MKDP LLP Issues??

leggibum

Basically, i was naughty many years ago, had various debts i stopped paying..some years later when i needed credit, couldnt get it obv!
Recently, ive got a free credit report and thought id try to get things in order finally after many years..luckily many debts have fallen off after 6 years..
1 hasnt!!! an old welcome finance loan, dated 2005...obviously sold to MKDP at some point an default registered 1/1/2010...5 years later, in my eyes, a tactic to extend my debt longer than the 6 years statue barred bla bla.. what im trying to find out is, does anyone know if i could find out if my original welcome loan was defaulted?? As i find it hard to believe, a dodgy rip off company (i kno i joined them but thats what they are) wouldnt register a default quicker than they did.... I'm waffling, any responses/advice would be greatly appreciated...

SusieT

Statute barred has nothing to do with the default date, it goes from the last time you acknowledged in writing or paid to the debt so ignore the default date as that just gives you a bad credit file for the 6 years after its date.

leggibum

i see.. just to say, i stopped paying my debts early 2006 and have since never paid a penny to anyone nor acknowledged a debt in anyway..any correspondence that came to my parents address was immediately ripped up, as due to circumstances at that time, i couldnt even entertain paying back my loans due to personal debts with friends! do you think its possible welcome could have defaulted this debt earlier than 2010...or do i need to just face the music and admit the default date is 2010...but whats stopping this company selling it on a few years down the line and re-registering a default at a later date, further extending this (is that even legal i dont know) but if not, that raises a question, would welcome or any other company sell a debt that isnt in default??
sorry to ask so much, jus typing what comes in my head, trying to get my head around the sitch

SusieT

The only way to see if it was defaulted earlier is to send a subject access request to Welcome Finance. They can sell the debt to who they like but only one default for each debt can be registered, all that will happen if it is sold is that the owner of the account will change. If you are worried about the default date changing in the future take a screenshot of the page showing the default as evidence of the date.

fermi

leggibum wrote: »

i see.. just to say, i stopped paying my debts early 2006 and have since never paid a penny to anyone nor acknowledged a debt in anyway..

In that case, registering a default with a "default date" of 2010 is WAY out of line.

See: https://forums.moneysavingexpert.com/discussion/3172602

leggibum

thanx for the replies guys.... @ susie.. ive already enquired with welcome about such information, they're requesting £2 for terms and conditions and £10 for all info they hold on me.. so may well be worth paying the £10 to at least settle my own mind

and @ fermi...again thanx for the reply, you're comments are exactly how i feel, so trying my best to look into the possibility of this being registered earlier as ive never even glimpsed at my credit file prior to the last week or 2... i will check out the link today, cheers

tenbob84

how much is the debt for? its possible that if you agree to pay the debt, the new debt recovery company will agree to remove this mistake from your credit file

leggibum

just checked out your link and a very interesting statement was there referring to the time framework linked to registering defaults....

Quote:
• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.
• Accounts should normally be filed as being in default where those payments due have not been received for six months.

leggibum

@ tenbob84 ... hey, i suppose thats an option for me like, but my approach would be, if this account should have been registered for default at an earlier date, then due to non acknowledgement/payment of it, it should disappear anyway after 6 years, like every other one of my debts did... i could face up and pay something that i initally borrowed (the right thing to do) but im more interested in the sensible thing to do atm ;-D

sorry the debt was around £3,550

fermi

Exactly.

There is no way that a default registered in 2010 for an account defaulted in 2006 and no payments/contact made after that could possibly be considered fair.

The creditor doesn't have to immediately issue one, but in such a clear cut case of a default it should not be dated more than 6 months later.

Either MKDP or Welcome are seriously taking the pee in doing that.

I suppose the question is are you sure the debt is statute barred now? i.e. more than 6 years since you last made a payment or acknowledged the debt?

If it is then you can give MKDP both barrels and complain.

leggibum

interesting... The reason i know i didnt pay them or acknowledge is cos i was living in thailand, and not paying debts back home prolonged my stay out there... when i did come home, i owed friends money who obviously got priority over banks/lenders etc... and yeah, basically every letter was immediately ripped up and binned...they could never contact me as i lost my phone over there and had a new tel number upon my arrival home... so im 100% confident i wouldnt acknowledge this tbh mate, but i agree with your view as registering this so long after i stopped paying them is kinda ludacris and years later when i 'thought' i could get things up an running, improve my score, not make stupid mistakes again but this is there and looks like it will be for years to come if i dont try do somethin aba it..