Help with defaults

ExeCute

Hi Guys,

I have a bit of a messy credit history and need some advice.

I registered with CreditExpert and found 3 defaults on my account. With this I have 2 main questions I need help with.

1) My first default seems to be for something which was done falsely in my name in 2008 from an old rented property I can only assume. It was a mail order for £200 which I know nothing about. This was sold to a company called ARROW who filed the default in 05/2008. The record given was put on my file with a totally different birthday also, which gave me problems when contacting arrow as they would not talk to me as the birthdate security question did not match. So my first question, after May this year, can I just get this removed as an old entry ? Or should I fight this still and try to get it removed because its not mine ?

2) I had a credit card with MBNA which I entered into an agreement of paying £36 a month to clear the balance on. I never missed a payment, then one day found they had sold this debt to a company called Moorgate. Once they sold the debt they entered a default under MBNA on my credit record and at the same time Moorgate entered a default for exactly the same outstanding figure on the same date. Should this be right as it now looks like I have a crazy history when really its not as bad as it looks.

MBNA LTD
Account Updated to: 29/01/2012
Date of Birth: 25/11/1980
Account Type: Credit card / Store card
Started: 06/03/2006
Current Balance: Satisfied
Default Date: 29/09/2010
Default Balance: £2,692


MOORGATE (BRITANNIA REC)
Account Updated to: 24/02/2013
Account Type: Credit card / Store card
Started: 06/03/2006
Default Date: 29/09/2010
Default Balance: £2,692

Any help would be appreciated.

*Edit not sure if this is the correct room to post this in now! I cant seem to find the right room specific for this. Hope thats ok!

fermi

1) If you don't fight it it will be on your credit report until May 2014.

2) MBNA should have removed their entry so there is only one default.

ExeCute

Thanks for the reply.

Arrow want nothing to do with helping me at all, I explained everything to them and gave them a police reference number. Do you have any advice on how I can proceed more formally in which they will actually listen to me ?

I thought MBNA would be the ones entitled to list the default but not Moorgate, im very confused?!

fermi

On Arrow,

Complain to the credit reference agency for starters. If the account is not matching your date of birth, then the agency should never have displayed it on your report in the first place.

Similar to this link: https://forums.moneysavingexpert.com/discussion/4342885

Plus complain to the FOS etc regarding Arrow.

fermi

On MBNA.

MBNA should have removed their entry as per:

As per: https://forums.moneysavingexpert.com/discussion/3172602

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned. The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

54 Where the purchaser of the debt does not agree to take control of the record, the original lender, and at least in part the credit reference agency, will remain responsible if the original record is kept on the file. When the debt is sold or assigned, the customer will no longer owe any money to the original lender. If the record is not removed, the sale or assignment should be recorded and the balance should be shown as zero. The customer should still be told who the debt has been sold or assigned to.

fermi

You may have to fight to get MBNSA to remove their default.

And credit reference agency staff will tell you a load of bollox that 2 defaults are OK for the same debt.

They are not.

An example of one being removed in this thread.

https://forums.moneysavingexpert.com/discussion/comment/52853269#Comment_52853269

ExeCute

Ok thank you. I have entered 2 queries regarding both entrys on experiens website as per your advice given.

1) Incorrect information not matching my details
2) Debt being sold on, MBNA should be removing their initial default entry and leaving it to Moorgate.

Ill update this post if I hit a brick wall in their replys.

Thank you so much, its nice to have somewhere to start.

ExeCute

I have a response.

Thank you for your emails, which we received on 12/03/2013.

*Moorgate (Account started 06/03/06)
*MBNA (Account started 06/03/06)

The entry recorded by MBNA shows the name of the company that the debt was originally owed to. The second entry recorded by Moorgate shows that the debt has now been sold to another company to collect.

Although the debt is now being recorded twice, only the entry recorded by the debt collection agency will have an effect on your credit rating.

Both entries will be retained on your credit report for six years from the default date.

*Arrow Global (Account started 04/12/07)

I am contacting the company concerned for you. This is because I can not amend the information without their consent.

I am adding our standard dispute statement to this information.

"The consumer has disputed the accuracy of this entry and we have therefore asked the provider to investigate it. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

This statement will show within the next seven days.

---

The MBNA issue seems to contradict what people are saying ?

fermi

ExeCute wrote: »

Although the debt is now being recorded twice, only the entry recorded by the debt collection agency will have an effect on your credit rating.

Is the MBNA account listed as being "in collections"?

As per this link: http://forums.moneysavingexpert.com/showpost.php?p=59954625&postcount=20

If not, then that Experian email is likely wrong.

fermi

Regards Arrow. Complain to the FOS.

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

FOS may write on your behalf if you phone and ask them, as per:

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

ExeCute

thank you for the responses.

I have contacted FOS in regards to Arrow now, and sent another pushy mail back to Experian in regards to setting an entry to "Transferred" so only I can see the entry and not lenders.

It seems that the MBNA entry has not been set as transferred of sorts, although it does say settled, it still looks like a default to me.

I will post any further communications im stuck on if/when I get them.

Thanks again. I Hope some progress will now be made.