Default updating with CRA's

[alangee]

If an original creditor/DCA either has a claim declared unenforceable by the courts, or they withdraw during the claim process, are they allowed to keep the default marker on with the CRA?

If so are they allowed to keep on updating that default?

Alan

[Never-In-Doubt]

Re: Default updating with CRA's

If an original creditor/DCA either has a claim declared unenforceable by the courts, or they withdraw during the claim process, are they allowed to keep the default marker on with the CRA?

If so are they allowed to keep on updating that default?

Alan

Yes they can leave it in line with McGuffick (v RBS) as it is a true reflection of the account conduct - the fact it's enforceable, unenforceable or otherwise matters little - the fact remains, you did have the account and did default on the account so it'll stay.

They never update it, it's one default per account so if the original default was 01.01.2000 it'll always be at that date. They can add monthly updates by way of "Last updated: XX / XX / 2012" as such but they cannot change the default date, no.