Ace Catalogue wrong default date on credit files

[Gia]

My sister had an account with Ace catalogue, she received a default notice dated 23/09/06 she was given until the 07/10/06 to comply with the notice.

 

However upon checking both Equifax and Experian both CRA's have the default date listed as 28/01/07. Surely this is incorrect ? And the default date should be 07/10/06.

 

The default balance is also made up of many administration charges of £20 each, so can she go to the ICO as the balance is incorrect also? and Ace refused to refund them after several requests.

[renegadeimp]

Did she acknowledge some or any of the debt after the notice? A lot of times, the DCA will recontact her sever months/years later to get an acknowledgement so they can keep the debt alive.

[BRIGADIER2JCS]

My sister had an account with Ace catalogue, she received a default notice dated 23/09/06 she was given until the 07/10/06 to comply with the notice.

 

However upon checking both Equifax and Experian both CRA's have the default date listed as 28/01/07. Surely this is incorrect ? And the default date should be 07/10/06.

 

The default balance is also made up of many administration charges of £20 each, so can she go to the ICO as the balance is incorrect also? and Ace refused to refund them after several requests.

You/she must make a formal complaint to the creditor who originally placed the default first copy

the letter to the credit ref agencies, state the ICO guidance that if a default balance is made up

purely of charges and the account would not have been defaulted if the charges were not made NO DEFAULT should be placed.

[Gia]

I have sent a letter to Ace with a copy of the original default notice to prove the date of default.

 

I have not taken up the matter of the charges yet. My sister wrote to them in 2006 requesting a copy of her CCA as they had applied so many charges. They responded that they did not have a CCA for her account. My sister then made an offer to clear the balance she did actually owe, on the condition they first removed all charges, they refused and got quite stroppy, so she told them to go take a hike they would get nothing if this was their attitude.

 

She has not acknowledged the debt in any way since March 2006 so it is now SB. She just wants the default date corrected.

[BRIGADIER2JCS]

Hang on, the date on a default notice IS NOT THE DATE OF THE ACTUAL DEFAULT!!!

The DN gives the debtor a period of time to rectify the default, if the default is not

rectified then at some time after the expiry of the DN the creditor will place a default.

ICO guidance is that a default should be placed ''timely'' and states that this is considered

to be within 6 months of the cause of action (failure to rectify the default), my guess given

the dates that the default is correct.

[Gia]

Ah got you, so January would be three months after the date given to remedy the default. Making it within the 6 months. I thought if you did not remedy the situation by the final date on the notice you would be defaulted from that date.

[BRIGADIER2JCS]

That is the important principle of the DN

it gives the debtor the chance to remedy

and avoid a default placement.