PLEASE HELP - Can a DCA put a new default on your credit file???

[meandnooneelse]

Further to a recent post of mine, Buchanan, Clark & Wells have now written to me regarding a debt I have NOT acknowledged for well over 6 years.

They state "With reference to the above account which was previously held by COMPANY NAME we write to advise you that we, BCW Group Ltd now hold the legal right to collect the full outstanding amount including legal recovery through the court if necessary. Please note that BCW Group has assumed responsibility for reporting this default to the credit reference agencies; as such, until such time as this matter is resolved, this may potentially affect your ability to obtain credit".

This debt should be statute barred by now and I'm pretty sure I have had a default notice from the original creditor already, but over 6 years ago.

SURELY a debt collection agency cannot be allowed to put another default notice on my credit file and start the 6 year cycle again, just like that? I have not acknowledged this debt for over 6 years so surely they are not allowed to create a new default notice out of "thin air"?

PLEASE can somebody with knowledge on this help.

[Totoro]

Re: PLEASE HELP - Can a DCA put a new default on your credit file???

No, they would normally take over the original default changing it over into their name, or place a new default in their name if the original creditor has marked the original one as closed, but they would have to keep all the info the same default date etc and it would still automatically drop off after 6 years from default.

If 6 years have lapsed though, they cannot just start a new default record because they now own the debt.

[meandnooneelse]

Re: PLEASE HELP - Can a DCA put a new default on your credit file???

Thanks Totoro.

So when I check my credit file, if there is a new default on there from B, C & W's then I can request for this to be removed? I have read on here previously that DCA's have done this (entered new defaults to try to prevent the statute barred rule).

If the default has passed the 6 year period and they enter a new default, how can I prove the previous default existed if it dropped off?

I have refrained from checking my credit file because having read the T&C's and it says they will share all the information I given to check my file e.g. address, contact number etc. with third parties for reasons including "the purpose of debt recovery".

It seems you can't have your statutory credit report without the credit reference agency then sharing your new details with DCA's!!!

[FlamingParrot]

Re: PLEASE HELP - Can a DCA put a new default on your credit file???

With regards to your default, you may want to look at this post I made earlier: http://www.legalbeagles.info/forums/...363#post406363

It relates to a similar situation, where the DCA has unlawfully placed a new default on your file.

SBd status is not related to your credit file, i.e. a default may have dropped off after 6 years but if you made any payments, the debt wouldn't be SBd.