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Hi,
I would like some advice please? I took out a loan with Welcome Finance in April 2007 - A payment was never made on the account and now after checking my file 6 years later. I know for a fact this account is statued barred and the default on the original loan was registered in January 2010. This then affects my credit rating for a further 3 years. Defaults should be registered within 6 months.
I really need some advice on this one please. I have also entered responses from my complaint letters to MKDP. Please see below.
I need to know my rights and how i can get these issues resolved. If anyone can help me or offer advice on this one that would be fantastic as i will be making my next moves in the alloted time given to them.
Thanks
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The orginal email to MKDP
Date: Thu, 2 May 2013 22:39:56 +0000The Compliance Manager
Lucy Brown
MKDP LLp
Ref: xxxxxxx
Madam,
I do not acknowledge any debt with yourselves or with the company you claim I owed outstanding finance with (welcome Finance)
I refer to an alleged debt that MKDP has apparently acquired from (Welcome Finance) and is showing on my credit reference files (enclose a screen print of file entry) this entry has prompted me to review my credit history and noting that the default date on this account is 05th May 2010 I have concluded that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.
Should MKDP wish to dispute the status of the alleged debt I remind you that the onus of proof that the alleged debt is not statute barred falls entirely on MKDP.
I now require you to cease processing all data relating to me and to remove it from your records.
You have entered a default onto my credit file with all 3 reference agencies (I attach a copy of my Call Credit report for ease of reference).
The Defaults which you have added to my file are a breach of the data protection act for the following reasons.
All data must be accurate and up to date.
Accounts should normally be filed as being in default where those payments due have not been received for six months.
You have effectively extended the default by 3 years which would impair my credit score for a further 3 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 and email.
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,
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This is the response from MKDP
From: Lucy.Brown@mkdp.co.uk
To:
Dear Mr
Account Reference:
Original Account Ref:
Original Creditor: Welcome Finance Ltd
Balance Outstanding: £2,332.56
I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your account. Please accept this email as a Final Response to your concerns.
I am aware that you have recently reviewed your credit file and noticed that a default had been applied showing a date of the 5 May 2010. Due to this you believe that the account is therefore statute barred so you have advised that you will not be making any payments towards to the above account and require this to be removed from your credit file.
I must advise you that the default date on the credit report provided shows the date of the 5 January 2010 and not the 5 May 2010, for both the entry by MKDP LLP and Welcome Finance Limited. The default has therefore been applied correctly and as the above balance remains outstanding, we do not have to comply with your request to stop processing your personal data, as credit referencing is necessary for putting into effect the contract that you signed with Welcome Finance.
In order for an account to be statute barred, the debt would not have been acknowledged within the last six years. A payment was made to the account on 23rd November 2007 which means the account is not statute barred. This is a lie as a payment has never been made on this account.
Should you remain unhappy with our response, you do have the right to refer your concern to the Financial Ombudsman Service. This must be done within six months of the date of this email and I have attached a leaflet that explains how to do this, alternatively you can view the Financial Ombudsman Service leaflet here
http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm
Yours sincerely,
Lucy Brown
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I do not acknowledge any debt with yourselves or with the company you claim I owed outstanding finance with (welcome Finance)
This is my last email.
Dear Lucy,
I refer to an alleged debt that MKDP has apparently acquired from (Welcome Finance) and is showing on my credit reference files (enclose a screen print of file entry) this entry has prompted me to review my credit history and noting that the default date on this account is 05th May 2010 I have concluded that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.
Should MKDP wish to dispute the status of the alleged debt I remind you that the onus of proof that the alleged debt is not statute barred falls entirely on MKDP.
I now require you to cease processing all data relating to me and to remove it from your records.
You have entered a default onto my credit file with all 3 reference agencies.
You claim in your previous email that a payment was made in 2007, however I have never paid anything towards this alleged debt as it is not my debt to pay, if you believe that this is incorrect - please send me evidence to the contrary via return email. I will be sending a copy of our correspondence to the financial service ombudsman and the Information Commissioners Office if this default is not removed within the original 28 days (i.e. 10 days from the date of this email.)
Regards,
I would like some advice please? I took out a loan with Welcome Finance in April 2007 - A payment was never made on the account and now after checking my file 6 years later. I know for a fact this account is statued barred and the default on the original loan was registered in January 2010. This then affects my credit rating for a further 3 years. Defaults should be registered within 6 months.
I really need some advice on this one please. I have also entered responses from my complaint letters to MKDP. Please see below.
I need to know my rights and how i can get these issues resolved. If anyone can help me or offer advice on this one that would be fantastic as i will be making my next moves in the alloted time given to them.
Thanks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The orginal email to MKDP
Date: Thu, 2 May 2013 22:39:56 +0000The Compliance Manager
Lucy Brown
MKDP LLp
Ref: xxxxxxx
Madam,
I do not acknowledge any debt with yourselves or with the company you claim I owed outstanding finance with (welcome Finance)
I refer to an alleged debt that MKDP has apparently acquired from (Welcome Finance) and is showing on my credit reference files (enclose a screen print of file entry) this entry has prompted me to review my credit history and noting that the default date on this account is 05th May 2010 I have concluded that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.
Should MKDP wish to dispute the status of the alleged debt I remind you that the onus of proof that the alleged debt is not statute barred falls entirely on MKDP.
I now require you to cease processing all data relating to me and to remove it from your records.
You have entered a default onto my credit file with all 3 reference agencies (I attach a copy of my Call Credit report for ease of reference).
The Defaults which you have added to my file are a breach of the data protection act for the following reasons.
All data must be accurate and up to date.
Accounts should normally be filed as being in default where those payments due have not been received for six months.
You have effectively extended the default by 3 years which would impair my credit score for a further 3 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 and email.
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,
---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
This is the response from MKDP
From: Lucy.Brown@mkdp.co.uk
To:
Dear Mr
Account Reference:
Original Account Ref:
Original Creditor: Welcome Finance Ltd
Balance Outstanding: £2,332.56
I write further to your recent correspondence and to our letter of acknowledgement in regards to the outstanding balance on your account. Please accept this email as a Final Response to your concerns.
I am aware that you have recently reviewed your credit file and noticed that a default had been applied showing a date of the 5 May 2010. Due to this you believe that the account is therefore statute barred so you have advised that you will not be making any payments towards to the above account and require this to be removed from your credit file.
I must advise you that the default date on the credit report provided shows the date of the 5 January 2010 and not the 5 May 2010, for both the entry by MKDP LLP and Welcome Finance Limited. The default has therefore been applied correctly and as the above balance remains outstanding, we do not have to comply with your request to stop processing your personal data, as credit referencing is necessary for putting into effect the contract that you signed with Welcome Finance.
In order for an account to be statute barred, the debt would not have been acknowledged within the last six years. A payment was made to the account on 23rd November 2007 which means the account is not statute barred. This is a lie as a payment has never been made on this account.
Should you remain unhappy with our response, you do have the right to refer your concern to the Financial Ombudsman Service. This must be done within six months of the date of this email and I have attached a leaflet that explains how to do this, alternatively you can view the Financial Ombudsman Service leaflet here
http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm
Yours sincerely,
Lucy Brown
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
I do not acknowledge any debt with yourselves or with the company you claim I owed outstanding finance with (welcome Finance)
This is my last email.
Dear Lucy,
I refer to an alleged debt that MKDP has apparently acquired from (Welcome Finance) and is showing on my credit reference files (enclose a screen print of file entry) this entry has prompted me to review my credit history and noting that the default date on this account is 05th May 2010 I have concluded that any such alleged debt is statute barred, therefore I will not now or in the future make any payment or offer of payment in regard to the alleged debt.
Should MKDP wish to dispute the status of the alleged debt I remind you that the onus of proof that the alleged debt is not statute barred falls entirely on MKDP.
I now require you to cease processing all data relating to me and to remove it from your records.
You have entered a default onto my credit file with all 3 reference agencies.
You claim in your previous email that a payment was made in 2007, however I have never paid anything towards this alleged debt as it is not my debt to pay, if you believe that this is incorrect - please send me evidence to the contrary via return email. I will be sending a copy of our correspondence to the financial service ombudsman and the Information Commissioners Office if this default is not removed within the original 28 days (i.e. 10 days from the date of this email.)
Regards,
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