Aktiv Kapital default

judy_ · 6 November 2008 at 6:27PM

Hi Guys,

Aktiv Kapital have just defaulted my credit report.

The original creditor had already defaulted me and it had fallen off my credit report a year or so ago.

I know AK can not default me again for the same account.

Is there a template letter to sort this out and who do I write to? AK or Equifax?

Many thanks

Judy

RAS · 6 November 2008 at 6:41PM

Not up on this, but if the default is that old, is the debt also statute barred?

judy_ · 6 November 2008 at 6:47PM

Not statued barred but had been paying it for 7 years via various DCAs, but stopped paying when no CCA was found for the debt, when it was passed to AK

RAS · 6 November 2008 at 6:57PM

Can you prove the default was on until last year?

judy_ · 6 November 2008 at 7:04PM

yes, I have previous print offs from my credit report, showing original default date

fermi · 6 November 2008 at 7:31PM

Something along these lines?

Dear Sir Or Madam

NOTICE TO CORRECT DATA UNDER DATA PROTECTION ACT 1998

I note that original creditor registered a default on **/**/200* against account ****** on **/**/200*.

Subsequently, you have registered a second default on **/**/200*.

Default is defined by the credit reference agencies as the termination of account for cause.

It is not possible to default an account twice, since by definition the account has already been closed.

Attempting to register a default ** years after already registering one is against the guidelines issued by the information commissioner, and is regarded as an unfair practice.

Please take this as a request to correct data under the Data Protection Act 1998.

Please send me a copy of your complaints procedure as required by law, with acknowledgement of this formal complaint.

Please not that failure to correct this erroneous data will result in a complaint to the Information Commissioner and I will seek enforcement action against yourselves.

Yours Faithfully,

Make sure you provide photocopies of the evidence of the previous registered defaults with your complaint. Keep copies of the correspondence in case you need to escalate this to the Information Commissioner's Office.

The ICO factsheet below gives a full explanation on how to complain. Page 19 until the end....

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

judy_ · 6 November 2008 at 7:33PM

Thanks fermi

Would I send that letter to Equifax or Aktiv Kapital?

fermi · 6 November 2008 at 7:38PM

Aktiv Kapital.

As explained in the ICO's factsheet, it is normally best to deal with the organisation who are providing the incorrect data to the Credit Reference Agencies (CRAs).

That way they should correct any false information they have provided to any/all of the 3 credit reference agencies. Plus if you dispute with the CRAs they will only query the data for correctness with the creditor anyway, so you may as well go direct.

Saying that it may be worth telling the CRAs that the entry is disputed and/or put a notice of correction on the file. For a disputed entry the CRAs will sometimes remove the entry temporalily while it is disputed. But as said, the best primary route of complaint is with the creditor that placed the incorrect info in the first place.

Aktiv Kapital default

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