• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Creditor Refusing To Change Default Date

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Creditor Refusing To Change Default Date

    Long standing issue with Max Recovery/Drydensfairfax Solicitors.

    I have raised a complaint with the credit reference agency of an incorrect default date being registered as 3rd August 2012.

    I shoowed the CRA evidence from the original creditor MBNA that the default is the 1st June 2012.

    Max/Drydens have repeatedly refused this date saying they believe the date to be 3rd August 2012.

    I have raised a formal complaint with Max/Drydens today and have warned them that they need to record information accurately and I showed them the email from the original creditor confirming the default date should be 1st June 2012.

    If Max/Drydens keep refusing to change the date, what can I do after!?

    Will I be able to put in a claim for incorrect data!?
    Tags: None

  • #2
    Re: Creditor Refusing To Change Default Date

    Originally posted by Spellkaster View Post
    have raised a complaint with the credit reference agency of an incorrect default date being registered as 3rd August 2012.

    I showed the CRA evidence from the original creditor MBNA that the default is the 1st June 2012.


    It is a waste of time complaining to any CRA. You need to ask the creditor to correct it and if they won't, take the case to the ICO or the Financial Ombudsman.


    Will I be able to put in a claim for incorrect data!?
    Not unless you can show that you have actually lost money by this. not sure why you are bothered by this small difference? It will all be gone in August this year.

    Comment


    • #3
      Re: Creditor Refusing To Change Default Date

      Originally posted by Spellkaster View Post
      Long standing issue with Max Recovery/Drydensfairfax Solicitors.

      I have raised a complaint with the credit reference agency of an incorrect default date being registered as 3rd August 2012.

      I shoowed the CRA evidence from the original creditor MBNA that the default is the 1st June 2012.

      Max/Drydens have repeatedly refused this date saying they believe the date to be 3rd August 2012.

      I have raised a formal complaint with Max/Drydens today and have warned them that they need to record information accurately and I showed them the email from the original creditor confirming the default date should be 1st June 2012.

      If Max/Drydens keep refusing to change the date, what can I do after!?

      Will I be able to put in a claim for incorrect data!?
      Are you basing your date on the date a " default notice " was received or issued?
      nem

      Comment


      • #4
        Re: Creditor Refusing To Change Default Date

        MBNA told me in writing that they recorded a date of 1st June 2012 on the CRA.

        Max Recovery/Drydens are saying its the 3rd August 2012.

        The defaul notice gives a date of 7th September 2012. (I have copy).

        I'm just confused, but Max Recovery/Drydens are refusing point blank to change the date.

        Comment


        • #5
          Re: Creditor Refusing To Change Default Date

          I've found nine of your previous threads on this issue so maybe update the situation in one new post so help can be given based on the full background >

          Thread 1 > http://legalbeagles.info/forums/show...l=1#post731464

          Thread 2 > http://legalbeagles.info/forums/show...ect&highlight=

          Thread 3 > http://legalbeagles.info/forums/show...ice&highlight=

          Thread 4 > http://legalbeagles.info/forums/show...ion&highlight=

          Thread 5 > http://legalbeagles.info/forums/show...a!!&highlight=

          Thread 6 > http://legalbeagles.info/forums/show...ice&highlight=

          Thread 7 > http://legalbeagles.info/forums/show...f!!&highlight=

          Thread 8 > http://legalbeagles.info/forums/show...ors&highlight=

          Thread 9 > http://legalbeagles.info/forums/show...le!&highlight=

          Di

          Comment


          • #6
            Re: Creditor Refusing To Change Default Date

            Originally posted by Spellkaster View Post
            Long standing issue with Max Recovery/Drydensfairfax Solicitors.

            . . . . If Max/Drydens keep refusing to change the date, what can I do after!?

            Will I be able to put in a claim for incorrect data!?

            What would your claim be for (i.e. how would you quantify it) since from memory you were in an IVA until 2015 which is damaging your credit file and will remain visible until 2021?


            Originally posted by Spellkaster View Post
            I want the default removed as I feel its unfair.
            Originally posted by Spellkaster View Post

            Drydens don't owe the debt they are only the data processor.

            The data controller and owner is Max Recovery and their name is not listed as the defaulter.

            The date of default is 3rd August 2012.

            An IVA had been in place since 1st June 2012, and they were getting payments through that up until sometime in
            Originally posted by Spellkaster View Post
            2015 when I request to cancel the IVA
            due to being ripped off in fees.


            Wasn't the issue that the wrong business was reporting to the CRAs?

            Di
            Last edited by Diana M; 4th January 2018, 16:29:PM. Reason: problem with quote boxes :(

            Comment


            • #7
              Re: Creditor Refusing To Change Default Date

              Drydensfairfax Solicitors updated Noddle in March tis year about the default, however the same default was already listed with Max Recovery on Experian!!

              The original creditor is going to contact Drydens/Max Recovery to ask why they wont change the default date to the 1st June.

              I'm begining to wonder if they qont change the date because they know it will only give them 4 months to go for a ccj or whatever else they are planning on.

              However I have informed the firm that I have no money and I provided a detailed income and expenditure sheet and provided proof of benefit entitlement, they refused to write off the debt!!

              Comment


              • #8
                Re: Creditor Refusing To Change Default Date

                Statute barred has nothing to do with the date listed on your credit file btw. It is based on last payment or acknowledgement of the debt. Possibly in CCA debts the date of termination.

                You say the original default notice gives a date of 7th September 2012 by which to rectify or default. So the account shouldn't have defaulted until then, therefore in arguing this you might risk it prolonging for an extra month?
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  Re: Creditor Refusing To Change Default Date

                  This debt - and all the others in your IVA - will not be statute barred until 6 years after your IVA failed. The default date is totally irrelevant to this.

                  (For anyone wanting the source for this - it's Tanner v Everitt (2004) it was found that there is an implied term in an IVA that the limitation period ceases to run because creditors are prevented from taking enforcement action during an IVA)

                  Your creditors are not obliged to write off the debt just because you don't want to go for a debt relief order or bankruptcy.
                  Last edited by Debt Camel; 5th January 2018, 11:10:AM.

                  Comment


                  • #10
                    Re: Creditor Refusing To Change Default Date

                    And of course, you have the IVA ( Thanks DC I'd forgotten about the IVA also being in play here)
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Creditor Refusing To Change Default Date

                      [QUOTE=Spellkaster;770449]MBNA told me in writing that they recorded a date of 1st June 2012 on the CRA.

                      Max Recovery/Drydens are saying its the 3rd August 2012.

                      The defaul notice gives a date of 7th September 2012. (I have copy).

                      If the issue date on the DN 7 Sept: 2012 the actual default would be after that. Please post a redacted copy of the DN.

                      nem

                      Comment


                      • #12
                        Re: Creditor Refusing To Change Default Date

                        Legal proceedings have not yet been issued but the debt appears to be managed by solicitors.

                        My feeling is if the OP fights tooth and nail to get the default date established then they may be flagging up the potential Statute Barred date which could trigger a court claim when the debt owner realises the SB clock is ticking, although it'll be 2021 until that happens.

                        Sometimes it's better to keep your head down instead of being confrontational. At the moment it seems the debt owner is not chasing them for payment (I may be wrong).

                        Since the argument appears to be that the default date is showing prematurely, then 'correcting' it to a later date may only make matters worse if the OP feels it's damaging their CRA file (albeit as I pointed out in post # 6 there was an IVA which failed in 2015 so that may be viewed as more damaging to the credit file rating than this default) since it'll be on the credit file for longer.

                        It seems the OP is intent on claiming damages for this perceived error which is the apparent motivation for 'correction'.

                        My real concern is if the OP tries too hard to convince the debt owner and/or their solicitors (Shoosmiths) of the Default date (by sending them information from their MBNA SAR which the debt owner may not have access to) then they'll have shot themselves in the foot by giving them the information they need to reconstitute the DN needed to enforce the debt in court.

                        Pick your battles wisely 'pre-litigation'.

                        Di
                        Last edited by Diana M; 5th January 2018, 12:51:PM. Reason: typo

                        Comment

                        View our Terms and Conditions

                        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                        Working...
                        X