Amex wrongful default

[Kandis]

Hi,
After checking my credit report yesterday, Amex have been very naughty and entered a new default date! This is not allowed is it? It was defaulted around about 2008/9 - was passed to every DCA known to man, now the acct has come back to me, fair enough - but no way do I want the new default date! They can't default me twice on the same debt? What do I do about this please.
Thank you.

[Guest]

Re: Amex wrongful default

Nope only one default date(the earliest), contact them and get them to rectify.

[Kandis]

Re: Amex wrongful default

That will be fun, they will fob me off! Cheeky blighters! Thank you - will write to them.

[Kandis]

Re: Amex wrongful default

Oooh they haven't done this! Just slapped a new default date without telling me!

32 Lenders should tell their customers about filing information with a credit reference agency as part of the account opening procedure, in line with the requirements of the ‘fair processing code’4. This explanation will not normally refer explicitly to defaults and will often be distant from the events which cause them. Therefore we strongly recommend that a notice of the intention to file a default should be served. Many lenders now subscribe to trade association codes of practice which require this. This practice helps the transparency of the credit reference process and may even prompt payment, so avoiding the need to file a default at all.

[Nibbler]

Re: Amex wrongful default

Few questions:

Do you have a credit report showing the original default and it's date?

Is this a new default under Amex's name or a change of default date on the pre-existing one (if you can tell)?

Or is it a new default in the name of a DCA?

If you can post up the details of both the old and new then that would be helpful.

[Guest]

Re: Amex wrongful default

It doesn't make any difference of course to the correct default date. Any agreement can only be defaulted once, and once it is default it cannot be un-defaulted.

So the earliest date would be the correct one.

[Nibbler]

Re: Amex wrongful default

Yes, but want to double check exactly what has happened here and who has done it.

For example I went though ages trying to help someone a few months ago and it turned out the were reading the "last updated" date by mistake. Other times people have assumed that the monthly status markers of a D or 8 are new defaults, when in fact they are not. Or a new default by a DCA is not always wrong if the details are the same as the original is marked as assigned to CAIS member etc etc...

[Guest]

Re: Amex wrongful default

Yes, but want to double check exactly what has happened here and who has done it.

For example I went though ages trying to help someone a few months ago and it turned out the were reading the "last updated" date by mistake. Other times people have assumed that the monthly status markers of a D or 8 are new defaults, when in fact they are not. Or a new default by a DCA is not always wrong if the details are the same as the original is marked as assigned to CAIS member etc etc...

Yes i have come across that also OTR, however the important thing I suppose is that it falls off six years after the earlier(not the later) date.

Generally as far as credit scoring is concerned, a default is a default, unless there is some odd circumstance, it matters little to a prospective creditor whether it looks like is was placed there last week or five years ago, I have found.

[Kandis]

Re: Amex wrongful default

Ooops! Just checked report again and you are correct - I read it wrong! Sorry! It was "update" So sorry!!! You had to tick on the box and it shows the default date.

[Nibbler]

Re: Amex wrongful default

Ooops! Just checked report again and you are correct - I read it wrong! Sorry! It was "update" So sorry!!! You had to tick on the box and it shows the default date.

No problem. It's an easy thing to do.

Glad it was just an error.

[Amethyst]

Re: Amex wrongful default

lol, thanks Nibbler xx