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  • #46
    Re: ICO GUIDANCE ON DEFAULTS - Vital Reading

    paras 40-43 Lending code

    40. Subscribers can give CRAs default information about a customerís debts if:
     the customer has fallen behind with their payments;
     the amount owed is not being disputed by the customer; and
     the customer has not made a proposal that satisfies the subscriber for repaying the debt following the
    subscriberís formal demand.
    41. But, in all cases, the customer must be given further notice of the intention to disclose the information at least 28 days
    before the disclosure is made (for example, when a default notice or formal demand is given). At the same time,
    customers must be given an explanation about how default information registered against them may affect their ability
    to obtain credit in the future. This notice will mean that customers have 28 days to try to repay or come to some
    arrangement with the subscriber before default information is passed to the CRA.
    42. For the purposes of the second bullet in paragraph 40, a customer dispute is relevant if it refers to the amount of
    money owed by the customer and is genuine, reasonable and unresolved. Further detail is provided in the ICO
    guidance referenced below.
    43. Subscribers should refer to the Information Commissionerís Data Protection Technical Guidance on Filing Defaults
    with CRAs (www.ico.gov.uk).


    • #47
      Re: ICO GUIDANCE ON DEFAULTS - Vital Reading


      Just a quick question,

      On my credit file natwest placed a default on my account in October 2010. The account was closed without my knowledge (I had no letter about it) I went to the account online and it wouldn't let me log in I called the bank from overseas they put me to a recorded message saying my account is closed and cut me off.

      Previously I informed the bank to say I am moving overseas and handed them a letter stating this.

      3 months ago the default the default was dated October 2010 now a few months later it is in January 2012 how is this possible?




      • #48
        Re: ICO GUIDANCE ON DEFAULTS - Vital Reading

        The creditor can amend the default date if they believe it to be inaccurate. Obviously here it is the other way around, and their amendment itself is inaccurate by moving the default forward 2 years. You can dispute the new date with evidence of the account closure and original default record.

        Obviously if you think the original default was unjustified then you can dispute the fact of the default itself, but you don't indicate what state the account was left in in your post.


        • #49
          Re: ICO GUIDANCE ON DEFAULTS - Vital Reading

          Now been replaced or supplemented (sort of) by:

          Last edited by Celestine; 9th November 2016, 22:55:PM. Reason: fixed link


          • #50
            Re: ICO GUIDANCE ON DEFAULTS - Vital Reading

            Attached Files

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps


            • #51
              Re: ICO GUIDANCE ON DEFAULTS - Vital Reading

              The Bullet Points on PAGE #5 not posting /registering defaults still includes the statement re default sums consisting solely of charges etc.

              Used this before with success.



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