DCA on Credit File - Now Vanished

[Duffers Mum]

I had an entry on my credit file with a DCA, it had not been updated for approx 2 years, no default had been registered. I checked my credit file on Wednesday and it was still showing, but today it has vanished

 

The DCA did advise a couple of years ago that the original creditor (Goldfish) had said they could not provide a copy of the agreement, they also said the account was recalled to the original creditor, however nothing happened and it sat on my credit file for all that time with no interest or anything being added.

 

Its rather strange...should I expect an entry from the original creditor back shortly, or another DCA? I was hoping it would sit there dormant until it was statute barred, but that doesn't like likely now

 

Has anybody else had similar on their credit file?

 

Thanks

[FORMISTER]

I have had a similar situation and the default reappered under a different DCA

[Duffers Mum]

thats what I was worried about...I had a default notice from Goldfish originally but it was never registered on my credit file...will another DCA be able to register one?

[FORMISTER]

A default should be registered within 6 months on your credit file

[Duffers Mum]

So, as one was never registered, they can't do it now? Is that correct? (Not that it probably worries them anyway as they generally do what they want to )

[FORMISTER]

No, if it hadn't been registered in a timely fashion then they can't register it now

[Duffers Mum]

Thank you will keep an eye out on my credit file for searches from dubious DCA's and await the post with interest...was kind of hoping they might just have written it off

[cerberusalert]

Only the original creditor can register a default, as said above in a timely period within six months. A DCA can only update a default after it's been registered.

[molly13]

Hi,

 

I made a complaint to ICO regarding a default that suddenly appeared on Experian in January 2010.

 

The account was allegedly defaulted, no default notice, in 2007.

 

A complaint was made to ICO and I got their response on 20th February 2011.

 

"In response to your complaint that **** is inaccurately reporting a default account entry on your credit reference file. It appears that the default account was not reported on your CRF at the time of default and only appeared on your file approximately three years later.

From the information you have provided it seems likely that *** has complied with DPA in this case. This is because the DPA does not presceibe that lenders must report an account to CRA. AS long as the information is reported accurately when it is reported then they will be in compliance with the fourth principle of the DPA. From the information you provided in support of your complaint there is no indication that *** are reporting this account inaccurately. The fact that they do not appear to have reported it at the time of default is not evidence that the default is inaccurate".

 

So it would appear that Defaults can be registered with CRA, whenever a company likes.

 

3 years down the line in my case.

 

Regards

Molly:-)

[cerberusalert]

Well obviously the ICO don't read their own guidance. See section 11 page six http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

11 Time framework

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.



Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.



Accounts should normally be filed as being in default where those payments due have not been received for six months.

This time framework only relates to filing defaults. It does not affect the lenders’ ability to continue to report accurately on the extent of arrears using monthly status codes. We recognise that may not always be appropriate for products which advance credit over either a very short or very long-term.

[molly13]

When I phoned the ICO initially, they completely agreed that there was a breach and told me that they would occasionally allow up to 12 months in certain circumstances, and to file the complaint. They also told me to check the other CRA's to check if the default appeared on ther, which they didn't.

[FORMISTER]

What hope do we all have when we've got judges who don't know the law, commissions who don't know their own guidelines and DCA's who don't care about either

[cerberusalert]

When I phoned the ICO initially, they completely agreed that there was a breach and told me that they would occasionally allow up to 12 months in certain circumstances, and to file the complaint. They also told me to check the other CRA's to check if the default appeared on ther, which they didn't.

You can always escalate your complaint to the ombudsman.

[alfwithhair]

I have had similar happen recently

Barclaycard (or rather mercers issued default notice ) Sept 2007.

It was never registered with the CRA's

They then sold the account to Lowells Dec 2009

They never recorded it until Jan 2011, but is start date is marked sept 2007.

I complained to CRA's & ICO and got the same response as in post #9.

[Duffers Mum]

I won't worry if they put the original date on it, because its 3 years old...all my defaults will drop off in 3 years time and I don't want one suddenly appearing that will muck up my file for a further 3 years...I suspect this one may have been returned to Goldfish who I think are now Barclaycard, I will wait to hear from them. My only saving grace is that I am due a lump sum soon and think I will probably then go to the DCAs with a F&F offer (obviously a very low one)...I always said I would not pay a DCA, but to tell the truth I would rather just be shot of them. Barclaycard are the only one of my debts who accepted a F&F settlement when I originally offered them, Sainsburys and M&S refused, although M&S are still accepting token payments and its still in house, they will be the first ones I go to as at least they have been understanding...The Sainsburys one is with Cabot and they keep heaping on the interest on the back of a Recon agreement which is so useless its laughable, whilst saying they have gone back to Sainsburys for the original agreement (which Sainsburys couldn't provide me with anyway).

 

Its all a learning curve and one I'll not let happen again!

 

I'll keep you posted about where this one ends up!

[Duffers Mum]

Still nothing showing on my credit file for this one...and no new searches either. Must admit its all rather strange, I didn't think entries ever got removed from a credit file, only updated by subsequent owners/collectors of the debt.