A Default occurs when an account has had consecutive missed payments and is subsequently closed by the lender. When the lender considers that the relationship between you both has broken down, it can record a default. A Default date will be recorded on your account and it will then remain visible on your credit report for six years from the Default date. After this time has passed, the default is removed from your report automatically - even if the full amount still remains unpaid.
What is an Unfairly Marked Defaults?
We provide professional advice to people who are unfairly treated by their lenders in terms of marking defaults on their Credit Files; this could be either mistakenly or due to an unfair reason.
Default Might Be Marked Against Your Name Mistakenly: If you feel that you are not familiar with the account which the Default is marked against, then it is definitely worth taking the matter up with the reference agencies and respective creditor. In some instances, it may simply be a mix up, as a lot of the cases we receive are caused by people with the same name living at the same address, but it could also be a case of identity fraud (see below). We can verify the unknown accounts with the original lenders on your behalf.
Default Might Be Marked Against Your Name Due to Identity Theft: If you believe that you have been a victim of fraud, you should report it to the relevant fraud departments of the organisations involved. As fraud is a crime, you should also consider reporting the issue to the police - if they are not already aware. However, if a lender has acknowledged that an entry on your credit file relates to a fraudulently operated account, but refuses to remove the entry, we may be able to look into a complaint about the fairness and relevance of this entry remaining. We shall make an official complaint against the lender on your behalf to remove the alleged fraudulent entry from your Credit File.
Default Might Be Marked Against A Disputed Account: There are some instances where a Default is marked against your name for a disputed account. We can help you to retrieve the final response letter from your lender and if your complaint is upheld then the Default will be deleted.
Default Might Be Marked Twice Against One Account: We have experienced some cases where a Default was unfairly marked twice against the same account. The original lender may have closed the account and sold the debt to a debt collection agency and marked the default when the borrower was in breach of the terms of the agreement. After several years, the debt collector then marked a fresh default against the same account. Under the Consumer Credit Act one account can be marked as defaulted only once in its term.
How can we Help?
We can ask your lender to send us the detailed subject access report along with justification for reporting this to credit reference agencies. Any discrepancies found will be reported to the lender and we will make a request on your behalf to remove the information under CNOC 7.13.3 “A firm must endeavour to ensure that the information it passes on to … a credit reference agency is accurate and adequate so as to facilitate the tracing and identification of the true borrower or hirer.”
Under the light of Consumer Credit Source Book Chapter 7 (Arrears, Defaults and Recovery) and Principles for reporting Arrears, Arrangements and Defaults on Credit files by Information Commissioner Office (ICO) Guidelines, if we evaluate that it is unfair for a Default to be marked on your credit file then, we may request the creditor to remove the default and/or pay compensation for any upset they may’ve caused.
If the original lender is advised about an obvious inaccuracy about the default however, the lender is unwilling to correct, then we may expedite your case with the lender, Financial Ombudsman Service (FOS) or Information Commissioner Officer (ICO).