Back dating a default

A question about : Back dating a default

Hi All,

Advice and experience needed.

in 2006 I got in a real financial mess and entered a DMP with PAYPLAN.

Most of my creditors defaulted me and have all since fallen off. However a couple of creditors haven't done so and continue to record negative info on my file as I am still paying into the DMP.

One particular example:

I had two loans with Northern Rock. They waited until 2009 to default one of these loans (all other creditors 2006/2007). The other loan has never been defaulted and is now in the hands of Marlin and continues to show on my file.

Do you think I can get this defaulted and back dated as it seems completely unfair that this debt was never defaulted? It is even more crazy that they defaulted one loan but not the other despite them both being in arrears and on the DMP?

Any advice or experience on this would be great.

Thanks!

Best answers:

• It being passed or sold to a debt collector is an unarguable case of a default. It should have been defaulted at the very latest when that happened.
• So is it possible to back date a default? These accounts have been in arrears since 2007, surely that's when they should have defaulted like the others I had?
  It seems being in a DMP and actually paying towards the debt at a reduced rate has ruined my file long term?!
• You should complain to the current owner, in writing, that the account should have defaulted within 6 months of the DMP. Especially if the payments were low compared to the contractual amount.
  They can backdate, yes. They may not. In which case you take to FOS.
  Not a quick process though, may take months if successful.
• Thank you.
  I have sent an email of complaint to Marlin saying it should have been defaulted latest 2009. I have also sent an email to Equifax and Experian saying the same thing.
  Anyone with a success story on getting a default back dated?
  Cheers
• I have had this response from Experian. Seems a bit odd that they don't have the power to register the default without Marlin's permission. I can see Marlin rejecting this complaint and continuing to trash my file with 6 late payment markers. Completely unfair.
  I am contacting the company concerned for you because Ican't amend the information without their consent. I'll let you know what theysay as soon as they get back to me.
  I'm also adding our standard dispute statement to thisinformation, which will appear shortly:
  "The consumer has disputed the accuracy of thisentry and we have therefore asked the provider to investigate it. Given thatthis data is disputed, please take care if making an assessment of any kindthat may include this data."
  As a result, anyone viewing this information will beaware that it's being disputed.
  If you have any further queries I can help with, pleaselet me know by return e-mail.
• Experian are correct. They report information that is passed to them from creditors/debt collectors etc. Which is why its usually best to contact the debt collector not the credit reference agencies to dispute an item.
  Here is a post from today of someone getting a default backdated (slightly different circumstance to yours) Default notice - is there a time limit for the default to be applied?
  More examples of people getting a default backdated and APs changed to back dated
  https://forums.moneysavingexpert.com/....php?t=4910894
  But also here are examples of people not being successful - https://forums.moneysavingexpert.com/....php?t=5163245
• Thanks Tixy,
  Do you think I have a good case? The fact that all my creditiors defaulted me back in 2007 and Nram defaulting the other account I had with them in 2009 and not this one seems totally unjust.
• I think it is definitely unfair.
  You should have a good case.
  You ideally need to persuade the debt collector or even original creditor to change it though, as recently it appears that complaints to the ICO won't always succeed. Hopefully the debt collector will either agree that is is unfair and be happy to change it, or won't yet be aware of the ICO's apparent change in stance.
• I have called Marlin
  They are flatly refusing to register the default, the guy said they cannot do it and continue to register the 6 late payment markers against the file as that is a correct reflection of the account.
  Now what do I do?
• I would have written to them, setting out in detail the reasons why it should be recorded as a default (refer to the ICO guidelines in place at the time as per advice on the F&F thread)
• Hi Tixy
  I have done that also, I followed up with a phone call and that was their response.
  I guess they have to reply in writing anyhow, so I will wait for their rejection on the matter.
  This is so frustrating.
• As this involves reporting before 2014 these guidelines from the ICO apply and should have been adhered to.
  https://www.experian.co.uk/www/pages/...n_defaults.pdf
  Quote:
• Marlin are particular awkward though, and would swear blind that they see everything as white in the middle of a black hole.
  You will likely have to to take them to the FOS and ICO.
  (not even they always see sense though)
• Thanks Fermi
  I have sent the below in follow up
  Further to my complaint below
  This account fell into arrears in 2006 these guidelines from the ICOapply and should have been adhered to.
  10 Indicators of a default
  The following indicate that a breakdown has occurred in most types of product (excluding those in the section on Exceptions at paragraphs 12-15). This list is not necessarily exhaustive.
• The account has been referred to a collection agency or in-house debt collection department.
• The account has been referred for legal action.
• The account has been included in a bankruptcy, IVA, or similar.
• The asset financed has been repossessed or instructions for repossession have been given.
• The lender takes or has taken steps to cut off the service provided (or would do so if they were not prevented on social rather than commercial grounds or by other regulations, codes of practice or statute).
• The customer has not made satisfactory proposals in response to a demand for repayment.
• The customer has given a clear indication, for example, by handing back an asset, that they do not intend to meet their contractual obligations.
• The lender has evidence that an account has been opened or used for fraudulent purposes by the applicant.

Quote:
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.
Quote:
• 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.
A record showing a series ofpayments as six months in arrears when this does not reflect the real paymenthistory should not be used as an equivalent of a default.
Therefore I firmly believe this account 575### it is inaccurate, unfair and not in accordance with the ICO guidance on filing defaults that was in place at the time and that in accordance with that guidance the default should have been registered nolater than May 2009 just like acct 561272 with NRAM was.
Please advise asap or I will be forced to take this up with theICO and FOS.

• original complaint below
  MARLIN FINANCIAL ACCT
  This account has been in arrears since 2006 when I entered aDMP with PAYPLAN. The original creditor was Northern Rock, who then becameNRAM. I believe you Marlin purchased the debt in 2013.
  I had 2 loans with Northern rock originally, acct numbers57### & 561###. In May 2009 Northern Rock issued a default against account 561### due to the DMP. They failed to register a default at the same time foraccount 575### when they should have done as both accounts were more than sixmonths in arrears not just acct 561###.
  Please can you adjust this and add the default for the other account back dating to MAY 2009 as I believe this account 575### it is inaccurate, unfair and not in accordance with the ICO guidance on filing defaults that was in place at the time and that in accordance with that guidance the default should have been registered no later than May 2009.
  Please advise?
• I am feeling rather demoralised with this, it just seems completely unfair. Punished for attempting to pay the debt back.
• Thinking a lot ahead and if they reject it. If I stopped the payments to them for 6 months would they issue a fresh default that I could get backdated by the agency? Play them at their own game?
• I would be scared to contact them incase i accidentally started the 6 year time period for acknowledging the debt, although i am not sure how that works exactly.
  I would think that the original approach should have been, 'who are you and what are you doing, i don't acknowledge any of this' to be on the safe side
  If it was me i would speak with a legal body to say you do not acknowledge this and want it removed and then maybe see if you can get any compensation for this being on your file and having a negative impact.