Incorrect default date

[Congumped]

Hi I am new here and after some advice please

I had a credit card (CC) in 2004 it defaulted maybe sometime in 2008 this is not recorded on my credit file any longer, or im not sure if it ever was as I don't have any older credit reference reports. I must have started an IVA with cc in 2011
CC sold the debt to DCA in 2012 from there I continued to pay the IVA until 2014 when I noticed on my bank account a company called moor something. I was trying to sort my finances and wanted to offer settlement. I could not trace the company had no idea what was left owing so registered on Credit reference agency (CRA) site. The default history was on the account up to this date.

I wrote to CRA and requested that they contact the registered DCA on file who were taking payments as I was unable to locate them to offer settlement. The CRA removed the default after 28 days from my credit report.
In March 2015 it was registered by another DCA Cxxxx with a default date 2015.

my question is should the debt be statue barred by original lender? Or should the default date be 2014. I have written to financial ombudsmen who referred the complaint back to CRA, who's final written response is they have asked Cxxxx to remove the information and they have stated it is correct.
I have not contacted Cxxxxx as CRA have asked me too. I have argued with CRA that they removed the account in 2014 but I am getting nowhere.

what can I do next? I don't want to reset the clock on this debt but I feel this is unjust.
any help much appreciated, many thanks

[Congumped]

Apologies that should say it was represented by DCA in 2017 with a default date of 2015

[nemesis45]

Hi, when was the last payment to any party made? Every payment resets the " 6 year clock" for Limitation Act 1980 purposes.

[Congumped]

Hi thank you for replying nemesis45 The last payment was made in 2014 to a DCA.

Is it worth changing the default date or waiting until it's statute barred from the date they have given?

should I continue to argue that it was previously removed. I thought data custodians could only remove closed accounts from credit files?

should I three letter the current DCA? They are no longer writhing to me but are registering default each month.

many thanks for your help

[Amethyst]

Would you be able to do a screenshot of the expanded Noddle entries by Cxxxxx, sometimes people do misread them but if you have expanded the entry and it says the default date is 2015 as opposed to Cxxxxx just having taken over reporting in 2015 then you'll need to argue to have it removed ( by Cabot so you will have to deal with them to sort this out )

When you entered your IVA had you already defaulted on the Mxxx account?

Get a SAR off to Mxxxx ( the original creditor) today which should give you a definitive date of default. The new owners of a debt cannot add a new, later default for an account that was previously defaulted - but you need to gather the evidence that the debt was previously defaulted and has fallen off the file.

The statute barred side of things will be of no effect to the credit file though, so deal with that separately. If it was in the IVA what happened - did the IVA fail ? If your last payment was made in 2014 and it wasn't wiped by the IVA then they do have a couple years left to claim the debt from you, so it depends if not rocking the boat and having to come to a settlement arrangement is more important than the credit file entry as to what you do. If it isn't stat barred and Cxxxx are starting to chase then it is likely to result in court action over the next couple years ( before the 6 years from last payment is up ) - and a CCJ would really wreck the file.

[nemesis45]

Hi thank you for replying nemesis45 The last payment was made in January 2014 to a DCA.

Is it worth changing the default date or waiting until it's statute barred from the date they have given?

should I continue to argue that it was previously removed. I thought data custodians could only remove closed accounts from credit files?

should I three letter the current DCA? They are no longer writhing to me but are registering default each month.

many thanks for your help

The point you are looking for I think is that all defaulted entries on your credit files should be remove 6 years after the original default date. MBNA I have seen not defaulting accounts until just before selling them on. I may be worth a tenner to make a Subject Access Request to MBNA under the provisions of the Data Protection Act 1988 to get all the data held on you and all the personal documents relating to this account. If MBNA did default the account unreasonably late you may be able to challenge it.
Please do not use the " 3 letter" method it's useless and a load of nonsense based on the discredited " Freemen on/of the Land" weird ideas.

[MIKE770]

Nemisis45 the days of the £10.00 has gone since 26th May 2018 GDPR make SAR request minus any fee and they have 30 days to respond from receipt, just ensure you send say copy of council tax with address and name & other document used in the 3 months prior i.e copy passport etc etc send Recorded Delivery

[MIKE770]

Subject Access Request Letter

[Congumped]

Good Morning apologies for the delay in replying, Thank you for the advise.

nemesis45 and MIKE770 and Amethyst

the account originally defaulted in 2008,

Am I right in thinking that the default should be removed then regardless of payments after 6 years, however debt can still be chased if payments have been made in this time until 6 years following the last payment?

However if I put in a SAR and get original default date by CC added I am acknowledging the debt? and DCA can push for settlement?

Amethyst the original IVA was transferred to each DCA and only failed after default was removed from credit file as the balance left owing was questionable since the last transfer to a unknown and untraceable DCA.

I am certain DCA do not have any records due the fact that the DCA has a completely fictitious default date,therefore if I send SAR will they be provided with original credit arrangement ect.


Thank you again.

[Amethyst]

Am I right in thinking that the default should be removed then regardless of payments after 6 years, however debt can still be chased if payments have been made in this time until 6 years following the last payment?

Yes. So long as it was defaulted by the original creditor over 6 years ago then it should not appear on your credit file.
If, however, you came to an arrangement to pay without first defaulting then it could stay indefinitely until such time as it defaults and the 6 years starts ticking.

However if I put in a SAR and get original default date by CC added I am acknowledging the debt? and DCA can push for settlement?

You can head any letter ' I do not acknowledge any debt owed to your company' or some such - with a SAR you are only asking for personal data held about you by them rather than for specific documents related to a specific debt so it should not be taken as acknowledgment.

Amethyst the original IVA was transferred to each DCA and only failed after default was removed from credit file as the balance left owing was questionable since the last transfer to a unknown and untraceable DCA.

Hmmmm IVA's do my head in, they just make no sense so I'll have to pass on that one - maybe Debt Camel will understand this - my understanding was the IVA was an 'all creditors' thing and it either failed or suceeeded at which point remaining debts are written off.... but as I say IVA's aren't my thing.

I am certain DCA do not have any records due the fact that the DCA has a completely fictitious default date,therefore if I send SAR will they be provided with original credit arrangement ect.

It might just be an admin error by the OC including the debt on the list of those assigned/transferred over - the SAR will assist.

[Congumped]

Thank you for your help, this has definitely shed some light on my choices.

I will try the SAR and if it was never defaulted within 6 months of missed payments I will request that they do this, but i'm pretty certain that it was. Im feeling quite jaded having a 10 year + noose on my credit worthiness,, . Once its proven I feel like filing for compensation against the DCA.

[Debt Camel]

Sorry for the delay in replying - I have been away from home for a few weeks.

Just to talk about the IVA...

1) (and excuse me if this sounds insulting, but it's worth double checking) are you sure you had an IVA not a DMP?

2) are you saying your IVA failed? or that when your IVA completed the IVA form was unable to make the final payment to this debt as the creditor had not supplied details?