2 defaults, 1 debt.

[Rowson92]

Hi, this is my first post so please bare with me. I apologise if this has been posted in the wrong section.

It is quite a lengthy story, so I will keep it as short as possible while keeping in the important details.

In short, I have a default recorded against me by 'V12 retail finance/secure trust bank plc'. They have since sold the debt onto 'debt managers ltd' who have also recorded a default for the same debt.

On my credit file it shows both of these recording, with the exact same details except the company name is different, and the 'V12 retail finance' entry states "satisfied".

Is this correct? Or should V12 remove theirs from my file?

I'm currently in dispute for this debt as it isnt mine, although I know who has taken it out in my name. I have informed both parties about this, and 'Debt managers Ltd' have written to me explaining that when the person liable for this debt contacts them and pays the £309 owing, they will remove their default off my file.

I'm just worried that, if 'debt managers Ltd' remove their default entry, I will still be stuck with the 'V12 retail finance' default entry.

[R0b]

If V12 have sold the debt on then it should be them removing it because they are no longer the "creditor". They have no right or interest in it and therefore the default should be removed, but that doesn't stop Debt Managers Ltd from putting a default in the same month that V12 recorded it.

As far as I understand how credit files work on a month by month basis, you can't lodge two defaults in one month, so have Debt Managers Ltd filed a default in a different month or in the same month as V12?

[Rowson92]

Thank you for the reply.

V12 have sold the debt onto debt managers ltd, but they both have a default entry on my file. They both have identical information, except the V12 entry has "satisfied".

Debt managers have been very reasonable and confirmed they will remove their entry on receipt of the other individual involved accepting liability. Unfortunately the same cannot be said about V12.

I have explained the situation to them, and the answer I got was we cannot confirm or deny we will remove the entry.

[Rowson92]

Can anybody else offer any advice? Really appreciate any help I can get.

[R0b]

Sorry, you've still not answered my question - have the defaults been filed in the same month or have they been filed in different months?

As I said before, Debt Managers are now the creditor of that debt and V12 should have no right to keep a default filed when there is no right or title to it. You need to take it up with V12 and, if necessary, threaten legal action and compensation. It is inaccurate to say the default is satisfied and then Debt Managers to file a separate default notice.

Whether you can take action against Debt Managers depends on whether you answer the outstanding question.

[Rowson92]

They have been filed in the same month, only different is the V12 states "satisfied"

I have an update.

Debt managers (DCA) have confirmed someone else has accepted liability and cleared the balance. They have informed me they are going to remove their default entry on my file.*

I have informed V12 (original creditor) of this and asked whether they will so the same. They said they will need to hear from debt managers before they make a decision!?

What do you advise I do now, other than wait?*

[R0b]

Depends on the route you want to take. You can:

1. Send V12 a letter before action claimng damages for reporting inaccurate data since they are not the creditor, and that you are not the alleged debtor.
2. Obtain written confirmation from Debt Managers that you are not the debtor and then forward that on to V12 as evidence.
3. wait on their terms, and then wait some more until something (if anything) happens.

[Rowson92]

Well debt managers told me their letter will be with me by Tuesday, so I'm going to wait until then whatever route I choose.

My question is, now the purchaser of the debt (debt managers) have agreed to remove their entry, do V12 now have to remove theirs also? Or am I going to have a battle on my hands to get it taken off?

[R0b]

I wouldn't know if you are going to have a battle on your hands, I guess you'll have to find out and see whether they accept the letter.

Like I've already said before, if Debt Managers purchased the debt, V12 have no right to have the default recorded on your credit file.

[Rowson92]

I have had advice from other people, and they seem to think aslong as it has the same dates and states satisfied, then they are entitled to keep their entry on my file even though it's been sold on?

If they dont agree to take it off, would you advise I raise a fresh complaint, then involved the FOS and ICO?

[Rowson92]

Just a quick update after looking through various forums.

Ive noticed that the default entry from the original creditor doesnt state "CAIS assigned" from what I have read, it should say this?*

Can anyone please advise.