Defaults

[NORTHERNGUY]

Hi , I was wondering if you have a default registered on your CRA file , and after the 6 year period it falls off , can this be re entered , whether or not its paid up?

thanks

[rory32]

Lawfully you can only default an account once.

[NORTHERNGUY]

I have recently checked equifax and experian , the default has gone yet on callcredit is still showing even though I thought would drop off.Is this right?

I know callcredit arent a big player , but a credit card I have told me a CRA has negative info on me , and it can only be callcredit. I notice the credit card company do report to callcredit so it must be info from them.

By the way ,I only approached my credit card company to ask them to drop my interest rate. Any advice would be appreciated.

[nocredit]

Do callcredit have the same default date as the others did? Sorry I'm no expert but... I'm sure they're in breach of data protection act if they're showing information that is innacurate & or may cause damage to the data subject?

I think thats section 12 of the act but i couldnt tell you where it says they can only keep your default on record for 6 years; but its in there somewhere!

I'm in the process of writing to all the ref. agencies to instruct them to stop automatically processing my data. Maybe you could do this with callcredit until you get to the bottom of it?

I've got a link to the thread about this if you need it

[NORTHERNGUY]

Back to the same - CallCredit are still showing the default , which should have came off on December 14th 2007. Equifax and Experian , it is not showing on . On my summary with Checkmyfile.com , its also showing , I have queried this with Callcredit through the message system over a week ago and had no reply - any idea if I am within my rights and if I should now write to them quoteing any legislation?

[nocredit]

I read up about the 6 year period; apparantly there is no section of the data protection act that says it is 6 years; apparantly the 6 year period was in existance from 1971 and has been adopted as standard industry practice. The information commissioners office apparantly supports the Credit reference agencies in their practice of using 6 years as what the Data Protection Act describes as a 'reasonable' time period. I know this from reading other threads where people on CAG have challenged the 6 year time period as being unreasonable & the info. commissioners office have not upheld the complaints (as far as I am aware).

On these grounds you could challenge the credit reference agencies and either take them to court or complain to the ICO that they are processing your data in excess of the recognised 'reasonable' time frame of 6 years.

I have my own complaint currently with the ICO over a default issue; I sent the form in early December 07 & when I phoned to enquire re; progress I was told that due to the ICO's workload it probably wouldn't be looked at by the relevant team until 6 months after submission!

Apparantly court takes about 4 months from submission of forms to hearing.

Either way you could issue them with a formal notice under the data protection act to cease communicating your data & include a notice period whereby if they've not complied (and confirmed this to you) you will begin court proceedings or complaint to ICO.

good luck & let us know how you get on

[nocredit]

Also, if you go on the Information Commissioners Office website you can order the booklet detailing the data protection act & your rights/ how to complain etc; I found this useful for reference about which part of the act to quote etc

[NORTHERNGUY]

Thank's - first I will reite a letter to Callcredit asking why its still showing and why they have not responded within there messging system.

see what reply I get. I notice though on the summary page , it shows no 'active' default only when you look at credit agreements , I thought maybe it was a mistake until checkmyfile.com give me my monthly update and it was still being reported by callcredit.

They must have a different system to Equifax or Experian.

I also notice that some credit companies actually take a feed every month from your credit file when they update , so they can see your file without doing a credit search.

Do anyone know more about how this works?