Duplicate entries on credit file

[eiggy]

Hello all

Barclaycard £2500
Start Date 23/01/04
Default Date 02/09/10

The account was passed to MKDP LLP in August 2012. The only letter I've had from them was a goodbye/hello.

This Feb, a new entry appeared on my credit file, a default from MKDP LLP, which is obviously this Barclaycard account as it’s the same default date and balance.

My understanding is that MKDP should have taken over the Barclaycard default and not made a duplicate entry, is that correct?

I now have two entries for this debt on my credit file so today I have sent a letter to MKDP telling then I have no knowledge of this debt and have asked for their entry to be removed.

I can guess what will happen next and my plan is to go down the CCA request road if the demands start.

Very optimistically speaking, if the demands for payment don't start arriving can anyone advise on how I should further approach the duplicate entry issue if they don’t remove it from my credit file.

[labman]

Re: Duplicate entries on credit file

I think will help you enormously. It is taken from here:
http://www.ico.gov.uk/~/media/docume...%20%20doc.ashx

The ‘sale’ or assignment of debts on defaulted accounts


52
When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.


53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.


54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file.When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.

[eiggy]

Re: Duplicate entries on credit file

Thanks for that Red Setter. This info is going to be invaluable.

So basically, they have to take over the old information from Barclaycard who's last entry is this:

Date of default 02/09/2010


Default balance £ 2,556


Account satisfied 31/07/12

And not make a duplicate entry on my file using their details as the creditor, first entry Feb this year.

Had a missed called from MKDP this afternoon so I guess they got my letter. If they call again I not admit anything and will say that I wish to deal with them by letter only.

[labman]

Re: Duplicate entries on credit file

Always best to keep things in writing, and have a paper trail "for the avoidance of doubt." It protects both you and them!

[eiggy]

Re: Duplicate entries on credit file

Just to update and ask some further advice on this.

I received a letter today from this DCA responding as though I had made a CCA request, I didn't as I planned on doing that when they responded to my request to remove the duplicate information from my file. Their letter did not acknowledge my actual complaint. I checked my file today and new record and the entry they made on February 8th is still there but it hasn't been updated for March?

Should I wait to see what they say to me after contacting the OC as they say they are doing or should I get straight in with a complaint about the incorrect handling of data as they obviously did not come to agreement with the OC to take control of the record on my file.

If anyone reading would say I have good cause to complain further to the DCA at this stage, and thinks its wise to do so as I don't want to be admitting liability for this debt... Would mentioning the ICO's guidance as shared above be sufficient as this information is a duplication of the OC's record and not a corrected OC's record or does the DCA actually have a right to do this?

If I'm not understanding this issue correctly please let me know.

Thanks.