ICO Technical Guidance for filing defaults

[craigers]

Does anyone have a copy of the ICO guidance docs version 1 and 2? can't find it anywhere on the net. or do the ico consider version 3 retrospectively?

[labman]

Re: ICO Technical Guidance for filing defaults

I can't find Versions 1 and 2 either. However, the following from Version 3 suggests it incorporates 1 and 2 (or the bits that still apply) and also take into account the developments since these were published:

"Nevertheless, given the passage of time since the guidance was first published, there is a need to confirm what standards continue to apply and take into account developments which have arisen since the original publication. For this reason, the guidance has been updated."

[craigers]

Re: ICO Technical Guidance for filing defaults

aye, from what i read into it, i don't think it has really introduced anything new. i just need to know if the guidance on debt management programmes, specifically relating to low repayment levels is token payments, was much the same as version 3.

[labman]

Re: ICO Technical Guidance for filing defaults

Advice on DMP's is as it has always been. Fill in your IE sheet (have you heard of CashFLOW?) Do the pro rata payments from disposable income and that's what you offer your creditors.

Token payments tend to precede a formal DMP.

[craigers]

Re: ICO Technical Guidance for filing defaults

i'm off the dmp. i was on one through payplan and was making token payments. but since doing research, and realising the account was unenforcable, i stopped paying and the dca chasing this specific debt has left me alone. however, if the current guidance relating to token payments

24 Low repayment levels
If the payment set out in the DMP is at a level that represents only a token sum in repayment, because that is all the customer can afford, the account should be recorded as a default.
...
The record should be removed six years from the date of the default so that the customer is not disadvantaged over those who have made no effort to pay whatsoever.

is unchanged, then my account should've defaulted as soon as i started making token payments to the oc, not 18 months later when i stopped paying?

[labman]

Re: ICO Technical Guidance for filing defaults

I wish you luck! Many creditors leave defaults as late as possible to do maximum damage to your CRF. Whatever the ICO say, once the default is there, it is very hard to get it removed.

If creditors did as they should, it would be great, but sadly many don't, and several will even try to default you twice for the same debt.

[craigers]

Re: ICO Technical Guidance for filing defaults

i'm pretty confident i can get it removed. i've had success in the past. it might just take the ico to intervene and it will probably fall off by that time. to be honest, if they refuse to remove it i'll complain to the fos, ico and start legal action at the same time.

[craigers]

Re: ICO Technical Guidance for filing defaults

phoned the ico today. guy on the phone clearly couldn't be arsed. so i emailed them approximately 30 seconds after i hung up. just have to wait for a few months before i get a reply.

[Gorang]

Re: ICO Technical Guidance for filing defaults

phoned the ico today. guy on the phone clearly couldn't be arsed.

I think this is about the best you will get from the ICO as they seem to be doing and want to do nothing about defaults that have been registered wrongly or illegally

BUT keep at them as you never know, and keep us posted as to how you get on

[craigers]

Re: ICO Technical Guidance for filing defaults

i actually have faith in the ico, i just think my guy couldn't be bothered dealing with a simple query which i suppose is understandable given how swamped they are.

[craigers]

Re: ICO Technical Guidance for filing defaults

emailed them just after i phoned them. they'll give me an answer by 20th november.

[craigers]

Re: ICO Technical Guidance for filing defaults

ICO got back to me today. Version 1 uploaded. Version two was never published.