Defaulted Twice for same Debt?

[Ronie6]

Hi,
I have been Defaulted by Mercedes on 09/07/2010 for non payment of HP agreement.

The Debt was then Sold/Assigned on 01/12/2010 to Arrow Global who have also registered a Default dated 09/07/2010.

Mercedes have removed the Default but not all the account details, so it looks like i have missed payments to Mercedes and then Settled the account, but i have also then Defaulted on an account with Arrow Global in the same year.
Mercedes removed all data from Equifax and Callcredit but will not on Experian

If the Debt was sold and assigned to a new CAIS member surely the data on the original account must be removed?
Any ideas?
Please help someone

[Nibbler]

Re: Defaulted Twice for same Debt?

ICO guidance to their case examiners.

CRA Defaults - Recording of defaults relating to debts that have been sold.

The practice of selling/buying debts is widely used. As long as the information is correctly recorded on a credit file by the lender selling the debt and the lender buying the debt, then two entries relating to one account would not be considered to be a breach of the Data Protection Act provided that:-

• both recorded entries are shown as being in relation to the same account/debt;
• the original debt entry should be shown on the credit file as being either ‘settled' or ‘zero' balance and should show that the debt has been ‘re-assigned’;
• the new DC who shows the debt in their name should maintain the original default date and the correct balances;
• the retention period for maintaining the information on a credit file should be based on the original default date regardless of who is responsible for the entry/debt.

James Jones from Experian

http://www.experian.co.uk/consumer/q...it-report.html

The new company can register a default under their name but, importantly, the amount and date must be the same as the original entry. And the original entry should be updated with a marker to make it clear the debt has been sold on, so that anyone looking at your credit history in the meantime isn’t misled into thinking there were two separate debts.

[Ronie6]

Re: Defaulted Twice for same Debt?

Thank you for this but i cannot see this is right
I have had numerous Defaults by other companies and they have sold these on to DC who then placed their own Defaults, all the previous companies deleted their Defaults
Also, when i apply to a creditor in future, the creditor would penalize me twice for the same thing?

[Nibbler]

Re: Defaulted Twice for same Debt?

AS said, there should be some indication on the original entry to show that it is a sold/assigned account rather than a separate one. If there isn't, complain.

If you don't think it is right, then you are free to legally challenge the Information Commissioner and credit industry on their interpretation.