Default added to credit file 3years later?

[j4mes]

Evening guys n gals

hopefully I'm posting this in the correct area. Basically I have had a default added to my credit file in September 2013. The default information states it was defaulted in January 2010 and it is listed by a company called mkdp llp. I am 100% sure this debt was defaulted by the original creditor, AA Financial Services on the default date but was never added to my credit record. I stopped paying them for the loan and did receive a notice of default but cannot find it. As I am only around 18months from the 6year limit, I don't want to rock the boat too much unless it will be constructive but should this one from mkdp llp be there?

[Bankers Reform]

Re: Default added to credit file 3years later?

Firstly I would edit your photo and remove all personal details.

As you probably know a default will stay on file for six years from date of entry so that will be 2019



EDIT: 6 years from original default which is indeed 2016 - Sorry

[j4mes]

Re: Default added to credit file 3years later?

Hi

thanks for the response. So I can get this right, a DCA can add the default 3years after the original default date? Is it not limited to how long they have to add it?

[Bankers Reform]

Re: Default added to credit file 3years later?

You say you have received a default notice but cannot find it, was this notice from the DCA or the original creditor?

For the DCA to report a default they need to send notice and they can then add defaults only after 28 days have expired.
So if the DCA have only recently purchased the debt then yes they can report defaults even after three years.

[j4mes]

Re: Default added to credit file 3years later?

It was from the AA themselves not a dca

[FlamingParrot]

Re: Default added to credit file 3years later?

thanks for the response. So I can get this right, a DCA can add the default 3years after the original default date? Is it not limited to how long they have to add it?

They can record the default at any time, for example, whey the bought the account, what matters is that the actual default date should be the original one, i.e. when you first defaulted on the account, not when they bought it, or got around to updating their records on your credit file.

This is what the ICO Guidance says:

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

As you wisely pointed out, you don't want to be awakening sleeping dogs, so I'd wait till the time when the default is meant to drop off - presumably by then the debt would also be statute barred, unless you've made payments after default.

You say you have received a default notice but cannot find it, was this notice from the DCA or the original creditor?

For the DCA to report a default they need to send notice and they can then add defaults only after 28 days have expired.
So if the DCA have only recently purchased the debt then yes they can report defaults even after three years.

A DCA wouldn't be issuing default notices since they would only have had the debt assigned after it had been defaulted. It is the original lender (bank, credit card, finance company, etc.) to issue the DN, not a DCA.