Incorrect Reporting on Cahoot DMP **RESOLVED**

[Confused Consumer]

Hi All I'll try to keep this brief.

 

7 years ago in Nov 2008 I ran into difficulty due to my husband leaving.

 

I had a cahoot credit card and bank account with overdraft. I asked them to freeze interest and fees so I can get my house in order.

 

They refused and referred me to a Debt Management Company. I approached CCCS. I didn't want to get out of the debt,I just wanted some help with clearing it down.

 

At the point the DMP started I had already missed 3 - 4 payments on each of the two debts. The DMP included minimal token payments. I increased these as I could over the years.

 

 

The bank account was cleared in 2013,

the CC in 2014.

 

I recently checked my credit file and was disappointed to see how Cahoot has been reporting this.

 

Bank Account - Showed years of 6 late payments each month and a Default was added in Dec 2010!

 

Credit Card - Showed reporting from 2011 only with 4 months of missed payments until settled in 2013

 

If for both the bank account and credit card Defaults had been correctly added in 2008 when I originally entered into a DMP then the debts would no longer appear on my credit file.

 

As it stands despite taking the responsible route of paying the debt off - I am actually worse off than if i'd not paid anything at all.

 

Seriously!!

 

Reading the Information Commissioners Office Guidelines Defaults should be added at the point there is 3 missed payments or at the point I no longer meet terms and agreement.

 

As fees and interest were frozen this should have been in 2008. Paying them back as resulted in a worse scenario for myself due to how they've reported this.

That's not exactly treating customers fairly its in fact penalising me for taking responsibility and paying them back.

 

I've pulled a letter together to Santander complaints,

their CEO and their COO to request that they report accurately and in truth the situation on my credit file.

 

I've specifically asked for a Default date to be amended on the Bank account to 2008 and one be added for the Credit card for 2008. If they do this both debts should remove from my credit file.

 

Just a note...I've not had any other credit since 2008 and have acted responsibly to improve my finances so I could apply for a mortgage now that I am clear.

No such luck thanks to Cahoot reporting!

Edited November 12, 2015 by Confused Consumer

[dx100uk]

sadly if you read the ICO guidelines of today

 

 

you'll find that they now make no ref to the timely default reporting.

 

 

as this occurred some years previous

you might be lucky.

 

 

dx

[Confused Consumer]

Wasn't aware there had been updated guidelines. If it still mentions that a DMP should not disadvantage a customer then it's still a strong argument I think.

 

It can't ever be encouraged to not pay at all as opposed to making arrangements to pay back. I'll let you know how I get on though

[ajs444]

Having same problem with my CRA file, showing default that must be about 2 years later than it should be, in fact after Santander took over the accounts.

 

Is it still not the case that under sections 86a-f of CCA it appears that they should issue the Default notice within 14 days of 2 months non payment ?

[dx100uk]

Nope a dn is simply permission to issue a default

They don't have to nor stick to anytime limit anymore

 

Dx

[Confused Consumer]

Hi, Just an update...pretty pleased with this result!

 

 

I sent the letters of complaint on Thursday and had a call from Santander yesterday.

They've agreed to change the default to 6 months after I first missed a payment.

 

 

This took me to May 2009 which still achieved the same result for me but meant they were within their own guidelines of default after 6 months

My credit files have been instantly updated. So are now clear and I'm now ready to apply for the right mortgage

 

 

They guy from Santander was pretty honest and said this is a common issue but it's difficult for them to get the right balance.

Some people never want the default and complaint about that then others complain when one wasn't added.

 

 

I fed back that from my perspective its about the outcome for the consumer.

..we should never be worse off than not paying any debts back at all.

 

 

I do think that DMP companies need to be clearer with their customers.

If I had understood the ramifications I would have been able to make an informed decision at the time of starting the DMP,

of whether to proceed and request that defaults are added to Santander or to declare bankruptcy etc.

 

 

But to all out there having a credit file nightmare...they are reasonable...it's just about how you approach them

[dx100uk]

hey great result.

 

well done.

 

makes a change for satans bank!!

[ajs444]

Well done!

 

I have been digging up some paperwork and statements and find I was issued with 3 default notices from Santander all on the same account, think I will have to send a SAR, as I think Cahoot may also have done the same.

[ajs444]

Well got reply from Santander where they admit last payment made was December 2009 and default was issued July 2011

 

They say this is correct and will not be altered, surely the new CRA guidelines are not retrospective?

[silverfox1961]

For information purposes, I found this on the ICO website which does deal with the reporting of defaults.

 

http://www.scoronline.co.uk/sites/default/files/high_level_prinicples_document_final.pdf

[ajs444]

The clause below,taken from the guidelines seem to cover this, I also believe that when the non payment took place (Dec 2009) Cahoot were still in existence and it is their failure that needs to be pinpointed.

 

The type of loan (Flexiloan) may also be subject of the exceptions.

 

4. If you fall into arrears on your account, or you do not keep to the revised terms of an arrangement, a default may be recorded to

show that the relationship has broken down.

 

As a general guide, this may occur when you are 3 months in arrears, and normally by the time you are 6 months in arrears.

 

There are exceptions to this which may result in a default being recorded at a later stage,such as secured or long term loans e.g. mortgages, or if the product operates in a more flexible way e.g. current accounts, student loans, home credit.

[ajs444]

I also see that when last payment was made in 2009 balance was approx £9000 but balance now shows £12302 and has been so since default date of July 2011.

[ajs444]

Santander been approached twice for removal which they refused to do, now with the ICO.

[ajs444]

Well success through the ICO, Santander have notified me that default date will change to June 2010, therefore will disappear from CRA file in June