MKD LLP Duplicate Default on Credit Report

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

This is the body of the letter im going to send them.
I will keep copies for my ongoing case with the ICO....

Let me know if its any good or of any amendments i Should make..

Formal and Final Demand

Dear Sir/Madam,

You recently Added 2 entries to my credit file for accounts which I am unaware of, the account numbers are listed above.

Upon querying this with yourselves via the Equifax online dispute system you replied to say your information is correct. (I attached the Equifax Dispute Transcription)

As I have already stated I do not acknowledge any debt with yourselves or with the company you claim I owed outstanding finance with (welcome Finance)

You have entered a duplicate default onto my credit file with all 3 reference agencies (I attach a copy of my Equifax report for ease of reference). This document clearly shows the original defaults from Welcome finance dated in July / Aug 2006.
The Defaults which you have added to my file are a breach of the data protection act for the following reasons.

1. All data must be accurate and up to date.
2. You must carry over the original default date if you have purchased an outstanding account from another company
3. You are only able to update my credit file if Welcome finance had removed their original default from my credit file (thus treating it as a continuation the an original account)
4. You have effectively extended the default by 4 years which would impair my credit score for a further 4 years.

I will be looking for Sue you for Libel if you do not comply with my request.

I hereby give you 28 days notice to remove your default notice from all 3 credit reference agencies.

This letter has been sent by Special delivery.

Please be aware that I have already opened a file with the Information commissioner’s Office as you have breached the Data Protection act, this letter would be used as supporting evidence if you fail to remove your records immediately.

Yours faithfully,

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

Thats fine to send to them.

Though at the end you refer to them as Default Notices, their not, just refer to them as Defaults. Also noticed a couple of minor spelling mistake you should correct before you send it. But overall that should be more than enough.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Thanks so much
Ive posted the letter Via Recorded delivery and amended my errors that you highlighted.
Hopefully they will act on this and remove the said defaults.
Ill keep you posted for all that wish to know the outcome...
K

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

Your Welcome

Just keep us updated of any changes or when they reply

[DAVIEG9]

Re: MKD LLP Duplicate Default on Credit Report

Hi Karim,
I've just googled my problem and come across your thread, we are pretty much in the same position, I took out a loan with welcome finance in 2004, I thought it was about to drop off after 6 years, but all of a sudden MKDP LLP have added a default from 5/1/2010.
The Welcome finance entry doesn't show an original default date, but the settled date is the date that the MKDP LLP entry starts, now I am pretty sure that I haven't paid anything on this loan so surely the default date would have been way before 2010, but I can't be sure.
I have tried to contact Welcome and ask for the original paperwork, they said they would send it to me but I have never received anything from them, they don't trade anymore so It will be hard to get the paperwork. I also know I was forced into PPI with this loan or I couldnt take the loan out, so i'm wondering where I stand with that aswell.
MKDP LLP seem to have made a habit of this looking at other forums, but I can't find anybody who has managed to get it sorted, could you keep me updated as how you get on, any one else's advice would be much appreciated.
I have been trying to get a mortgage as all my defaults were dropping off this year, now if this stays on till 2016, i am stuffed.
I have copied and pasted the entries below.
I was thinking about employing a credit repair firm to get this sorted for me, as I'm pretty clueless about it all, any ideas on that people?

Many thanks

WELCOME FINANCIAL SERVICES LTD Who's this?
Entry Number: C7 | Account Updated to: 11/06/2006

Name:	MR GARETH DAVIES
Address:	xxxxxxxxxx
Date of Birth:	xxxxxx

Account Type:	Loan
Started:	12/10/2004
Current Balance:	Settled
Payment Terms:	£190 x 36 months

Settlement Date:

23/05/2006

MKDP LLP Who's this?
Entry Number: C1 | Account Updated to: 20/05/2012

Name:	MR GARETH DAVIES
Address:	xxxxxxxxxxx
Date of Birth:	xxxxxx

Account Type:	Loan
Started:	23/05/2006
Current Balance:	£4,255

Default Date:	05/01/2010
Default Balance:	£4,245

Account Query:
Start Date:	01/12/2011

View Account Status Details:

• Account Status Details
  (1-12 months)

	Last updated: 20/05/2012
Status Code:
Balance:	£4,255 £4,255 £4,255 £4,255 £4,255 £4,255 £4,255 £4,255 £4,245

[DAVIEG9]

Re: MKD LLP Duplicate Default on Credit Report

I have just checked an old credit report and have found an entry from Welcome finance, which is now no longer on my report it has been removed!!
It won't let me copy and paste it but it states;
Company - Welcome finance
Account updated - 11/4/2010
Started - 23/5/2006
Current balance- satisfied
Default date - 7/3/2007
Debt assisgned - start date 1/4/2010
Default balance - £4249

So basically they have removed this entry and replaced it with the MKDP entry with a default date of 5/1/2010, can they do this?
I did dispute the date through credit expert, but mkdp replied that the default date is correct, and could i contact them, which i am not going to do.

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

In that case the default date MKDPP should have is 07/03/2007, which means the default will fall of your file on the 07/03/2013 which is 6 years. I would suggest you contact the credit reference agencies and notifiy them of the correct default date and that they admend it forthwith.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Hi There,

I have received a letter today from MKDP saying the following...

Thanks for your recent correspondence in relation to debt amount of £4000. (Lie as I never admitted liability)
At present we are unable to resolve your query and have passed this information to welcome Finance.
We are trying to obtain copies of the original documentation and will responce in due course.

Regrards
MKDP LLP.

I am sending them a follow on letter today via recorded delivery.
Can someone see if its ok before I send it out.
Cheers again.....

Re. Accounts Ref xxx3589 & xxx0109

No Debt is acknowledged to your company or Welcome Finance

Dear Sir/Madam,

Thank you for your recent correspondence in response to my query.

As I have already stated I do not acknowledge any debt with yourselves or Welcome Finance

I am simply querying the recent accounts you added to my credit report which are inaccurate and defamation of character.

I hereby give you a further 14 days notice to remove these entries from my credit report with all 3 credit reference agencies.

I will be suing for Libel as this information will prevent me from obtaining credit and impair me and my family financially until these entries are removed.

I have presented you with the evidence you would require to resolve such a matter and ask that this is done within 14 days.

Again this letter has been sent via recorded delivery and will be used for supporting evidence to my case recently opened with the information commissioner’s office.. I attach my last letter sent to you for ease of reference and a recent copy of my credit report.


Yours faithfully,

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

I personally think they add the default attempting to get you to admit liability when you query it so that they can legally persue the account, There must be loads of people who are either unaware that they are doing this or simply think they are allowed to add a duplicate default and bring the date forward several years...
Whats your thoughts people?

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

Actually they do it to get more time so in and then deny its statuted barred when it actually is after 6 years from the original default date. So basically they use as a way of getting round the statute of limitations act that only allows for them to enforce in court upto 6 years from the date of the original default. So yes in a way they also do it in the hope you will pay up and admit the debt too and therefore abusing their position and taking advantage of those who are not as well informed of the legal rights and the law.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Thanks again teaboy.
Do you think my above letter is ok to send today as i am not satisfied with their responce.
I think they are trying to treat my original letter as an acknowledgement of the outstanding accounts?
How long do they legally have to remove this data from when i braught it to their attention?

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

This is exactly what the letter from MKDP Says that I received today.....

Account Ref: xxxxx
Original Account Ref xxxxx
Original Creditor : welcome Finance
Balance outstanding £xxxxxxx

Dear Mr xxxx

We are in receipt of your recent correspondence in regards to the outstanding balance stated above. We thank you for taking to time to write to us.

At This time we are unable to resolve your query, which requires further investigation. We will be liaising with Welcome Finance where applicable and we will contact you as soon as we receive a responce from Welcome Finance but no later than 12th July 2012

In the meantime should you require more information regarding this matter please do not hesitate to contact us on xxxxxxx. Our office hours are xxxxxxx

Yours sincerly

Teaboy, can they class my original letter sent to them as acknowledgement of the alledged debt? It seems they have taken this as so. Also in my opinion it looks like I may be getting somewhere with this? Do you agree?

Thanks

[DAVIEG9]

Re: MKD LLP Duplicate Default on Credit Report

I'm watching this with interest, wondering what I should do with my case.
Does everyone agree Karim's way to go is the best, open a case with ICO and send MKDP a letter?
Or is there somewhere which offers professional advice and can get things moving faster.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Hi DaviesG,

I would obtain a credit report from all 3 agencies to see if welcome have left the original default date on any of their records first of all, at least then you have some proof.
I was lucky to be an equifax member and all my credit reports are archived and stored for 2191 day..
I received an alert from them as soon as MKDPs Entries were added to my report and was on the case straight away. People say that the Credit reference agencies should amend the records if you give them the evidence but this has not been the case for me. They are unwilling to do anything unless company gives them the green light to do so.....

I opened a file with the information commissioners office 2 weeks ago but have not yet heard back from them.

I am sending all of my letters via recorded delivery and keeping copies of all correspondence for if / when the ICO office do contact me. They have breached the data protection act by applying incorrect default dates to our records, this is a breach in more way than 1.
I would say be persistant and obtain as much proof as you can, otherwise you would be waiting until 2016 for the defaults to be removed. They are legally obliged to carry over the original default date. If they cant provide proof of the original account they will have to do remove them im sure..

I am no expert on this but have read various posts on here and think persistence is the key

K

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

This is exactly what the letter from MKDP Says that I received today.....

Account Ref: xxxxx
Original Account Ref xxxxx
Original Creditor : welcome Finance
Balance outstanding £xxxxxxx

Dear Mr xxxx

We are in receipt of your recent correspondence in regards to the outstanding balance stated above. We thank you for taking to time to write to us.

At This time we are unable to resolve your query, which requires further investigation. We will be liaising with Welcome Finance where applicable and we will contact you as soon as we receive a responce from Welcome Finance but no later than 12th July 2012

In the meantime should you require more information regarding this matter please do not hesitate to contact us on xxxxxxx. Our office hours are xxxxxxx

Yours sincerly

Teaboy, can they class my original letter sent to them as acknowledgement of the alledged debt? It seems they have taken this as so. Also in my opinion it looks like I may be getting somewhere with this? Do you agree?

Thanks

You have not acknowledged anything nor have they made any statement that you have but only that your letter was regarding the outstanding balance. All you have done is queried the alleged debt, you have not acknowledged anything, and no they can not state you have.

Wait till the 12th june see if you get the response before sending the letter or change the part where you said you give them 14 days to, you will allow them "up to the 12th june and if no evidence from them is provided to prove the accuracy, then they should write to you confirimng the removal of the default of your file and offer of compensation for damages (give brief list of damage the default has had on you e.g refused credit). Otherwise you will sue for libel".