Default notice after 3 years

[AMDB5]

Hi All


I have just found out that a default has been placed on my credit file 3 years after the breach took place. Back in 2005 I when into a DMP and since have made every payment to date but I have never received any letters regarding a default notice. This credit record would have dropped off my file by now being over 6 years old but it would seem the default placed in Jan 2009 is keeping it on. Can I get the default removed along with the credit record given the time period from when the breach took place in 2005. I'm not sure if I should challenge this but can't help feeling the record is inaccurate and being kept on file for an excessive period of time.


Any advise would be very helpful

[enquirer]

Re: Default notice after 3 years

Who put the default on? Was it the original creditor? Was it someone entirely new?

[AMDB5]

Re: Default notice after 3 years

Who put the default on? Was it the original creditor? Was it someone entirely new?

The original creditor.

[Nibbler]

Re: Default notice after 3 years

Defaults placed on a DMP are somewhat of grey area. By that I mean that much is down to individual circumstances and payment history, what you have been paying compared to what the contractual payments would have been, and a certain amount of discretion and interpretation of guidelines by the lender.

Nevertheless there are (somewhat confusing?) guidelines that would be worth a careful read.

See: http://www.legalbeagles.info/forums/...-Vital-Reading

If for example your DMP payments are small compared to original contractual ones. or there is some other obvious indication of a default (pass to debt collection/collectors for example - see list in guidance), or you feel that recording a default late has put you at a distinct unfair disadvantage compared to someone you made no effort to repay (and would have been defaulted almost immediately), then you may have grounds for complaining and asking the default to be backdated.

Some people have had success in such complaints, although it is rather hit and miss.

If you decide to complain, make it clear that you will be taking the matter to the FOS and ICO if the creditor does not agree to backdate. And follow through with that threat if needed.

[AMDB5]

Re: Default notice after 3 years

Defaults placed on a DMP are somewhat of grey area. By that I mean that much is down to individual circumstances and payment history, what you have been paying compared to what the contractual payments would have been, and a certain amount of discretion and interpretation of guidelines by the lender.

Nevertheless there are (somewhat confusing?) guidelines that would be worth a careful read.

See: http://www.legalbeagles.info/forums/...-Vital-Reading

If for example your DMP payments are small compared to original contractual ones. or there is some other obvious indication of a default (pass to debt collection/collectors for example - see list in guidance), or you feel that recording a default late has put you at a distinct unfair disadvantage compared to someone you made no effort to repay (and would have been defaulted almost immediately), then you may have grounds for complaining and asking the default to be backdated.

Some people have had success in such complaints, although it is rather hit and miss.

If you decide to complain, make it clear that you will be taking the matter to the FOS and ICO if the creditor does not agree to backdate. And follow through with that threat if needed.

This is is very helpful and the link , I'm going to write to the creditor and request at the very least for the default to be back dated and send me a copy of the original notice.