Default help - Merligen Investments

ody1977

Hi... Thanks for taking the time to read. I will try and keep it brief and straight to the point.

I entered into a finance agreement on 21/11/2007 with Clode Retail Finance, now V12 Finance, (dabs: computer I think) for £1013. I kept up repayments of £26 a month until March 2009. Checking my noddle credit report it shows that on 26/03/2010 the account was ended and settled. This was after more than 6 months of non payment and it is now showing as DA (debt assigned) on the March 2010 entry. I assumed at the time it had been defaulted.

I have received countless letters over the past 3 years from numerous DCA's. One in particular I remember was PDP Management Services Ltd. I ignored them all and haven't received anything from any company in the past year.

I checked my Noddle report today and I now see a default has been registered on 11/03/2013 for £875 (the closing balance was £805) by Merligen Investments.

I have had no letters or contact from them at all. I'm convinced that letters in the past from other companies mentioned it had defaulted in 2010.

I need to either get the default date moved to the date the account was closed (which I assumed this was the date they had defaulted it... seems they haven't by DA on credit file).
Or... get in touch with them and come to an agreement to pay the default and ask them to remove it from my file as it was issued 3 years after the account was 6 months in arrears and had been closed (ico guide says: "Accounts should normally be filed as being in default where those payments due have not been received for six months.") Also, I haven't received any correspondence from this Merligen DCA to inform me it will be defaulted.

Any ideas what my best cause of action would be to get this sorted?

Thanks



Also... this only appears on my noddle(callcredit) report. There is no record of any of it on my equifax report and only a settled in 2010 with V12 Finance on my experian report.

happy_bunny_2

Complain to the company that reported the default to get them to correct the info.

Likely they changed it to get you to contact them. DCAs do that kind of thing.

Selling the debt is indicator of a default, so should be dated no after than that, but also no later than 6 months of no payment as you say.

ody1977

happy_bunny wrote: »

Complain to the company that reported the default to get them to correct the info.

Likely they changed it to get you to contact them. DCAs do that kind of thing.

Selling the debt is indicator of a default, so should be dated no after than that, but also no later than 6 months of no payment as you say.

thanks for reply happy_bunny

I contacted noddle to dispute the date of the default. That was only a few days ago though. Will that be sufficient or will it be better contacting Merligen directly? I would be willing to pay some or all of the default as long as it is removed. The problem is I have no proof that it defaulted in 2010. I'm sure it was, but if it wasn't, are they allowed to issue a default 3 years after non payment even though ICO states that they shouldn't?

I want this matter sorted as soon as possibe due to a possible mortgage application in the near future.

Haven't got the time to play game of letter tennis for months. Will emails be suffice do you think?


Cheers

happy_bunny_2

You could try emails. Trouble is, if they refuse, FOS will take months.

Maybe offering to pay for removal may be best option, get it in writing obviously.

Even if the backdate it, would you be ok for a mortgage, as they search 6 years data. Hopefully use someone who does not search noddle.

ody1977

happy_bunny wrote: »

You could try emails. Trouble is, if they refuse, FOS will take months.

Maybe offering to pay for removal may be best option, get it in writing obviously.

Even if the backdate it, would you be ok for a mortgage, as they search 6 years data. Hopefully use someone who does not search noddle.

Some lenders will be ok with defaults over 2 years... a quick plug for how great "Dave Ham" is on the mortgage board. If you need a mortgage and got bad credit. He is your man!!

ody1977

I've just sent an email basically asking them to amend the date to the original default date (if it was defaulted in 2010) or to completely remove the default as it was registered 3 years after (stating ICO good practice for filing defaults 3-6 months)...

Also mentioned haven't received no default notice or warning from them.

I will update thread on any replies...

pauletruth

you defaulted in 2009. when you stopped paying that should be the date recorded.

ody1977

quick update:

sent an sar request to v12 yesterday... no reply to merligen email and still awaiting noddle reply.