How long does a company have to register a default with CRA?

[MLPA2168]

Hello,

I had a payday loan in Jan 2009 for £195. Never paid it back. Got a few letters from the company and a default notice sent in the post in March 2009. Following that never heard any more and the details of the loan and my failure to pay it back were never entered on any 3 of my credit files...until I checked Noddle yesterday. It has stated the £195 debt has been defaulted on 01/12/12. Five weeks short of four years from the original loan date and 45 months after the last correspondence I received from them.

Never contacted since February 2009 when I told them I couldn't pay it back and never paid anything at all.

I appreciate why they would have added a default to the CRA's in 2009 as that would have been fair. I never paid the debt. However I am a bit peeved of that nearly four years later it is now showing which means I will have it on my file for another six years I believe?

Do I have any recourse to tackle this entry? Anyway of trying to get it removed. I have looked through this great website and see that Niddy has mentioned ICO guidelines stating the entry should be registered within six months of last missed payment (I think that's what he said, however I stand corrected if I am wrong). However if this is just guidelines are they unenforceable? Can I do anything else?

I am now wary the other PDL's I took that never registered with the CRA's might start popping up on my file...stop any chance of me getting a mortgage

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

I answered this exact same point earlier --> Default Removal - Almost there! I think.... - allaboutFORUMS

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

I am now wary the other PDL's I took that never registered with the CRA's might start popping up on my file...stop any chance of me getting a mortgage

Oh forget a mortgage if you have defaults, you've more chance of getting a Northern Rock loan

Seriously, you need to be squeaky clean nowadays - very few get accepted for mortgages so they pick and choose their customers.

I'd be saving for 6 years and waiting... get a bigger deposit.

[Richard999]

Re: How long does a company have to register a default with CRA?

I have a similar problem !

I took an HP agreement with LloydsTSB in 2003 but stopped paying in 2005 due to being out of a job. I have a default notice letter dated 2005 which should have dropped off the CRA file now but on checking Equifax file there is a default from Lloyds dated 2010 !!

The strange thing is the records show payments of £ 50 per month being made until 2010 - these were not made by me - the payments under the agreement should have been £ 238 per month. Total mystery !

I should do an SAR ? Just haven't had time and not too bothered about Equifax as most of the main lenders don't seem to use them at the moment anyway ! I have a few unwanted issues showing on Equifax none of which appear on Experian which is odd but good !

Rich - in name not in reality ......

[MLPA2168]

Re: How long does a company have to register a default with CRA?

I answered this exact same point earlier --> Default Removal - Almost there! I think.... - allaboutFORUMS

Sorry must be frustrating when people don't search for previous posts!!

Basically it sounds like bugger all will happen about it getting removed even if I go to the FOS..it certainly isn't within a reasonable time period though.

Plus I am now crapping myself loads of other pathetic little PDL's might come out the woodwork and do them same?

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

Ermmm, mate ALL the main lenders use Equifax, moreso than Experian

Who told you otherwise...?

See this --> Which Lender searches which Credit Reference Agency - allaboutFORUMS

That is outdated a bit (info is accurate though) but still, speaks for itself....

If you have proof of default letter then sod SAR, send a complaint to the CRA in question with a copy of it and tell them it was defaulted in 2005 as per the attached so why the hell is it reappearing? Tell them to remove it and see what they say - you can do that online by querying the data (in your CRA report)

[MLPA2168]

Re: How long does a company have to register a default with CRA?

Ermmm, mate ALL the main lenders use Equifax, moreso than Experian

Who told you otherwise...?

See this --> Which Lender searches which Credit Reference Agency - allaboutFORUMS

That is outdated a bit (info is accurate though) but still, speaks for itself....

If you have proof of default letter then sod SAR, send a complaint to the CRA in question with a copy of it and tell them it was defaulted in 2005 as per the attached so why the hell is it reappearing? Tell them to remove it and see what they say - you can do that online by querying the data (in your CRA report)

In my case I've contacted the company and requested a NOD. If they provide me one and it shows they sent the default in March 2009 can I then send a copy to the CRA's to try and get them to change the default date they have registered with them from Dec-12 to Mar-09?

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

Sorry must be frustrating when people don't search for previous posts!!

Basically it sounds like bugger all will happen about it getting removed even if I go to the FOS..it certainly isn't within a reasonable time period though.

Plus I am now crapping myself loads of other pathetic little PDL's might come out the woodwork and do them same?

Well now you've found us so don't worry about others, come post here before replying.... I complained to the FOS and I had them in a right fizz but still, they found against me (wankers) - see below, that is on my file cos they closed my account for no reason and I refused to pay....

Look how long till they defaulted me - almost 3 years but FOS said it was fine fools.

ps that is also statute barred

[Richard999]

Re: How long does a company have to register a default with CRA?

Thanks Niddy

The Lloyds one is strange but I will try to sort it - have the DN in black and white dated 2005 !

As regards Equifax all the info I can find ( including your work on the subject ) shows that many lenders only use Experian for searching purposes eg Nationwide although they often report to all !

Rich

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

So they got a default, wow - I saved 2 and a half grand so who won that, really?

Try and see things from that angle... seriously, you'll laugh when you stop worrying about your credit file. I started this forum with over 50 defaults or something mad like that.... none were mine back then, victim of ID fraud and I have spent 5 years fighting to clear my name then I get this - it's laughable

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

Thanks Niddy

The Lloyds one is strange but I will try to sort it - have the DN in black and white dated 2005 !

As regards Equifax all the info I can find ( including your work on the subject ) shows that many lenders only use Experian for searching purposes eg Nationwide although they often report to all !

Rich

Ahh NW do search Experian but they report to all, yes but see when it comes to mortgage - see this

--> Miss Muddle's UE Diary - Page 7 - allaboutFORUMS

They are very strict mate

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

Thanks Niddy

The Lloyds one is strange but I will try to sort it - have the DN in black and white dated 2005 !

The DN, ie a default notice served under s.87 of CCA 1974..? Is that what you mean?

If so, that is not the same - I explained this here (look up) --> Default Removal - Almost there! I think.... - allaboutFORUMS

A DN with the CRA's is entirely different to a CCA Default Notice (s.87/s.88 CCA1974) - totally different in every capacity.

[MLPA2168]

Re: How long does a company have to register a default with CRA?

Well now you've found us so don't worry about others, come post here before replying.... I complained to the FOS and I had them in a right fizz but still, they found against me (wankers) - see below, that is on my file cos they closed my account for no reason and I refused to pay....

Look how long till they defaulted me - almost 3 years but FOS said it was fine fools.

ps that is also statute barred

[ATTACH]7770[/ATTACH]

That's ridiculous!!!

Out of interest if they had sent you a notice of default in 2005 but only registered it in 2009 could you have tried to get it back dated with the CRA's to 2005 on your file so it dropped off earlier.

You saved £2.5 k though!!

Sorry correction...just saw your post about default notice served under s.87 of CCA 1974

[Never-In-Doubt]

Re: How long does a company have to register a default with CRA?

That's ridiculous!!!

Out of interest if they had sent you a notice of default in 2005 but only registered it in 2009 could you have tried to get it back dated with the CRA's to 2005 on your file so it dropped off earlier.

You saved £2.5 k though!!

See my last post lol - forget the notice of default if it was a s.87/s.88 CCA DN.

[MLPA2168]

Re: How long does a company have to register a default with CRA?

See my last post lol - forget the notice of default if it was a s.87/s.88 CCA DN.

Yeah I sent the first post without noticing your comment on s.87/88 so edited it.

Is their only one type of default the send in the post then - the s.87/s.88 CCA DN and this has bugger all to do with the Credit Reference Agencies..is that right?