Mkdp llp old debt on credit file?

Lizzye

My other half has a debt from 2006 for £2000 from welcome finance. He has not made payments on this since 2006 so assume its defaulted from then.

Anyway, he regularly checks his experian report and on checking last night there was a default from MKDP LLP re-dating the debt to 2010! He hasn't made any payment on this since 2006 so shouldn't this in theory be statute barred now or just written off?

Is there anyway of querying this?

fermi

So the default date actually says 2010? if so, then no, they shouldn't wait that long before recording a default if payments have not been made in the meantime.

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

What sort of loan was it? Secured loan on bricks and mortar is statute barred (mostly) after 12 years rather than 6.

If he decides to dispute it then he would need to register the dispute through the CRAs, and should usually write to MK with a formal dispute as well. That way there is the best paper trail if/when it needs two escalate to the FOS.

(In fact if the FOS think your complaint has merit, then they will sometimes write to the creditor with an initial complaint for you. Worth asking, as it can make the creditor take notice sooner.)

See:

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

We can help by contacting the business for you, and telling them about your complaint.

http://www.ico.gov.uk/complaints/handling.aspx

and page 19 onwards of this:

http://www.ico.gov.uk/for_the_public/topic_specific_guides/~/media/documents/library/Data_Protection/Practical_application/credit_explained_leaflet_2005.ashx

Whether you can get this corrected is not 100% certain. Whether organisations uphold your complaint can be a bit random, and they are not exactly consistant in their interpretations on "guidelines". But if you don't complain then it's certain nothing will be corrected, so usually worth a shot.

Lizzye

The loan was for a car, and because our circumstances back then we couldn't afford to pay it from the 2006 date. This default has not shown on his credit report until now which is why he was so surprised by it last night and even more surprised that they have put a start date for the default as 2010. Can they actually do this? I know debts get passed about but as he's never paid since then, much less been chased for it it's a bit confusing.

fermi

Unfortunately some of the less scrupulous debt collectors/creditors redate or add defaults when the debt is sold on, which can be years later than it should be. Both Welcome and MDK have a reputation for this if memory serves.

They do it because they can get away with it mostly. Same as why a lot of creditors and debt collectors do things and act in ways that are arguably unfair and against all guidelines.