Default still showing on file after six years

[fever]

Just after some general advice as I wold like to take this as far as I can go - I am fed up of being treated like a second class citizen for a credit history long in the past!

 

Brief history, I had a default from a bank loan dated 05/04/03. I check my credit file online. On the 6th April I checked my experian file and the default had disappeared. I could not check equifax through my "checkmyfile" subscription until the 13th April as that was my update date, but I presumed that because the default date was 5th April 2003 the default would have been removed from my equifax file.

 

With this knowledge I went to order a new car this easter weekend, I had waited till all defaults were clear from my file to do this as I knew I could not get a decent credit deal for a new car with defaults on my files. I did manage to get a loan for a car, but at a rate a couple of percent higher than I would have expected. I presumed this was because I had some late payment markers still on my credit file from 5 years ago, though I was surprised as I had heard that anything over a few years that was settled would not have a great impact on your credit file. I have an impeccable credit history from April 2004, with no missed payments or any adverse markers at all.

 

Imagine my horror when I checked my equifax file on the 13th April through "checkmyfile" and I found the default from 5/04/03 still showing!. I checked the searches on the equifax file and I had two showing from companies checking my file through applying for motor finance on the 11th April.

 

I was incredibly upset about this as I have worked very hard to maintain a good credit history since I split up from my husband 5 and half years ago. So I wrote a message to checkmyfile asking them to contact equifax and have the default removed immediately as it should have been removed six years after the default date of the 05/04/03. I also asked their advice regarding compensation for the increse in finance costs I have had to pay as a result of this error. The reply I got was condescending to say the least;-

 

"Information remains on your credit file for 6 years from the date of the account closure, though it does tend to take an additional 28 days after the date for this to be reflected as removed from your credit file.

 

As you have the subscription service however, you`d expect to see it removed from your credit file when you receive your credit files next month.

 

It is entirely at a lender`s discretion whether or not they accept a person`s application for credit, and what interest rate the customer is offered. You may have been declined on the basis of the default, but there are also serious arrears on your credit file and these will have also been very off-putting to any lender."

 

Now don't get me wrong, I know I had arrears, but these are from 5 years plus, and all were settled 5 years ago!!

 

My question is - can I get the default removed immediately and

- can I get compensation for the error due to the extra finance charges I have incurred as a result of this error?.

 

This is not the first time I have had a problem with equifax, there showed me as on an "arrangement to pay" for three years when I wasn't and was paying the full contractual payments. I really want to get this sorted and get the information removed now and not in 28 days.

 

Hopefully someone with experience of this might be able to point me in the right direction. All replies appreciated! thanks

Edited April 14, 2009 by fever

[blueda]

Hi fever and welcome to CAG, as you say the letter is very condescending to say the least, so they are saying it takes 28 days after the default period to come off their file. Contact the Office of Fair trading and make a complaint. Keep us posted.

[tommy271007]

It should be removed automatically after 6 years!! Defaults do not have any basis on law or statute to be on credit file for 6 years - CCJ and Bankruptcies do!

[militantconsumer]

I think the key excellent point here is that you are going to be able to show proof of a loss - which is crucial in a successful court action for damages.

 

If it went to court, the car finance company would be obliged to reveal their decision making process, and you would get to find out what rate you would have achieved without the default still showing.

 

Of course, that doesn't mean they aren't allowed to keep data on your file for 6 years + 28 days. That is a separate question, which somebody may be able to advise on.

 

CRAs are carrying on how they like with no risk of challenge - we are long overdue some test cases!

[vjohn82]

The problem you have here is proving that the adverse information affected your application with the car finance company. Their advertised APRs and interest rates are not always available either which confises the matters... their advertised offers are an invitation to apply for credit and not binding. It's basic law really but I don't think you have much of a leg to stand on.

 

It is right that the default should be removed after 6 years though.

[militantconsumer]

The problem you have here is proving that the adverse information affected your application with the car finance company. Their advertised APRs and interest rates are not always available either which confises the matters... their advertised offers are an invitation to apply for credit and not binding. It's basic law really but I don't think you have much of a leg to stand on.

 

The point is that if this went to court they may have to disclose details of this process - you have to disclose everything at court.

 

Reason enough for them not to want it to go that far.

[vjohn82]

The point is that if this went to court they may have to disclose details of this process - you have to disclose everything at court.

 

Reason enough for them not to want it to go that far.

 

I'm not sure they would have to disclose their credit scoring processes as they are not the company in the wrong... or am I missing something?