MKD LLP Duplicate Default on Credit Report

[karimhopkins]

Hi Everyone.
I have recently had a new credit account placed on my credit file.
It is from a company called MKD LLP which relates to an old welcome finance loan and HP Agreement which was taken out some 9 years ago...

The Original Defaults from Welcome Finance are marked as Defaulted in August 2006 as you can see below.....
Hire Purchase from Welcome Financial Services Plc (I) / XXXX021P

Name	xxxxxxxx	Date of Birth	xxxxxxx
Terms	61 @ £ 97 (Monthly)	Status	Settled
Current Balance	£ 0	Start Balance	£ 0
Credit Limit	£ 0	Default / Delinquent Balance	£ 3,846
Start Date	31/03/2004	Date Updated	31/03/2008
Date Last Delinquent		Date Satisfied	31/03/2008
Default Date	15/08/2006

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

J

F

M

A

M

J

J

A

S

O

N

D

2008

2007

2006

2005

Loan from Welcome Financial Services Plc (I) / XXXX454P

Name	xxxxxx	Date of Birth	xxxxx
Terms	25 @ £ 49 (Monthly)	Status	Settled
Current Balance	£ 0	Start Balance	£ 0
Credit Limit	£ 0	Default / Delinquent Balance	£ 813
Start Date	09/06/2005	Date Updated	18/03/2008
Date Last Delinquent		Date Satisfied	18/03/2008
Default Date	21/07/2006

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

J

F

M

A

M

J

J

A

S

O

N

D

2008

2007

2006

2005

------------------------------- merged -------------------------------
MKDP LLP have recently added the following information to my credit file...
Hire Purchase from Mkdp Llp (I) / XXXXXX3589

Name	xxxxxx	Date of Birth	xxxxx
Terms	0 @ £ 0 (Monthly)	Status	Defaulted
Current Balance	£ 3,201	Start Balance	£ 0
Credit Limit	£ 0	Default / Delinquent Balance	£ 3,191
Start Date	31/03/2004	Date Updated	23/02/2012
Date Last Delinquent		Date Satisfied
Default Date	01/01/2010

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

J

F

M

A

M

J

J

A

S

O

N

D

2010

Loan from Mkdp Llp (I) / XXXXXX0109

Name	xxxxxx	Date of Birth	xxxxxxxx
Terms	0 @ £ 0 (Monthly)	Status	Defaulted
Current Balance	£ 269	Start Balance	£ 0
Credit Limit	£ 0	Default / Delinquent Balance	£ 219
Start Date	09/06/2005	Date Updated	23/02/2012
Date Last Delinquent		Date Satisfied
Default Date	01/01/2010

Payment History
This table shows how you have kept your account over time, for infomation about individual months pass your mouse cursor over the coloured block

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F

M

A

M

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N

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2010

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These accounts were defaulted back in 2006 but they have registered the dafault date as 2010.
I have done some research on this and as far as im aware they have to register to the original default date only by law.
Upon quering this with equifax online dispute MKDP LLP responded with the following .....

This was a Welcome Finance HP agreement taken out 31/03/2004 at a previous address which defaulted on 01/01/2010

Our company purchased the account from Welcome Finance
.
Welcome Finance would have amended your credit file to enable MKDP LLP to upload the data to your credit file being the new legal owners of the account / debt

Our default has been replaced by the original default this will remain on your credit file for 6 years from the original date 01/01/2010

I have requested copies of the original paperwork from Welcome Finance which can take 6/8 weeks to be received. I will then send these to you
------------------------------- merged -------------------------------
Is the evidence on my credit file enough for the credit reference agencies to have this removed if I query the entry?
I have filed for this to be done but want to get the ball rolling in the right direction if other methods are needed.
Im pretty sure that they have falsified the information as I have never spoken to them or was I living at the address the registered the default at on the date they specify....
Any help would be appreciated as its doing my head right in.
Thanks

[bluebottle]

Re: MKD LLP Duplicate Default on Credit Report

First thing, Karim, could you please remove your personal details from your post, i.e. your full name and date of birth. Simply, put a row of xxxxxxx s in its place. This is for your security.

Second thing, if the original default date was in 2006, that's what should be showing on records, not 2010. If you have pretty clear evidence of falsification of a record such as this, I would be inclined to contact the Information Commissioner's Office (ICO) and seek their advice and guidance. Their website is at Data Protection and Freedom of Information advice - ICO. However, please be aware that their helpline can get busy at times, so be persistent. If the ICO feels MKDP LLP has breached the Data Protection Act 1998 (DPA) in any way they have the power to take action against them. As of 6 April 2010, ICO has the power to impose a financial penalty of up to £500,000 on those who breach the DPA.

Give the ICO a ring tomorrow. If the documents MKDP LLP say they are sending you show evidence that the entry on your credit file is incorrect or false, then you will almost certainly have to go back to the ICO. Don't try taking on MKDP LLP yourself.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Thanks for the reply.
I was assuming the same..
I done a check with Call Credit Last night also and noticed MKDP LLP logged th same info with this CRAs records also, As the welcome loans dont show on Call Credit at all would I not have sufficient evidence for this agency to remove the records...
Is this likely to be a lenghy process to get sorted and would I have to speak to all 3 CRAs.
Do I need to provide any evidence of the original loans as they were sub 2003 and I would not have anything to show if I was asked for it.
Your help is again appreciated.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Does anyone have any other advice with this?
I have logged a complaint to the ICO via the Internet and have provided them all of the evidence I have.
Welcome Finance have also falsified the original dates as I took out the original loans back in 2002.
Ill post the outcome for whoever is interested.

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

Personally i would send a formal letter before action to MKLLP with copies of the evidence of the original Default dates, and inform them that just because they may have purchased the debts back in 2010 or feel that the default should be on your file for another 4 years due to the original defaults being due to fall off your file this year, it does not give them the right to post inaccurate default dates to all 3 credit reference agencies in breach of the data protection act 1998. The act is clear that all data most be accurate. Therefore if the libellous data is not removed or corrected you will sue them for libel. Also as welcome have not removed their original records on your credit files, then they should not be posting anything on your file until such the original creditor has removed their original records and Mkllp records most be exactly match as those of the original creditors. As things stand, your file is now showing 4 seperate defaults, for 4 accounts when they are all for the same 2 accounts with the original creditor. Tell them they have 30 days in which to remove said defaults.

Or better still, you will be better of waiting till july as the original ones will have dropped of your credit files by then meaning 6 years have passed and the debts are statued barred as of the 21 july 2012 or if your in scotland its 5 years so will have been statued barred last july. Once its statuted barred, send them a letter with copies of your credit file showing the original default dates, telling them to remove their inaccurate and libellous defaults as the debts are statued barred and if they do not remove the defaults you will deem them as libellous and sue them for libel as a result.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Hey Thanks for the reply.
Even the defaults registered by Welcome Finance seem to be false as I took out the loans before 2003 and I know that for a fact.
Ive already submitted a case for the ICO to deal with.
In my opinion none of the defaults should be there and should all be statue barred.
I hope the ICO Request copies of the original credit agreements as the dates will be years out.
I hope this does not constitute as acknowledging a debt with them?

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

Hi the date you took the loans out is irrelevant as its 6 years from when you defaulted or made last payment towards a default debt when the statued barred clock starts. Also an incorrect default can cause you financial deteriment which is how you win a libel case, as it has to cause you a deteriment of some kind. The start dates being wrong do not cause you a deteriment, but a incorrect default can prevent you getting credit hence causing you financial deteriment.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

1 more thing does the default address have to be the address i was living at on the date of a said default notice being applied to my file?

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

1 more thing does the default address have to be the address i was living at on the date of a said default notice being applied to my file?

Your current address should be on your credit file. The default notice send by the creditor to you when you originally defaulted, should have been sent to your address at the time you defaulted. If you have moved address since then your credit file should have been updated to show your new address. It is your name and DOB that is blacklisted when you default, not the address. So address is irrelevant when it comes to a default against your name. However if your address on your credit file is wrong its important that you get the credit reference agency to updated it, otherwise those living at your old address may suffer a financial deteriment due to your name still being associated with your old addess.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Thanks again for the post.
So even though I wasnt living at the address to which the default was registered against until May 2012 (which I can prove) they can still backdate the default and charge it to my current adress?
Sorry If I appear stupid.
But i am

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

A default is not registered against an address, its registered against the you e.g. your name and date of birth.

Therefore if your credit file is showing as your old address, then the person living their now would suffer deteriment due to your own defaults as creditors would think your still living there when your not. Thats why its vital your credit file contains your current address.

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

could contesting the duplicate records be conceived as acknowledging the original debt?

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

could contesting the duplicate records be conceived as acknowledging the original debt?

No, as your simply contesting the accuracy of the default a third party who is not the original creditor. You are not acknowledging the actual amount or whether anything is still owed. A default can remain on file even when a debt is settled or satisfied. Plus acknowledgment of an outstanding debt owed most be in an unequivocal written or verbal communication admitting the debt, such as agreeing to a repayment plan or saying you are aware you owe the money etc.

Even if you did acknowledge the debt the default would still fall off the credit file 6 years after the date it was registered. So the key is to not discuss the amount owed and if asked, simply say "i do not acknowledge the amount owed and i am simply disputing the accuracy of the default registered on your file." If they try continuing to press you to acknowledge the debt simply tell them especially if its over the phone "You have no intention to discuss the alleged amounts or if a debt is still owed or not, as your only concern is the inaccurate default on your credit file and the fact you already have default registered by original creditor whom you no longer acknowledge owing any money too" If they still continue, just say "Look, you either remove the defaults that are inaccurate or the you hear from me will be by a claim issued via the courts sueing you for libel and claiming damages as a result of your inaccurate defaults - I do not acknowledge owing any money to you, end off". Then slam phone down. If they commonicate in writing its obviously much easyier to ignore their attempts to discuss the amount owed, simply put at top of letter in bold "I DO NOT ACKNOWLEDGE ALLEDGE DEBT TO YOURSELVES"

[karimhopkins]

Re: MKD LLP Duplicate Default on Credit Report

Thanks mate.
Ive basically said that so far...
As they have said the accuracy of their information is correct I have printed my credit file (Hard Copy) and am sending it to the ICO as supporting evidence of my ongoing claim.

They could just say that I had agreed to repayments / acknowlegement over the phone or something though I guess
This is probobly gonna be messy.
Ha

[teaboy2]

Re: MKD LLP Duplicate Default on Credit Report

They could say you did, but the onus is on them to provide proof you did. Which would require a recording of the conversation where you were alleged to have acknowledged it. And we both know they don't have that!