Two Defaults on credit file for same debt? Can I have i removed?

[tullip]

Hi I have noticed that MMF have recently added a default on my credit file for a debt that already had a default recorded. Can they do that, can I have it removed and if so what is the best way to go about that?

Thanks!

[ploddertom]

Re: Two Defaults on credit file for same debt? Can I have i removed?

You are in the wrong place - click the triangle beneath your post and ask to be moved.

[FlamingParrot]

Re: Two Defaults on credit file for same debt? Can I have i removed?

Hi I have noticed that MMF have recently added a default on my credit file for a debt that already had a default recorded. Can they do that, can I have it removed and if so what is the best way to go about that?

Thanks!

Sounds like MMF have bought a debt of yours which had already been defaulted. There should be just ONE default per account, and the original default date has to be respected regardless of assignment, as per the ICO technical guidance:

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.

MMF are responsible for the ensuring they are reporting accurately to the CRAs, so your first step should be to contact them, quoting the bits above. :thumb:

[Nibbler]

Re: Two Defaults on credit file for same debt? Can I have i removed?

Slight exception to that now is that if the original default is retained and marked with a debt assigned indicator, and none of the default dates/details are altered, then that is OK. Reason being only you 'see' the old/original default.

That is something that has been introduced since that original ICO guidance was issued.

However, if there is no such flag, or the default dates etc have been changed from the original, then yes it is very wrong.