Credit Report and doubled record and doubled default - DCA wrongdoing?

[adinmatty]

Hi Guys,

I hope for some advice on credit reporting done by DCA. This is about Marlin claiming they own original debt from Barclays Partner Finance defaulted (and disputed) loan. But my question is about record they added: they mirrored original credit, put default date year later from original loan default date (which is still year BEFORE they contacted me (early January this year) and also claim to own the debt (letter is dated December 2012), and outstanding amount mirrors original one.

So I end up with 2 records for exactly same loan, both defaulted, both with outstanding amount with Marlin's default date being around 1 year later than original.

I am sure this is not right?

I have contacted Experian to enquiry both BPF and Marlin on my behalf and request explanation.

So what can I do about this? What is correct way it should look IN CASE Marlin truly own the debt now? And is it possible that anyone stating they own the debt can add record to my report? If not what documents they have to supply to Credit Agency?

Any light on the above would be very appreciated.

[Kafka]

Re: Credit Report and doubled record and doubled default - DCA wrongdoing?

An account can only be defaulted once, so you have a clear case to challenge and possibly claim damages.

Please provide a timeline of all events in date order so we can see exactly what has happened in a context.

[adinmatty]

Re: Credit Report and doubled record and doubled default - DCA wrongdoing?

Thanks for the response Kafka.

I dont have all documents next to me but roughly it follows the below:
- linked loan taken with BPF -end of December 2009, defaulted by them in January 2011 (at least that reads on Experian report) - never received any formal before default letter from BPF.
- on the account added by Marlin - default date reads December 2011
- first week of Januray this year - first ever letter from Marlin (dated 2x of December 2012 - before Christmas) stating they owe the debt, and in the same envelope byebye letter from Barclays - both letters lack readable signature and dont look legitimate to me (same date on them, same envelope, wrong account number on alleged letter from BPF etc.)
- around 2 weeks later received another letter in the same envelope, one from Marlin other from Marlin (:P) (Europe I something and Financial Services something) nagging about contact, providing personal circumstances details etc.
-shortly after I sent out challenge asking for CCA and true signed copy of DOA (used on of the templates found on the internet). They signed the delivery on... 27? 28? of January (i would have to check)
- few days later had response from them saying that they dont have credit agreement on file and would ask OC. They ignored part asking for true signed DOA.
-Yesterday alert from Experian and status on my credit file described in my previous post.

So they added the default somewhere around the time they sent out second envelope to me.

[Kafka]

Re: Credit Report and doubled record and doubled default - DCA wrongdoing?

You should send SAR to BPF to get all the personal data they hold on you and that will explain about default, assignment, and any charges added on.

You won't get the Deed of Assignment as that's a commercial document. What they are required to supply is the Notice of Assignment, and these sound typically fishy as you say. Typically DCAs create their own NoAs on the banks' headed paper and try to pass them off as legitimate correspondence from the bank. If the DCA fabricated the NoA then the SAR to BPF won't include the real one, because if there was one you would have received it and they didn't need to fabricate one.

With all that data we can see how to play the next move.

[adinmatty]

Re: Credit Report and doubled record and doubled default - DCA wrongdoing?

Thanks for the info Kafka!

Looks like i need to spend that 10 quid on SAR Will let you know about the outcome.

Also what powers Experian got? Can they action on my behalf in terms of amending / requesting amendments to my records? Or just enuquiry on my behalf and advise me on the next move (likely)?

[gravytrain]

Re: Credit Report and doubled record and doubled default - DCA wrongdoing?

I have seen this a number of times, usually the CRA gets back to you with an assurance that the default will drop off the file after six years from the initial entry.