3 different default dates with different CRAs.

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Long story sideways, my mother-in-laws credit file was on the verge of being cleared up after a long 6 years.

Lloyds TSB lodged a default with Experian with a date of April 2009. She has the default notice that corresponds with this.

They lodged a default with Equifax with a date of July 2009. She has a second default notice that corresponds with this.

There are then several letters from solicitors referring to previous default notices but no further default notice.

They have now lodged a default with Callcredit with a date of November 2009, interestingly after the other two defaults dropped off.

What is her recourse? She has all the paperwork but there is no November default notice in the two inch thick pile. As she has kept so much, I doubt it has been lost. Lloyds TSB are refusing to remove the default and won't provide a copy of it (presumably because it doesn't exist).

Can anyone advise what her next steps should be to resolve this? Thank you.

[nemesis45]

Re: 3 different default dates with different CRAs.

The Complaint is with the company that registered the original default.
So A Formal Complaint needs to be made to The Data Controller Of Lloyds.
Now where as there can be only one default date per debt.

Some times when a Default Notice is Issued a debtor may make an offer of payment if accepted a default is not registered, this can happen a few times until a creditor loses patience and registered a default.

Are this " default dates" currently being registered or is this problem historic?

nem

[Kati]

Re: 3 different default dates with different CRAs.

3 default dates for the same debt (each with a different CRA)? That doesn't sound right :tinysmile_aha_t: [MENTION=55034]nemesis45[/MENTION] ... any advice?

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beat me to it Nem x

[nemesis45]

Re: 3 different default dates with different CRAs.

3 default dates for the same debt (each with a different CRA)? That doesn't sound right :tinysmile_aha_t: @nemesis45 ... any advice?


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beat me to it Nem x

Just got in:tinysmile_grin_t: nemx

[cms-help]

Re: 3 different default dates with different CRAs.

The Complaint is with the company that registered the original default.
So A Formal Complaint needs to be made to The Data Controller Of Lloyds.
Now where as there can be only one default date per debt.

Some times when a Default Notice is Issued a debtor may make an offer of payment if accepted a default is not registered, this can happen a few times until a creditor loses patience and registered a default.

Are this " default dates" currently being registered or is this problem historic?

nem

No payment was made on either of the default notices (April or July) so should the first default notice be the date that SHOULD be registered with the CRAs?

I don't understand what you mean by currently being registered or historic? She ceased making payments through ill health late-2008 as she had to stop work (cancer). They wouldn't accept reduced payments so she simply stopped paying and just put every single piece of paper they sent in a file.

She has complained to Lloyds who, basically, told her they were right, she was wrong. They refused to furnish a copy of the November default. She only had one account with Lloyds so there is no way anything is muddled up. If Lloyds aren't willing to change the default date, what's her next step?

[nemesis45]

Re: 3 different default dates with different CRAs.

No payment was made on either of the default notices (April or July) so should the first default notice be the date that SHOULD be registered with the CRAs?

I don't understand what you mean by currently being registered or historic? She ceased making payments through ill health late-2008 as she had to stop work (cancer). They wouldn't accept reduced payments so she simply stopped paying and just put every single piece of paper they sent in a file.

She has complained to Lloyds who, basically, told her they were right, she was wrong. They refused to furnish a copy of the November default. She only had one account with Lloyds so there is no way anything is muddled up. If Lloyds aren't willing to change the default date, what's her next step?

A default notice is not a default just a warning that a default will be registered if the DN was not complied with could be up 6 months
after a DN is issued.

At what level has the complaint to Lloyds been made, branch or " customer (dis) service departments have little knowledge of data protection / reporting and probably less authority to deal with such matters, director level is always the best and the most effective starting point.

nem

[cms-help]

Re: 3 different default dates with different CRAs.

A default notice is not a default just a warning that a default will be registered if the DN was not complied with could be up 6 months
after a DN is issued.

At what level has the complaint to Lloyds been made, branch or " customer (dis) service departments have little knowledge of data protection / reporting and probably less authority to deal with such matters, director level is always the best and the most effective starting point.

nem

Well in that case I have no idea. The Experian default matched the date of the April default notice and the Equifax default date matched the date of the July default notice so there is a discrepancy there to start with. There is no November correspondence at all that matches the Callcredit default date. It all stopped around September 2009 and didn't resume again until Collections in early 2010.

It was a written complaint to Lloyds Customer Services/Complaints team.

[nemesis45]

Re: 3 different default dates with different CRAs.

Well in that case I have no idea. The Experian default matched the date of the April default notice and the Equifax default date matched the date of the July default notice so there is a discrepancy there to start with. There is no November correspondence at all that matches the Callcredit default date. It all stopped around September 2009 and didn't resume again until Collections in early 2010.

It was a written complaint to Lloyds Customer Services/Complaints team.

Have a search for a director with a title such as " Director of Retail Banking" or similar. Make a Formal Complaint which obliges Lloyds to fully investigate and respond within 56 days.

The date on a DN is the date of issue not the date of the default. A DN if not met would result in a default being registered at the earliest about a month after the DN was issued.
nem

[cms-help]

Re: 3 different default dates with different CRAs.

Thank you for your help. Is there any point in complaining though? If they can say "the default in November is the date we have chosen to default you" then is there anything that can be done as there is no paperwork in her massive file that says "a default date of xx/xx/xx is being applied to your account."

I just assumed that as the Experian date matched the April paperwork and the Equifax date matched the July paperwork that something fishy was going on.

But if there is no way of knowing when they chose to actually default the account then where is her complaint? Is inconsistencies between the 3 CRAs enough? I know they only report on the data supplied by creditors so it's Lloyds that have supplied 3 different dates to 3 different CRAs but this doesn't sound like they are in the wrong in doing so.

[nemesis45]

Re: 3 different default dates with different CRAs.

Thank you for your help. Is there any point in complaining though? If they can say "the default in November is the date we have chosen to default you" then is there anything that can be done as there is no paperwork in her massive file that says "a default date of xx/xx/xx is being applied to your account."

I just assumed that as the Experian date matched the April paperwork and the Equifax date matched the July paperwork that something fishy was going on.

But if there is no way of knowing when they chose to actually default the account then where is her complaint? Is inconsistencies between the 3 CRAs enough? I know they only report on the data supplied by creditors so it's Lloyds that have supplied 3 different dates to 3 different CRAs but this doesn't sound like they are in the wrong in doing so.

The Credit Reference Agencies do not see any copies of DN's or any other paperwork, the creditor supplies data for the CRA to record.

The agencies have this " report" from the creditor only.

How current are these CRA reports? My concern is that the account may have been sold to a debt purchaser and extending the default date here extends the time available to issue a County Court Claim.

nem

[cms-help]

Re: 3 different default dates with different CRAs.

The Credit Reference Agencies do not see any copies of DN's or any other paperwork, the creditor supplies data for the CRA to record.

The agencies have this " report" from the creditor only.

How current are these CRA reports? My concern is that the account may have been sold to a debt purchaser and extending the default date here extends the time available to issue a County Court Claim.

nem

Checked yesterday. Experian default fallen off, as has Equifax. Callcredit default still there. The debt is statute barred. Nothing paid or acknowledged from Oct 2008. She wrote in June this year regarding the default date so she didn't reset the clock as the debt had already become statute barred (some 8 months earlier).

[nemesis45]

Re: 3 different default dates with different CRAs.

Checked yesterday. Experian default fallen off, as has Equifax. Callcredit default still there. The debt is statute barred. Nothing paid or acknowledged from Oct 2008. She wrote in June this year regarding the default date so she didn't reset the clock as the debt had already become statute barred (some 8 months earlier).

A debt can be statute barred and still on credit files the time left of the 6 year life of a default has to expire before removal.

nem

[cms-help]

Re: 3 different default dates with different CRAs.

A debt can be statute barred and still on credit files the time left of the 6 year life of a default has to expire before removal.

nem

Fully aware of that. You asked when CRAs were checked. Sounds like there is little point in her trying to pursue this any further.

[nemesis45]

Re: 3 different default dates with different CRAs.

Fully aware of that. You asked when CRAs were checked. Sounds like there is little point in her trying to pursue this any further.

The only point for taking this further would be if the " changing " date caused any provable loss.

Call Credit is often seen to be some time other agencies in updating files.
I suggest that a careful eye is kept on the credit files for sometime just in
case things change again.

nem