2 defaults for the same debt

[darcyleverfc]

I have just looked at my Equifax credit report to check on progress of defaults and noticed that 2 defaults have been put on for 1 debt.

 

here is the run down

 

Hire Purchase from Cabot Financial (Uk)ltd

Name XX XXX XXXXX

Date of Birth XX/XX/XXXX

Terms 0 @ £ 0 (Monthly)

Status Defaulted

Current Balance £ 5,662

Start Balance £ 0

Credit Limit £ 0

Default / Delinquent Balance £ 5,497

Start Date 10/04/2003

Date Updated 28/07/2009

Date Last Delinquent

Date Satisfied

Default Date 24/01/2007

Payment History

 

Hire Purchase from Gmac Uk Plc (I)

Name XX XXX XXXXX

Date of Birth XX/XX/XXXX

Terms 60 @ £ 146 (Monthly)

Status Settled

Current Balance £ 0

Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 5,497

Start Date 10/04/2003

Date Updated 05/11/2008

Date Last Delinquent

Date Satisfied 05/11/2008

Default Date 25/04/2006

Payment History

 

 

So Gmac defualted me on the 25th April 2006

but then..

Cabot defualted me on the 27th Jan 2007

 

What do I do from here with this one... Last time I made any payment or contact must have been October 2005 that I can remember and NO contact with Cabot about this in writing

[citizenB]

Ok, well the Default date CANNOT be changed.. You had an account with Gmac that was defaulted by them on 25.04.2006.

Cabot have purchased the account and are only permitted to UPDATE the default marking.. not enter a new default date.

You are saying that you have not made any payments to the account since October 2005 - this would make any balance statute barred = the debt is still there, but not collectable.

I think you need to contact Gmac by way of a Subject Access Request which will cost you £10.00. Your aim is to obtain as much information as you can, but almost certainly any reference to Default Notices and statements.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

HTH

[ginger whinger]

Hi Citizen B

 

I wonder if you can help me.

 

I have checked my Equifax report and it shows a default on my black horse account of 01.02.2010.

 

I have checked my file and the first default notice was issued on 24th june 2008.

 

I have asked Equifax to change it back to the original date and they have refused .

 

Am I right in asking them to change it back to 24.06.2008 ????

 

Ginger Whinger

[BRIGADIER2JCS]

No you must complain to the company that has

placed the defaults The CRA is only placing the

information provided by the creditor the are

unable to unilatterally amend or remove data.

Write a formal complaint to the Data Controller.

[darcyleverfc]

Ive just come back to this as forgot that I have it open.

 

I have not yet sent off a SAR, I am going to do this tomorrow. Would anyone have the address for GMAC that I need to send this to.

 

Also the entry has now dropped off my credit report and have just done a new one with noddle and its not on. The only entry now on is the Cabot one. How DO I get these idiots to get this off my credit file as its showing a default (when this is now 'gone' with GMAC) and £4,000 as outstanding.

 

Thanks

[brokebutnotbeatn]

see # 4. Same answer.

[darcyleverfc]

Would that be a complaint to the data controller for Cabot (who have put the 2nd default on) or GMAC who put the first on, that has now fallen off.

[BRIGADIER2JCS]

Yes you must always challenge entries

with the originating company.