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Can I get defaulted twice for same debt?

Hi everyone

My first post here, been reading this forum alot over the last few weeks.

Im in the middle of reclaiming bank charges and trying to clean up my credit file.

I had a credit card with TSB who defaulted me on it and it was passed to a DCA. I wasnt informed this was getting passed and since getting my credit file I have noticed the DCA(Aktiv capital)has also placed a default on my file for the same debt, can they do this? 2 defaults for the same debt.

Also since then it has been passed on to another DCA (thames credit) Are they alloed to pass it from one DCA to another without informing, it has gotten to the point I dont know who is dealing with the debt anymore.

Any advice would be great

Comments

  • sparkysi
    sparkysi Posts: 67 Forumite
    Cant answer your question but I have the same problem. I have none of the original paperwork for my debts (long story) and have no idea who is dealing with what. I have listed everything off my credit file on my bankruptcy form as best I can. Interestingly, I owe IF over £40k and when I called them for info on it, they had no details at all.
  • Tallymanjohn
    Tallymanjohn Posts: 1,060 Forumite
    Years ago, when I worked in finance, defaults were issued for individual missed payments, rather than a total owed, so maybe it's still much the same.
  • Thanks for the advice.

    Been searching abotu on other forums and found all this - might help someone else in my position

    http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/18126-aktiv-kapital-again.html

    http://www.debtquestions.co.uk/debt_forum/viewtopic.php?t=9769
  • A default can not lawfully be registered more than once at the same time, the default can also only ever be registered at the original data of default by either the original creditor, or the assignee if the debt has been sold on.

    With Regards to Aktiv & Thames they are the same outfit, and are well renowned for tactics such as this.

    You should write to them informing them that the re-recording of a default is in breach of the DPA, and that if it is not remove forthwith that you will escalate the matter to the Information Commissioners Office
    :rolleyes: It’s hard enough remembering my opinions - without remembering my reasons for them :rolleyes:
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