2 defaults on the same account

[chrs786]

hi thanks in advance firstly i ordered my credit report in 09/02/2011 and i had a loan with a company called welcome finance start date was 23/03/05 which i defaulted on 07/09/2007 and it also says on my report when i got it. and recently i ordered another copy of my credit report dated 04/09/2013 on that report welcome finance is not showing instead of them company called MKDP LLP placed a default on 01/01/2010 with a start date 23/03/05. which they brought it of Welcome finance. i send an email to the experian credit agency about this matter and they said they would look in to it and let me know. any other suggestion guys. much appreciated.

[Nibbler]

Re: 2 defaults on the same account

So to be clear, MKDP have replaced the Welcome entry with their own, but with a recorded "default date" more recent by around 3 years?

They are allowed to have the default record changed into their name if they have purchased the debt, but they must not change the default date. That must stay as per the original.

Given the dates here, are you currently waiting for the debt to be statute barred? If so then may be wise to avoid contacting MKDP directly to dispute until you are certain it is. It seems to be a ploy of some debt collectors to enter an incorrect recent default date on nearly statute barred debts, knowing that many people will make contact to dispute the default and date without realising it is about to become SB.

[chrs786]

Re: 2 defaults on the same account

thanks for the reply NIBBLER what shall i do now how long do i have to wait so that it comes of my credit file. and also one question i had a credit card from Barclays start date on it says 28/04/2003 and i didnt make any payment to them since 2005 and a company called Lowell Portfolio limited placed a default on the account on 17/08/2009. any suggestion guys . on my recent credit report from experian show only mkdp llp default on it for welcome finance. and on equifax it shows for mkdp llp and welcome finance and also lowell.

[Nibbler]

Re: 2 defaults on the same account

For the ones you are sure are statute barred, then you can dispute the defaults dates as being inaccurate and demand that they are corrected. For example, for the Lowell one if that is correctly changed to be around 2005/6, then it would disappear off your file when corrected.

You would complain syaing that the default date recorded is inaccurate and not a fair reflection of the account history, and is causing the entry to be processesed by the CRAs for longet than is neccessary. Say that if they do not correct it then you will take it forward as a formal complaint to both the Information Commissioner and Financial Ombudsman.

If for say the welcome one you are not sure it's statute barred yet, then you can afford to wait a while until you are sure before challenging the default date.

[chrs786]

Re: 2 defaults on the same account

thanks for your support mate just a another regarding lowell just been on my equifax report i opened notice of correction about lowell there was a message form lowell saying that last payment on the card was 06/12/2006 and they put a default on 17/08/2009 is that possible i thought i should be within 6 months of the last payment.

[Nibbler]

Re: 2 defaults on the same account

Not always 6 months in some cases, but in a case like this there is no excuse for dating the default later as there is no argument over the fact of the default based on any of the definitions under ICO guidance. A default 3 years later is simply not accurate. You could write saying something like.

- The default date recorded is inaccurate and does not correctly represent the account history.
- As a result Lowells are in breach of their duties under the DPA and ICO guidance to record accurate data, and as a result they are causing the information to be processed by themselves and the CRA longer than is necessary under the DPA.
- You require then to correct the default to within x months of x within 28 days.
- Failure to do so, or any attempt to avoid correcting or justify recording clearly inaccurate data will not be accepted, but will instead result in a complaint to the ICO and eventfully the FOS.
- As you envisage taking the matter to the FOS and the ICO if they fail to correct the information, you require them to send you a copy of their complaints procedure and a final response.

[chrs786]

Re: 2 defaults on the same account

thanks for the reply mate sorry for all the trouble i am causing you mate. just checked my equifax report again today welcome finance not showing only lowell and mkdp llp.
this is the report for 10/09/13 :
MKDP LLP
Loan from Mkdp Llp (I) / XXXXXX8800

0 @ £ 0 (Monthly)	Defaulted
£ 1,090	£ 0
£ 0	£ 1,080
23/03/2005	23/02/2012
01/01/2010

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

2
LOWELL
Credit Card from Lowell Portfolio 1 Ltd (I) / XXXXXXXXX5025

0 @ £ 0 (Monthly)	Defaulted
£ 537	£ 0
£ 0	£ 537
28/04/2003	20/10/2009
17/08/2009

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

Welcome Finance

Loan from Welcome Financial Services Plc (I) / XXXX984P

25 @ £ 93 (Monthly)	Settled
£ 0	£ 0
£ 0	£ 1,030
23/03/2005	26/03/2008
	26/03/2008
07/09/2007

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

and this is from today 12/09/2013
MKDP LLP


Loan from Mkdp Llp (I) / XXXXXX8800

0 @ £ 0 (Monthly)	Defaulted
£ 1,090	£ 0
£ 0	£ 1,080
23/03/2005	23/02/2012
01/01/2010

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

2 Lowell

Credit Card from Lowell Portfolio 1 Ltd (I) / XXXXXXXXX5025

0 @ £ 0 (Monthly)	Defaulted
£ 537	£ 0
£ 0	£ 537
28/04/2003	20/10/2009
17/08/2009

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

what kind of letter to write and to whom any suggestion. thanks

[Nibbler]

Re: 2 defaults on the same account

A letter making points along the lines of the ones in post #6 I would think?

MKDP have clearly and deliberately recorded a false default date replacing the original. Lowell may well have done similar based on the information you posted earlier. Either way, both dates are inaccurate and hence a breach of obligations under the DPA.

As said, if/when you are sure accounts are statute barred then you can write demanding correction.

[chrs786]

Re: 2 defaults on the same account

thanks for the reply mate. according you point of view by looking above reports do you think them accounts are statute barred.

[Nibbler]

Re: 2 defaults on the same account

Credit reports are not a reliable way of deciding that. Payment history on them frequently does not reflect the reality of what happened, and default dates recorded on the originals have no meaning regarding when a debt becomes statute barred. They can be recorded many months before or after the last acknowledgement or payment, depending on what happened at the time.

The only real way to know is to check your own records if you have or can get them. Or if you recall with some clarity what happened and when.

If you are not sure, then you perhaps just leave it until you feel enough time has passed for you to be sure? Only risk with that is if they started court action due to you ignoring them. A small risk possibly, but both MKDP and Lowell do on occasion take court action, so "never say never".

[chrs786]

Re: 2 defaults on the same account

hi guys i spoke to financial ombudsman in regards to my debt they said that dca mkdp llp can place their default date and replace the original default thats been placed by welcome finance. and i told them my last payment to barclay card was in dec 2006. and lowell placed a default on the account on 2009 and no payment was made on the account or i acknowledge the debt. should the account be statue barred he said no because the dca dont know my new address so it cannot be statue barred.

[Nibbler]

Re: 2 defaults on the same account

The FOS are talking complete bollox on both counts.

[Nibbler]

Re: 2 defaults on the same account

(1) Wait until you are sure the debt is statute barred.

(2) Then write to the DCA making the points in post#6

(3) Then if they refuse to remove or correct take the matter to the FOS AND ICO. Hopefully at that point your complaint will get given to an adjudicator who has a clue what they are taling about, as the one you spoke to obviously does not.

[FlamingParrot]

Re: 2 defaults on the same account

hi guys i spoke to financial ombudsman in regards to my debt they said that dca mkdp llp can place their default date and replace the original default thats been placed by welcome finance. and i told them my last payment to barclay card was in dec 2006. and lowell placed a default on the account on 2009 and no payment was made on the account or i acknowledge the debt. should the account be statue barred he said no because the dca dont know my new address so it cannot be statue barred.

That goes to show the bias on their part.

SBd has NOTHING to do with knowing your new address, although I can see what they are trying to imply: that if they haven't contacted you in 6 years, it's because they don't know where to find you.

But that interpretation of the 'law' is completely wrong, see this for reference: http://www.nationaldebtline.co.uk/en...limitation_act

Unsecured credit debts

Unsecured credit debts are things like credit cards, store cards, personal loans and catalogues. When using the Limitation Act, these debts are often called ‘simple contract debts’.

The Limitation Act says that the limitation period for simple contract debts is six years.

The cause of action (when the limitation period starts running) for simple contract debts, is usually when your agreement says the creditor is able to take court action because you have fallen behind with payments. This is normally after one or two missed payments. Sometimes, a debt will have no set repayment time. For these sorts of debts, working out the cause of action is more difficult. Phone us for advice.

A simple contract debt will normally be statute- barred if:

• the creditor has not already obtained a county court judgment (CCJ) against you;

and

• you or anyone else owing the money (if your debt is in joint names) have not made a payment towards the debt during the last six years;

and

• you have not written to the creditor admitting you owe the debt during the last six years.

Where does it say they have to have your address? :noidea:

[chrs786]

Re: 2 defaults on the same account

thanks for the reply i spoke to national debt helpline and told them whats on my credit report and my last payment on the card they said the debt is statue barred and also i made a written complaint to both the dca in september lowell replied back saying they would look in to the matter but had no letter from mkdp llp. and also open a case with ICO about both the dca. they said they would let me now by next week, as soon as i get a reply i will kepp u guys updated.
thanks for all your help much appreciated.