Max Recovery Limited - MBNA Debt

[Spellkaster]

Back in March 2016, I was in written communication with a firm of solicitors called Drydensfairfax.

I had asked them to provide evidence of a debt they were chasing on ie copy of credit agreement, and deed of assignment.

The last correspondence I had from them was dated 11th March.

They agreed to uphold my complaint about them no providing the deed of assingment and claimed it was attached with the paperwork.

There was NO deed of assignment.

It has been a year and I have had no more from them.

Checking on my credit report today, a default has been placed by Fairfax Solicitors Ltd.

They have changed their business name and address.

I have some concerns.

1. Received no default notice.
2. No deed of assingment has ever been received.

How can they persue me when the company has changed its name!?

I'm confused.

[Amethyst]

Re: Fairfax Solicitors Failed to Issue Default Notice

They can't just randomly add a default to your credit file. Plus Fairfax couldn't add it anyway unless they were the actual owner / assignee of the debt.

Do you recall when the original debt was defaulted - and did that show on your credit file before now? Have Fairfax just taken over the account and changed the details on the credit file to theirs or have they actually added a brand new default ?

CRA Defaults - Recording of defaults relating to debts that have been sold.

The practice of selling/buying debts is widely used. As long as the information is correctly recorded on a credit file by the lender selling the debt and the lender buying the debt, then two entries relating to one account would not be considered to be a breach of the Data Protection Act provided that:-

both recorded entries are shown as being in relation to the same account/debt;
the original debt entry should be shown on the credit file as being either ‘settled' or ‘zero' balance and should show that the debt has been ‘re-assigned’;
the new DC who shows the debt in their name should maintain the original default date and the correct balances;
the retention period for maintaining the information on a credit file should be based on the original default date regardless of who is responsible for the entry/debt.

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

I defaulted the account in June 2012.

Drydensfairfax deal with Max Recovery Limited who purchased my debt sometime in late 2012.

The default has never appeared on my credit file until now.

- - - Updated - - -

I last had correspondence from Drysdensfairfax on the 11th March 2016.

They claimed to have provided me with a copy of deed of assignment but upon persusal of the paperwork that was sent, it was still missing.

[Amethyst]

Re: Fairfax Solicitors Failed to Issue Default Notice

What was the original debt ? Did it appear on your credit file as defaulted June 2012?

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

What was the original debt ? Did it appear on your credit file as defaulted June 2012?

It was an unsecured credit card debt originally with mbna.

Sold it to Max Recovery in late 2012.

Has never been on credit file.

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

I sent a letter of complaint to Drydens yesterday recorded delivery challenging under section 87(1) of the consumer credit act 1974 that they failed to send me a default notice and that they are not the owners of the debt.

I'm also waiting to speak to a solicitor to see if I can take legal action over the fact that they have not followed procedure before placing the default and they are not owners of the debt.

It will be interesting to see what Drydens come back with as I have requested I want compensation over this and for the default to be removed.

[warwick65]

Re: Fairfax Solicitors Failed to Issue Default Notice

Hi Spellkaster

Firstly I think you are confusing the need to issue a S87(1) DN with the recording of a default on a credit file. There is no legal requirement.

Secondly, and this is what i think Amethyst was trying to get at , on your credit file now, what is the date of default - the specific date of default, not date last updated or anything.

As far as i am aware, Dryden fairfax are not debt purchasers , just solicitors. You could also raise a query with the CRA- which CRA are you looking at?

[warwick65]

Re: Fairfax Solicitors Failed to Issue Default Notice

Quick additon

I notice Drydens are part of the same group as MAX recoveries and are registered by the FCA so they probably can own your debt

If the date of default is current you could write to them and complain regarding not having defaulted the account before bit you need to be careful about acknowledging the debt as this would reset the SB clock

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

Hi Spellkaster

Firstly I think you are confusing the need to issue a S87(1) DN with the recording of a default on a credit file. There is no legal requirement.

Secondly, and this is what i think Amethyst was trying to get at , on your credit file now, what is the date of default - the specific date of default, not date last updated or anything.

As far as i am aware, Dryden fairfax are not debt purchasers , just solicitors. You could also raise a query with the CRA- which CRA are you looking at?

I'm with Noddle.

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

I've just found out that Max Recovery Limited are the data controllers of the debt.

[warwick65]

Re: Fairfax Solicitors Failed to Issue Default Notice

Hi again

As I said, max recovery are part of the same group as Dryden fairfax.

What is the actual default date recorded on your credit file - you will need to click on the entry to open up all the details. From this you can decide what you want to do.

Out of interest, when was the last time you made a payment or acknowledged this debt in writing ?

What are your aims with regard to this default?

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

I want the default removed as I feel its unfair.

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 2015 when I request to cancel the IVA due to being ripped off in fees.

I was always told that it should be the data controller and owner of the debt that places the default.

I have not heard from Drydens for well over a year now, and I've never had a response to my letters from Max Recovery.

They have also failed to produce the deed of assignment.

[warwick65]

Re: Fairfax Solicitors Failed to Issue Default Notice

To play devils advocate

Why is the default unfair, you went into an IVA which is a trigger for registering defaults. Does it really matter who registers it?

The default will fall off, never to return in 2018 so less than a year to go now.

Remember Drydens and Max are two branches of the same company ( JP Morgan) https://www.jpmorgan.com/country/US/EN/maxrecovery/uk
I fear the problem you may now face are court claims and if they succeed another 6 years of credit file misery

Personally I do feel IVA's are not always a good deal but generally it is the creditor who loses out and not the customer. But there is no point in wondering what if now .

As for the deed of assignment - is this subject to a county court claim?

I doubt very much you will get the deed otherwise , from what I know they are only produced when a court orders them to. I would have a read of some cases of [MENTION=7765]Joanna C[/MENTION] and [MENTION=551]pt2537[/MENTION] and his blog

[Spellkaster]

Re: Fairfax Solicitors Failed to Issue Default Notice

To play devils advocate

Why is the default unfair, you went into an IVA which is a trigger for registering defaults. Does it really matter who registers it?

The default will fall off, never to return in 2018 so less than a year to go now.

Remember Drydens and Max are two branches of the same company ( JP Morgan) https://www.jpmorgan.com/country/US/EN/maxrecovery/uk
I fear the problem you may now face are court claims and if they succeed another 6 years of credit file misery

Personally I do feel IVA's are not always a good deal but generally it is the creditor who loses out and not the customer. But there is no point in wondering what if now .

As for the deed of assignment - is this subject to a county court claim?

I doubt very much you will get the deed otherwise , from what I know they are only produced when a court orders them to. I would have a read of some cases of @Joanna C and @pt2537 and his blog

No court claim received as of yet.

[warwick65]

Re: Fairfax Solicitors Failed to Issue Default Notice

No court claim received as of yet.

I truly hope it stays that way.

I really would just let the default run its natural course and drop off. I assume it is not the only default on your file as you were in an IVA