The number is freely available, you ring in the first instance and he will tell you what he needs.

 

Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.

 

I think i stated the situation elsewhere on this forum.

 

@ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording.

Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.

 

@Andy

A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 

[AndyOrch]

Given that the OPS initial post is with regards to DCAs and not original creditors...its fairly unlikely that you would have or could arrange an AP marker...arrangement to pay..... (not a D marker as you refer to Peter) as the agreement would have been terminated at assignment and already recorded as a D.

 

D represents ‘Default’, which is recorded once the lender believes that the credit agreement has broken down, usually due to a sustained period of arrears. A default is also a form of account closure, meaning that defaulted accounts will be removed from your Credit Report once six years pass from date of default. That being said in some cases, the account may only be marked as closed with a Satisfied (SF) marker when the outstanding balance has been paid. This will depend on the lender or the Credit Reference Agency that they have reported the account information to. Regardless of whether a default is recorded as open or closed, if a balance remains outstanding you can still be chased to repay this indefinitely.

Defaults will severely damage your Credit Report. They will only stop harming your Credit Rating once they have been removed, six years from date of default. This is regardless of any subsequent payment made towards the defaulted account.

 

DA – Debt Assigned

DA is used to show ‘Debt Assigned’. This marker is reported when an account has been sold to a debt collector. The original lender will then record the status of the account as Debt Assigned to reflect that the debt has been assigned to another company.

[Peterbard]

Andy this is old news, I am afraid you are going to have a look at the GDPR Higher procedure for recording defaults on arrears or arrangements.

 

I am afraid it is not so simple anymore. I am sorry but I am to busy to hold your hand through it, and I am told not to post legal explanation.

 

OP Sorry. Perhaps that call to the ombudsman will clear it up for you.

[AndyOrch]

Not to worry I doubt I would ever ask you Peter to hold my hand on any subject matter here on CAG. 

 

Jack follow the guidance here.....

 

https://www.checkmyfile.com/articles/different-payment-markers-on-your-credit-report.htm

[jackthepippa]

Many thanks for all for your help. I’ll see what I can unearth from that link too Andy, much appreciated.
It’s just a never ending battle it seems. Having looked at my file again I’ve found that despite achieving a court notice of discontinuance on another historic account with Lowell, they still haven’t removed their entry either. Very demoralising! 

regards,

Jackie

[AndyOrch]

A Notice of Discontinuance has no bearing on a credit marker.....completely unconnected. Default Markers must only show on credit files for 6 years...ones which are detrimental to your credit score...ones that are marked AP may show longer but they are normally still with the original creditor.....assuming you have have entered into an arrangement to pay.

[dx100uk]

2 hours ago, jackthepippa said:

Can anyone outline the correct steps to take in order to stop Cabot and other unscrupulous DCA’s from continuously renewing Default dates in order to a keep a statute barred debt on file?

 

So far complaining to TransUnion hasn’t helped and contact with this DCA is futile.

A 9 year old debt was again renewed last year by this method. 

 

a DCA cant change the original defaulted date registered by the original creditor on or before sale. monthly markers in the calendar section marker can be ignored totally, they don't effect your score at all as long as a defaulted date has been registered by the OC as above.

 

a failed court claim by the debt owner has zero bearing upon if anything should show or not on your credit file

[jackthepippa]

3 hours ago, Andyorch said:

A Notice of Discontinuance has no bearing on a credit marker.....completely unconnected. Default Markers must only show on credit files for 6 years...ones which are detrimental to your credit score...ones that are marked AP may show longer but they are normally still with the original creditor.....assuming you have have entered into an arrangement to pay.

Yes they changed the original default date too on this one. 2010 was the original date by first DCA. The new Default ends in November which is close enough now. It was statute barred too by all accounts. 
Both Cabot and Lowell have done this. Passing accounts back and forth too.

 

[dx100uk]

25 minutes ago, jackthepippa said:

2010 was the original date by first DCA.

 

a DCA cannot register a default, 

only the OC can upon on before sale.

 

if a dca changes the defaulted date on your credit file registered by the OC, you get a copy of the OC's original default notice

and attach that to a letter of complaint to the DCA giving them 14 days to rectify the error else a serious complaint will be raised with the ICO without further notice and financial compensation will also be sought for damage to your credit worthiness.

 

dx